New York Tax Law Article 11 - TAX ON MORTGAGES

• 250 - Definitions.
  1. The term "real property" as used in this article includes the land itself above and under water, all buildings and other articles and structures,...
• 251 - Procedure for Review.
  Where the application of the provisions of this article is involved, the act of a recording officer in recording or refusing to record an instrument,...
• 252 - Exemptions.
  (1) No mortgage of real property situated within this state shall be exempt, and no person or corporation owning any debt or obligation secured by...
• 252-a - Other Exemptions.
  1. Mortgages of real property given to secure obligations incurred and given pursuant to the provisions of section six-a of the banking law shall be...
• 253 - Recording Tax.
  1. A tax of fifty cents for each one hundred dollars and each remaining major fraction thereof of principal debt or obligation which is, or...
• 253-a - Recording Tax by a City of One Million or More.
  1. Any city in this state having a population of one million or more, acting through its local legislative body, is hereby authorized and empowered...
• 253-b - Credit Line Mortgage.
  1. In the case of a mortgage which is a credit line mortgage, as defined in subdivision two of this section, of real property principally...
• 253-c - Recording Tax Imposed by the County of Nassau.
  1. Nassau county, acting through its local legislative body, is hereby authorized and empowered to adopt and amend local laws imposing in any such county...
• 253-d - Recording Tax Imposed by the City of Yonkers.
  1. The city of Yonkers, acting through its local legislative body, is hereby authorized and empowered to adopt and amend local laws imposing in any...
• 253-e - Recording Tax Imposed by the County of Broome.
  1. Broome county, acting through its local legislative body, is hereby authorized and empowered to adopt and amend local laws imposing in such county a...
• 253-f - Recording Tax Imposed by the County of Rockland.
  1. Rockland county, acting through its local legislative body, is hereby authorized and empowered to adopt and amend local laws imposing in such county a...
• 253-g - Recording Tax Imposed by the County of Westchester.
  1. Westchester county, acting through its local legislative body, is hereby authorized and empowered to adopt and amend local laws imposing in such county a...
• 253-h - Recording Tax Imposed by the County of Lewis.
  1. Lewis county, acting through its local legislative body, is hereby authorized and empowered to adopt and amend local laws imposing in such county a...
• 253-i - Recording Tax Imposed by the County of Columbia.
  1. Columbia county, acting through its local legislative body, is hereby authorized and empowered to adopt and amend local laws imposing in such county a...
• 253-j - Recording Tax Imposed by the County of Sullivan.
  * 1. Sullivan county, acting through its local legislative body, is hereby authorized and empowered to adopt and amend local laws imposing in such county...
• 253-j*2 - Recording Tax Imposed by the County of Hamilton.
  * 253-j. Recording tax imposed by the county of Hamilton. 1. Hamilton county, acting through its local legislative body, is hereby authorized and empowered to...
• 253-j*3 - Recording Tax Imposed by the County of Essex.
  * 253-j. Recording tax imposed by the county of Essex. 1. Essex county, acting through its local legislative body, is hereby authorized and empowered to...
• 253-j*4 - Recording Tax Imposed by the County of Schoharie.
  * 253-j. Recording tax imposed by the county of Schoharie. 1. Schoharie county, acting through its local legislative body, is hereby authorized and empowered to...
• 253-k - Recording Tax Imposed by the County of Genesee.
  * 1. Genesee county, acting through its local legislative body, is hereby authorized and empowered to adopt and amend local laws imposing in such county...
• 253-l - Recording Tax Imposed by the County of Rensselaer.
  1. Rensselaer county, acting through its local legislative body, is hereby authorized and empowered to adopt and amend local laws imposing in such county a...
• 253-m - Recording Tax Imposed by the County of Wayne.
  1. Wayne county, acting through its local legislative body, is hereby authorized and empowered to adopt and amend local laws imposing in such county a...
• 253-n - Recording Tax Imposed by the County of Wyoming.
  * 1. Wyoming county, acting through its local legislative body, is hereby authorized and empowered to adopt and amend local laws imposing in such county...
• 253-o - Recording Tax Imposed by the County of Chautauqua.
  1. Chautauqua county, acting through its local legislative body, is hereby authorized and empowered to adopt and amend local laws imposing in such county a...
• 253-p - Recording Tax Imposed by the County of Albany.
  * 1. Albany county, acting through its local legislative body, is hereby authorized and empowered to adopt and amend local laws imposing in such county...
• 253-r - Recording Tax Imposed by the County of Schenectady.
  1. Schenectady county, acting through its local legislative body, is hereby authorized and empowered to adopt and amend local laws imposing in such county a...
• 253-s - Recording Tax Imposed by the County of Steuben.
  * 1. Steuben county, acting through its local legislative body, is hereby authorized and empowered to adopt and amend local laws imposing in such county...
• 253-t - Recording Tax Imposed by the County of Yates.
  * 1. Yates county, acting through its local legislative body, is hereby authorized and empowered to adopt and amend local laws imposing in such county...
• 253-u - Recording Tax Imposed by the County of Herkimer.
  * 1. Herkimer county, acting through its local legislative body, is hereby authorized and empowered to adopt and amend local laws imposing in such county...
• 253-v - Recording Tax Imposed by the County of Cortland.
  * 1. Cortland county, acting through its local legislative body, is hereby authorized and empowered to adopt and amend local laws imposing in such county...
• 253-w - Recording Tax Imposed by the County of Warren.
  * 1. Warren county, acting through its local legislative body, is hereby authorized and empowered to adopt and amend local laws imposing in such county...
• 253-x - Recording Tax Imposed by the County of Cattaraugus.
  * 1. Cattaraugus county, acting through its local legislative body, is hereby authorized and empowered to adopt and amend local laws imposing in such county...
• 253-x*2 - Recording Tax Imposed by the County of Greene.
  * 253-x. Recording tax imposed by the county of Greene. 1. Greene county, acting through its local legislative body, is hereby authorized and empowered to...
• 254 - Optional Tax on Prior Mortgages.
  Whenever any mortgage other than a mortgage specified in section two hundred and sixty-four has been recorded prior to July first, nineteen hundred and six,...
• 255 - Supplemental Mortgages.
  1. (a) (i) If subsequent to the recording of a mortgage on which all taxes, if any, accrued under this article have been paid, a...
• 256 - Mortgages for Indefinite Amounts or for Contract Obligations.
  If the principal indebtedness secured or which by any contingency may be secured by a mortgage is not determinable from the terms of the mortgage,...
• 257 - Payment of Taxes.
  The taxes imposed by this article shall be payable on the recording of each mortgage of real property subject to taxes thereunder. Such taxes shall...
• 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...
• 258 - Effect of Nonpayment of Taxes.
  1. No mortgage of real property shall be recorded by any county clerk or register, unless there shall be paid the taxes imposed by and...
• 258-a - Payment of Tax on Instruments Not Recorded.
  An instrument taxable under this article but which is not entitled to be recorded, may nevertheless be presented to the recording officer of the county...
• 259 - Trust Mortgages.
  In the case of mortgages made by corporations in trust to secure payment of bonds or obligations issued or to be issued thereafter, if the...
• 260 - Determination and Apportionment by the State Tax Commission.
  When the real property covered by a mortgage is situated in more than one tax district, the state tax commission shall apportion the tax paid...
• 261 - Payment Over and Distribution of Taxes.
  1. The balance of all moneys paid to the recording officer of each county during each month upon account of the additional taxes imposed pursuant...
• 262 - Expenses of Officers.
  Recording officers and county treasurers shall severally be entitled to receive all their necessary expenses for the purposes of this article, including printing, hire of...
• 263 - Supervisory Power of Commissioner of Taxation and Finance and Comptroller.
  1. (a) The commissioner of taxation and finance shall have general supervisory power over all recording officers in respect of the duties imposed by this...
• 264 - Tax on Prior Advance Mortgages.
  Whenever any part of the amount of the principal indebtedness which is or under any contingency may be secured by a mortgage recorded prior to...
• 265 - Tax a Lien; Exceptions.
  The tax in this article imposed shall be deemed and is hereby declared to be a lien upon the mortgage upon which such tax is...
• 266 - Enforcement; Procedure.
  In case the tax imposed by this article is not paid as in this article provided, the tax commission may notify the attorney-general of such...
• 267 - Idem.; Where Recovery is Had Against Trust Mortgagee.
  267. Idem.; where recovery is had against trust mortgagee.--In every case where recovery is had personally against a trust mortgagee as herein provided, and payment...

Last modified: February 3, 2019