Listed in Alphabetical Order by Topic

TUESDAY, MAY 1, 2007
2006 ALTA Policies

Read the memo (PDF)

FRIDAY, DECEMBER 29, 2006
Attorney General Prohibits or Denies Proposal to Give Financial Incentives to Customers Who Obtain Title Insurance from Title Agent or Homeowner Insurance from Affiliate

Read the memo (PDF)

SATURDAY, DECEMBER 1, 2007

Columbia County Transfer Tax

The County of Columbia has imposed a real estate transfer tax of $1.00 for each $500.00 of the consideration, or fractional part thereof, on the transfer of real property or an interest therein in the County of Columbia. Please note that there is an exemption as to the first $150,000.00 of consideration for the sale of a single family residence. The County of Columbia was authorized to create this tax pursuant to Article 31-A-2 of the New York Tax Law (Sections 1439-a through Section 1439-o). This Article shall expire and be deemed repealed on December 31, 2009.

The Law takes effect on December 1, 2007. A conveyance made on or after December 1, 2007, pursuant to a binding contract executed prior to that date is not subject to the Tax, so long as the date of execution of such contract is confirmed by independent evidence such as the recording of the contract, payment of a deposit or “other facts and circumstances as determined by the Treasurer".

The Columbia County Transfer tax is to be paid to the treasurer or the recording officer acting as the agent of the treasurer at the time the deed or instrument of conveyance is submitted for recording. New York Tax Law Sections 1439-a(9) and (10) define “Treasurer" as the commissioner of finance of the county of Columbia, and "Recording officer" as the county clerk of the county of Columbia.

The Columbia County Supplemental Transfer Tax Return is to be submitted with the payment of Columbia County Transfer Tax. There is a $5.00 filing fee for the return.

Please note that the New York Tax Law Section 1439-c(2) provides in part that:

“The return, for purposes of the real estate transfer tax imposed pursuant to this article, shall be a photocopy or carbon copy of the real estate transfer tax return required to be filed pursuant to section fourteen hundred nine of this chapter. However, when an apportionment is required to be made pursuant to section fourteen hundred thirty-nine-m of this article, a supplemental form shall also be required to be filed.”

However, the Columbia County Clerk has confirmed that the Supplemental form must be submitted for all transfers of real property, or interests therein, in the County of Columbia.

The grantor is responsible for the payment of the tax. If the grantor fails to pay the tax or is exempt from paying the tax, the grantee must pay the tax.

The exemptions for the Columbia County Transfer Tax are the same as those for the New York State Transfer Tax. If an exemption is being claimed, the box for the specific exemption should be marked on the TP-584 as well as the box in Schedule B, Part II (b) on the Columbia County Supplemental Transfer Tax Return.

MONDAY, JANUARY 1, 2007
Disclosure Prior to the Sale of Real Property Statute
RPL section 242, Amended

Read the memo (MS Word)

WEDNESDAY, FEBRUARY 21, 2007
Federal Reporting Update: Modified 1099-S Reporting on Sales of Principal Residences

Read the memo (PDF)

New Forms for 2008

IT 2663 for 2008

Instructions for IT 2663 for 2008

NOVEMBER 1, 2007
Dutchess County Mortgage Tax Increases to 1.30%

Recently the Dutchess County Legislature enacted and the Dutchess County Executive signed a local law increasing the mortgage tax in Dutchess County by 0.25%.

The increase to 1.30% in the mortgage tax rate will be effective November 1, 2007. The effective date is based on the time and date of recording, not on the date of the mortgage execution.

THURSDAY, FEBRUARY 1, 2007
Home Equity Theft Prevention Act - Title Advisory

Read the memo (PDF)

The Importance of Performing Core Title Services

An article by Jean Partridge, Benchmark's Chief Counsel and Managing Member, published in the Journal of the New York State Land Title Association, Inc., Winter 2008

The Importance of Performing Core Title Services (PDF)

Increase in Filing Fees for Equalization Form REJECTED

Please be advised that the proposed increase in filing fees for the RP-5217 and RP-5217NYC HAS been REJECTED by the Senate and the Assembly. The New York State Budget Bill (S6809/A9809) as approved does NOT include the proposed increase in the filing fees for these forms.

The filing fees will remain at $ 75.00 for agricultural and 1-3 family residential properties and $165.00 for all other property types.

Rejected RP-5217/RP5217NYC Memo - PDF

Read the proposed RP-5217 Filing Fee Memo here - PDF

SEPTEMBER 27, 2007
IRS Issues Tax Lien Releases in Error

This bulletin is to advise you of a critical matter involving erroneous Releases of Federal Tax Liens. A systems error on August 5, 2007, caused a yet unknown number of Releases of Federal Tax Liens to be sent to taxpayers. The tax obligations on those liens have not been satisfied and the liens are not to be released.


The IRS was able to stop the releases that would have been sent directly to the recording offices from the office in Cincinnati. However, the “Taxpayer Copy” of the release was mailed to taxpayers from the Detroit Print Site. The IRS is following up with a letter to those taxpayers indicating that the Release they received in the mail was erroneous, that the release does not affect the balance due that they owe, and that they should not try to record the document.


Should anyone try to present a “Taxpayer Copy” of a Release of Federal Tax Lien dated August 5, 2007, please do not record the document.


Please call the IRS Small Business/Self-Employed Division’s special line for recording offices (800 913-4170) and inform them of the attempt. The taxpayer may also call and a representative will handle their questions.

The IRS is in the process of identifying those erroneous releases that were sent to taxpayers for liens filed in your county. Any additional information that is received concerning this matter will be passed along as appropriate.


If you have any questions, or if you need any additional information concerning this matter, please call the recorder line at 800 913-4170. Should you have questions regarding the Erroneous Tax Lien Release, please do not hesitate to contact Benchmark Title.

Issued September 27, 2007 by Harold Boxer, Vice President and Senior Agency Counsel, Stewart Title Agency

WEDNESDAY, MARCH 14, 2007
Legal Issues Relating to Home Improvements: The Attorney's Role

Read the memo (PDF)

NEW FORMS FOR 2007

IT-2663

Link to the form

Link to the instructions

TP-584 (NYS) Combined Real Estate Transfer Tax Return, Credit Line Mortgage Certificate, and Certification of Exemption from the Payment of Estimated Personal Income Tax

Link to the form

Link to the REIT form

Town of Warwick Transfer Tax

Link to the form

TUESDAY, OCTOBER 31, 2006
NYS Real Property Tax Amendment
from LandAmerica Lawyers Title

Read the memo (PDF)

Read the Sponsors memo (PDF)

WEDNESDAY, AUGUST 1, 2007
Town of Red Hook
Real Estate Transfer Tax

Read the Code (PDF)

View the Red Hook Transfer Tax Form (PDF)

TUESDAY, MAY 1, 2007
TIRSA Rate Manual - New Title Policies

Read the memo (PDF)

AUGUST 1, 2007

Tirsa Owner’s Extended Policy Protection

Your trust and confidence in Benchmark is of utmost importance to us. That is why we have decided to make the TOEPP (Tirsa Owner’s Extended Policy Protection) our standard issue policy on all residential purchases, effective August 1, 2007.

Read more of our memo in MS Word or PDF.

WEDNESDAY, AUGUST 1, 2007
Village of Mamaroneck Local Law 09-2007:
Removal of Illegal Sewer Connections and
Elimination of Illegal Discharge of Liquids

The Village of Mamaroneck, in response to admonishment by the County of Westchester regarding the failure of the Village to extinguish illegal connections to the public storm and sanitary sewer systems, has passed Local Law 09-2007. Local Law 09-2007 requires that no building on real property situate in the Village of Mamaroneck be occupied unless a discharge compliance certificate has been issued. Upon the sale of real property, a discharge compliance certificate must be obtained before the property subject to the sale is occupied, in whole or in part.

Discharge compliance certificates must be issued before the purchaser of real property may occupy the premises. Certificates are in force until the next transfer of title in connection with the sale of that real property.

A discharge compliance certificate may be issued prior to a transfer of title in connection with the sale of real property. The certificate may also be issued subsequent to the sale of the real property, but the purchaser may not occupy the premises until after the certificate is issued. When a discharge compliance certificate is issued prior to a transfer of title in connection to a sale of real property, the transfer of title must occur within 60 days of the issuing of the certificate. If the transfer of title does not occur within the 60 day period, the certificate will lapse and become null and void.

Multiple dwelling units (apartment buildings, cooperatives or condominium complexes) may appoint an authorized representative who is a certified plumber licensed to do business in the County to conduct an inspection in order to obtain a discharge compliance certificate. Such multiple dwellings must get renewal certificates every five (5) years, but not for every transfer of title of a single unit therein. All multiple dwellings must obtain a discharge compliance certificate on or before August 1, 2007.

This law will become effective immediately upon filing in the Office of the Secretary of State. Filing is expected to occur in July of 2007.

Read the full text of the statute here (PDF).

SUNDAY, APRIL 1, 2007
Warwick (Orange County)
Real Estate Transfer Tax

Read the memo (PDF)

Read the law (PDF)

Link to the form

NOVEMBER 19, 2007
THE PRIVATE WELL-WATER TESTING LAW - Westchester County

On May 23, 2007, the Westchester County Board of Legislators enacted the Private Well-Water Testing Law (Local Law 7 of 2007), which will take effect on November 19, 2007. This law will apply to the sale or lease of any real property where the potable water supply is a private well with less than five (5) service connections.

Important Highlights:

• A “Private well” is defined as an individual water supply system, a private water supply or private water system as defined in Article VII of the Westchester County Sanitary Code.

Sale of Real Property

• The Seller upon signing of a contract of sale, shall have a water test performed at their cost and provide confirmation to the purchaser within ten (10) days of the execution of the contract that test has been ordered from a certified laboratory.
• The Seller will deliver the water testing report to the purchaser within five (5) days of receipt of the water test.
• The Purchaser and Seller shall certify in writing that they have received and reviewed the water test results.
• There are three options in the event that the test discloses a primary water test failure:

• The Seller may correct the condition; or
• The Seller may cancel the contract of sale; or
• The Seller and Purchaser may agree, in writing, that the Purchaser will correct the condition after closing, in which case the Purchaser must correct the condition within sixty days of closing or as soon as practicable.

Leased Property

• The Lessor is required to test the potable water supply from a private well within twelve (12) months after the effective date of this law, or within twelve (12) months from the date property becomes subject to a lease and at least every five years thereafter. If well fails test, the lessor must immediately provide potable water and within sixty (60) days, or as soon as it practicable, remediate or correct the condition.

Water Testing

• Water test shall be conducted in accordance with parameters set forth in Chapter 707

• Only certified laboratories are authorized to conduct the water tests.
• The laboratory must comply with the requirements of this chapter.
• The Law mandates that certified laboratories submit all required test results directly to the Department of Health as well as to the person(s) who requested the test.
• The results of water test, except for coliform results, shall remain valid for one (1) year from the date of sample.
• Coliform results shall remain valid for six (6) months from date of sample.
• No waiver of testing or reporting requirements are allowed.

This memorandum is provided for information only. The issue of well water testing is not related to title and therefore no title objection will be raised regarding same.

Town of East Fishkill & Refinances

As of June 1, 2008, the Town of East Fishkill requires a notarized letter from the lender with all requests for municipal department searches on refinance transactions. Read the full memo here (PDF).

Air Right Lots: Effective 9/1/08

Effective September 1st, 2008, The New York City Office of the City Register will no longer accept partial lots for Air Right documents. Read the full bulletin here.

"Profits and Passions: Christine Gagliardi"

Senior Vice President Christine Gagliardi was recently profiled by the Westchester County Business Journal. Read the full article here.

UCC Filing - Westchester County

We are pleased to advise you that you now have the ability to file UCC's electronically with the Westchester County Clerk. The website is http://ucc.westchesterclerk.com. See the press release from the County Clerk's Office attached. 

We have found this electronic filing system to be simple and it enables you to obtain your filing information within hours of submitting the UCC for filing.  If you would like a demonstration on this system, please let your sales representative know.