New York Deed of Trust - Release

State:
Multi-State
Control #:
US-00489
Format:
Word; 
Rich Text
Instant download

Description

This form authorizes the chancery clerk or the recorder of deeds to release from the deed of trust or mortgage certain property described in the document.
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FAQ

Call 311 or 212-NEW-YORK (212-639-9675) for assistance. You can request a certified or uncertified copy of property records online or in person. Certified copies cost $4 per page. Uncertified copies printed at a City Register Office cost $1 per page.

Witnesses are not required on a deed or deed of trust. Deeds and deeds of trust require a full acknowledgment.

A New York deed must be filed with a Real Property Transfer Report (Form RP-5217). Form RP-5217 documents the details of the real estate transfer. The current owner and new owner must both sign the completed form.

Q: Is it required in New York for a deed to be recorded in order it should be valid? A: An unrecorded deed is valid between the parties in it, but third parties are not bound, and any recording done before the deed is recorded has priority.

A New York deed of trust is a loan security agreement wherein a trustee retains a property title for a lender until a debt has been satisfied by a borrower. Like a mortgage, a deed of trust gives the lender collateral for a real estate loan.

In New York, real estate cannot be transferred via TOD deeds. Instead, property owners often use other mechanisms such as joint ownership or trusts to avoid probate. Consulting with an experienced estate planning attorney is recommended to explore the best options for your circumstances.

New York requirements for real estate deed documents: - Documents must include the names of grantors and grantees, a legal description of the property, and the amount of consideration. - For a transfer of interest in real property subject to New York State Real Property Transfer Tax, the TP-584 must be filed.

Through a deed of release of mortgage, also called a release of deed of trust, the lender agrees to remove the deed of trust, which is the document containing all of the mortgage's terms and conditions that is filed at the beginning of the mortgage process.

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New York Deed of Trust - Release