257-a. Refund of mortgage taxes after rescission of certain credit transactions. 1. As used in this section, a "statutory right of rescission" means the right of an obligor to rescind a consumer credit transaction in which a security interest, including a real property mortgage, is retained or acquired in any real property which is used or expected to be used as a residence of the obligor provided for in section one hundred twenty-five of title one, the "Truth in Lending Act," of the federal Consumer Credit Protection Act (Public Law 90-321; 82 Stat. 146 et seq.) and in the regulations issued by the Board of Governors of the Federal Reserve System pursuant to said title of said act.
2. A person who has paid the taxes imposed by this article on the recording of a mortgage of real property has a right to a refund of the mortgage taxes so paid if a mortgagor upon the mortgage exercises the statutory right of rescission with respect thereto and a discharge of the mortgage has been recorded.
3. The State Tax Commission shall provide by regulation how a person having a right to a refund of mortgage taxes pursuant to subsection two may obtain the refund and the cities, towns, villages or officers to which or to whom the mortgage tax moneys have been paid, paid over, distributed, or allotted shall refund such mortgage tax moneys to a person having a right to the refund thereof.
Last modified: February 3, 2019