Deeds should be recorded in the Office of the County Clerk of the county in which the real property being transferred is located. When recording a deed, it is your responsibility to take the proper steps to ensure that the document meets all of the legal requirements for recording. Please be sure to consult an attorney if necessary.
Submitting Your Deed to be Recorded Using PREP:
In order for a deed to be accepted for recording in the Office of the Westchester County Clerk, a deed must be accompanied by the following properly completed forms:
|1)||A Recording and Endorsement Cover Page created on the PREP System;|
|2)||A New York State Department of Taxation and Finance Form TP-584 which must be created in the PREP System;|
|3)||A Real Property Transfer Report, Form RP-5217 which must be created in the PREP System; and|
|4)||A Payment Cover Page created on the PREP System and the proper recording fees and tax payments.|
New York State Transfer Tax:
For the most current tax information please visit the NYS Department of Taxation and Finance website. If the consideration for the property is greater than $500.00, New York State Transfer Tax in the amount of $2.00 for each $500.00 of consideration or fraction thereof is due. Consideration must be rounded up to the nearest $500.00. For example, if the purchase price for a home is $404,501.00 you must round the purchase price up to $405,000.00 to calculate the transfer tax. The tax due is $1,620.00 and must be paid at the time the deed is presented for recording.
NYS Mansion Tax:
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. The tax rate is one percent of the consideration.
Returning Your Deed:
Once the deed has been accepted for recording, it is digitally scanned for easy retrieval and to safeguard the document. After scanning and digitally archiving the deed, the original will be returned to the address that appears in the Record and Return Box on the cover page. If you will need a certified copy of your deed quickly, you should order a certified copy, using a separate check for the certified copy, at the time the document is submitted for recording.
Changing Your Deed:
We are a recording office and are able to offer assistance with questions regarding recording requirements and the recording process. However, we are not able to offer advice on how to prepare the papers that are offered to our office for recording, such as a deed. If you need assistance in preparing a deed, you will need to contact an attorney. And once you have prepared your document, we would be happy to assist you with recording it in our office.