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Additional Recording Fee – Real Property Law Section 291

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Additional Recording Fee – Real Property Law Section 291

Effective March 11, 2020 there will be a $10 fee added to all Residential deed recordings.

On January 11, 2020 Governor Cuomo signed an amendment to Real Property Law Section 291 that requires the County Clerk to notify the owner of record of residential real property when a document is recorded affecting the property. The law allows a reasonable fee to be assessed for said notices.

The New York State Association of County Clerks has determined that a fee of $10 per document is reasonable and will be charged on all residential conveyances in New York State which are dated March 11, 2020.

Please note, the law is not clear on whether the term “Conveyance” includes the recording of a mortgage document in addition to a deed, and we do not have clarification at this time. Different County Clerks are applying differing interpretations. Additionally, please be aware that $10 is suggested, not mandatory, and fees may differ from County to County. However, most Clerks we have spoken to will be charging the $10.

The text of the bill can be found at: https://www.nysenate.gov/legislation/bills/2019/s5372