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All Cortland County specific forms and documents listed below are included in your immediate download package:
The Following New York and Cortland County supplemental forms are included as a courtesy with your order.
Information Sheet - NYS Real Property Transfer Report (RP 5217) (New York Document)
Combined Real Estate Transfer Tax Return Form - TP 584 (New York Document)
Combined Real Estate Transfer Tax Return Form Instructions - TP 584-I (New York Document)
Combined Real Estate Transfer Tax Return Form Schedules - TP 584.1 (New York Document)
Nonresident Real Property Estimated Income Tax Payment Form (New York Document)
Nonresident Real Property Estimated Income Tax Payment Instructions (New York Document)
Certificate of Acknowledgment (New York Document)
Including:
New York Deed with Full Covenants
In New York, title to real property can be transferred from one party to another by executing a deed with full covenants. A deed with full covenants conveys fee simple interest in real property to the named grantee with the greatest assurance of title.
Deeds with full covenants are statutory under NY Real Prop. Law Section 258 Statutory Form A. This form includes specific covenants that the grantor holds title to the property and has good right to convey it; that the grantee "shall quietly enjoy the said premises," which means that the grantee has the right to use and enjoy the property without disturbance from claimants; that the property is free from encumbrances (with the exception of any noted in the deed); that the grantor will "execute or procure any further necessary assurance of the title"; and that the grantor will defend the title against all lawful claimants (NY Real Prop. Law Section 258 (Statutory Form A)).
A deed with full covenants offers the highest protection to the grantee (buyer), covering the entire ownership history, even preceding the time the grantor obtained title. This warranty is greater than that of a bargain and sale deed, which, at most, may contain a covenant against grantor's acts (that the property conveyed is without encumbrances made by the grantor). Deeds with full covenants also provide more surety than a quitclaim deed, which offers no warranties of title.
A lawful deed with full covenants includes the grantor's full name, mailing address, and marital status; the consideration given for the transfer; and the grantee's full name, mailing address, marital status, and vesting. Vesting describes how the grantee holds title to the property. Generally, real property is owned in either sole ownership or in co-ownership.
For New York residential property, the primary methods for holding title are tenancy in common, joint tenancy, and tenancy by entirety. A grant of ownership of real estate to two or more unmarried persons is presumed to create a tenancy in common, unless a joint tenancy is expressly declared. In the case of married persons, a tenancy by entirety is presumed, unless a joint tenancy or tenancy in common is expressly declared (E.P.T. Law Sections 6-2.1, 6-2.2).
As with any conveyance of realty, a deed with full covenants must meet all state and local standards for recorded documents. It requires a complete legal description of the parcel, including the section, block, lot, and unit numbers. Recite the prior deed reference to maintain a clear chain of title, and detail any restrictions associated with the property.
Sign the deed in the presence of a notary public or other authorized official, then record it at the county clerk's office in the county where the property is located for a valid transfer. Contact the same office to confirm accepted forms of payment.
Most counties in New York require a recording page to accompany all documents for recording. This cover page is available on the local county clerk's website, and it factors into the total page count when calculating recording fees.
In New York, the real estate transfer tax is due at the time of recording. File Form TP-584 (Combined Real Estate Transfer Tax Return) with the appropriate county clerk (TAX Law 31-D-1449-EE(2)(d)). Non-residents of New York State must also file an IT-266 Tax Form (Non-Resident Real Property Estimated Income Tax Payment Form) (TAX Law 22-663).
Pursuant to R.P.P. Law 9-333.3, all conveyances, excluding deeds of oil and gas or mineral rights, require a Real Property Transfer Report. Use Form RP-5217-NYC for real property transfers within the five boroughs of New York City, and use Form RP-5217 for real property transfers in all other counties. Contact the local county clerk's office to confirm the specific county's requirements.
This article is provided for informational purposes only and is not a substitute for legal advice. Speak to an attorney with questions related to deeds with full covenants or any other issues associated with transfers of real property in New York.
The documents you receive here will meet, or exceed, the Cortland County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
Get your Cortland County Warranty Deed 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 and local jurisdictions.
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Name: John H.
Review: Response was timely, even though unsuccessful in locating a requested deed. Deeds very courteously and professionally cancelled my order and cancelled its charge to my credit card.
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Name: Shane T.
Review: The Transfer on Death Deed form package was very good. But like anything, could use some improvements. There is not enough space to fill more than one beneficiary with any level of additional detail like "as his sole and separate property" The area for the legal description could be a bit bigger and potentially fit many legal descriptions. Or it could be made to simply say "See Exhibit A" as is likely necessary for most anyway. The guide should indicate what "homestead property" means so the user doesn't have to research the legal definition. (which turns out to be obvious, at least in my state, if you live there, it's your homestead.) It would be helpful if an "Affidavit of Death" form were included in the package for instances where the current deed hasn't been updated to reflect a widowed owner as the sole owner before recording with only the one signature.
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Name: Darrell W.
Review: Fast and easy to use. Nice to have available online.
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Name: Lisa P.
Review: Wonderful forms. It's nice that they were formatted perfectly for my county, it's real easy to miss a requirement (margines, font size, and so on) and end up with a rejection or higher recording fee. Good job folks!
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Name: Angela A.
Review: The forms, instructions and example of the completed Interspousal Transfer Deed was very helpful. I was able to complete all necessary forms quickly and bring them to the County Recorder's Office for filing with no problems. It was a great relief, and I didn't even need to hire an attorney. Thank you!
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