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Memorandum of Trust Form - Montgomery County
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last updated 3/3/2021
Completed Example of the Memorandum of Trust - Montgomery County
Line by line guide explaining every blank on the form.
Included document last updated 3/8/2021
*The Following New York and Montgomery County supplemental forms are included as a courtesy with your order.
New York Real Property Transfer Report
The complete, digitized transfer report is required at the time of recording. Even non-sale transfers must be accompanied by this form. Follow the link and instructions for downloading on the information sheet provided here.
Combined Real Estate Transfer Tax Return
This form must be filed for each conveyance of real property from a grantor/transferor to a grantee/transferee. Included are line-by-line instructions with a list of New York transfer tax exemptions. Schedules (TP-584.1) are only needed for conveyances pursuant to or in lieu of foreclosure or pursuant to a secured party’s enforcement of a lien or other security interest, conveyances that consist of a mere change of identity or form of ownership or organization, and conveyances for which credit for tax previously paid will be claimed.
New York Non Resident Transfer
Use this form if you are a non-resident of New York State transferring real property. Submit the completed form with full payment of estimated tax due, if any, to the recording officer at the time the deed is presented to be recorded. Do not mail the form to the tax department.
Notary Certificates
The supplemental forms in this section can be used as loose certificates by New York State notaries.
Including:
Using a New York Memorandum of Trust
In New York, trustees of personal trusts use a memorandum of trust to certify the existence of a trust and their authority to act on behalf of the trust. The memorandum is used in place of the actual trust document and provides only essential information about the trust for lending institutions or other third parties. In this way, information that may be personal in nature, such as the designated beneficiaries under the trust, is kept confidential.
The memorandum is executed and signed by the grantor of the trust under the trust instrument, as well as the trust's formal name and date of origination. It identifies the trustee and any successor trustees with power to act on behalf of the trust.
The difference between a declaration of trust and a trust agreement, as designated in the memorandum of trust document, is the grantor's relationship to the trustee. If the trustee and the grantor are the same person and the grantor controls trust assets, the trust falls under a declaration of trust. If the grantor and the trustee are separate people and the trustee controls the trust assets, trust is under a trust agreement [1].
The distinction between a declaration of trust and a trust agreement also affects the name by which the trust takes title to real property as a grantee. In the following example, "John Doe," under a declaration of trust, serves as both grantor and trustee: "John Doe, trustee under declaration of trust dated mm/dd/yyyy." Under a trust agreement, the grantor name is included as well: "John Doe under agreement with Robert Grantor dated mm/dd/yyyy" [1].
All recorded documents relating to real property in the State of New York are required to include a physical description of the property, as well as the section, lot, block, and unit numbers.
[1] https://www.treasurydirect.gov/indiv/planning/plan_estate_trustsq_a.pdf
Get your Montgomery County Memorandum of Trust form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties.
The documents you receive here will meet, or exceed, the Montgomery County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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