The affidavits should state the exemption and must be signed and notarized. If an exemption is claimed for the Mortgage Tax, the mortgage must be accompanied by two affidavits, an original and one copy. Basic and Additional Taxes are paid by the borrower and Special Additional Tax is paid by the lender. The 1% tax is divided as follows: Basic Tax = 0.5% Additional Tax = 0.25% (minus $25.00 if the property is a 1-2 family dwelling) Special Additional Tax = 0.25%. Mortgage tax can be computed by calculating 1% of the mortgage amount less $25.00 for one or two family dwellings. (check with Jan/Lance re: dwelling type) NYS Mortgage Tax The tax rate is one percent of the consideration. Mansion Tax is imposed on each conveyance of residential real property when the consideration for the entire conveyance is one million dollars or more and the premises is being used in whole or in part as a one, two or three family house, or a condominium. Affidavits are available at no fee in the Erie County Clerk’s office to claim this exemption or on our Forms page. The property must be a one-two family dwelling. This is available to senior citizens aged 62 or older who own and occupy the property for at least one year. Senior Citizen Exemption is a reduction in the transfer tax from $4.50 per $500.00 to $2.00 per $500.00. Please check with the Clerk’s Office for details. Please note that in some instances relating to the transfer of previously unimproved property upon which a residence has been constructed, the transfer may be exempt from the Erie County portion of the rate. The seller is responsible for the New York State and the Erie County Transfer Tax. This must be paid at the time the deed is presented for recording. For example, if the purchase price for a home is $104,501.00, NYS transfer tax will be $420.00 and Erie County transfer tax will be $525.00 for a total Transfer Tax due of $945.00. Consideration must be rounded up to the nearest $500.00. This amount is broken down by New York State portion of $2.00 and Erie County portion of $2.50. Transfer tax in Erie County is a total of $4.50 per $500.00 of consideration. $5.00 plus $3.50 for mailing if requested Mechanic's Lien, Discharge/Cancellation by Bond ($1.50 in addition to Recording Fee) Assignment of Mortgage Statutory Recording Feeįor cross-referencing each additional mortgage *Note that each mortgage (recited in satisfaction instrument) constitutes one cross reference e.g., if three (3) mortgages (recited in satisfaction instrument) have been assigned and consolidated by one instrument, then three (3) cross references will be charged. Illustration: The fee to record a one page Discharge of Mortgage with no assignments or other instruments except for the mortgage is $50.50. (mortgage, consolidated mortgages, correcting mortgages) Illustration: To record a 30 page mortgage which does not require an Affidavit of Mortgage, the fee is $195.00 Discharge of Mortgage (a/k/a Satisfaction of Mortgage) Statutory Recording Fee Illustration: To record a three page deed for a residential property, the fee is $195.00 Recording a Mortgage Statutory Recording Fee The property classification code (Item 18) is: 100 through 199 or 200 through 299 or 411-C.To file RP-5217 (Real Property Transfer Report) (To calculate NYS Transfer tax, see below) To file Form TP-584 (NYS Transfer Tax form) The following is a current Land Records fee schedule for the Office of the Erie County Clerk: Recording a Deed Statutory Recording Fee We accept payment of fees by Visa, MasterCard, or Discover. Payments may be made in the form of cash, check, money order, cashier check or credit card. All fees related to a recording must be made payable to the "Erie County Clerk".
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