It is the policy of the Erie County Clerk's Office to examine documents for recording and determine that the document is in recordable format. Even if a correctable defect or deficiency is discovered, the staff cannot change, alter, add to or eliminate any content of documents presented. Nor can our office assist in filling out any legal forms. Acceptance of your document for recording is no guarantee of the legal sufficiency of the document. You may wish to consult with an attorney before you complete your transaction.
An original deed form must be completed, signed and notarized; all signatures must be original. You may wish to consult your attorney for assistance and/or to obtain a deed form. Forms can also be purchased at many legal supply stores or through the internet. The deed form must comply with New York requirements for the form of a deed, which include, but are not limited to: a legal description of the property and the names and addresses (P.O. Boxes are unacceptable) of all parties on the document. Please note that all acknowledgments require the following Uniform Certificate of Acknowledgment, as well as a venue (the state and county in which the deed is acknowledged):
On the __day of _____, in the year , before me, the undersigned, personally appeared ___________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. ______________________________________
And must be notarized by a Notary qualified in New York or another state, and if notarized in a foreign country other than Canada, must include a certificate of authentication or a certificate that the acknowledgment conforms to the laws of the state in which the deed was acknowledged.
A "TP584 Tax Affidavit" must be completed and signed. The form is available in the Clerk's Office or can be downloaded from: http://www.tax.ny.gov/pdf/current_forms/property/tp584_fill_in.pdf
Instructions for TP-584 from NYS Tax:
A "Real Property Transfer Report" (RP 5217) form must be completed and signed. This form may be downloaded by clicking here.
Please note that each Real Property Transfer Report (RP 5217) MUST be prepared by going to the link above, or directly to the New York Department of Taxation and Finance, and may not be saved to your computer for use on another transaction. The form contains a “bar code” to which particular information regarding the specific transaction is embedded for retrieval by the New York State Office of Real Property Services.
Instructions for completing the RP-5217 from NYS Office of Real Property Services:
The following fees apply to the recording of a deed:
Statutory Recording Fee
Per written side of page or portion of page
$5.00 per page
To file Form TP-584 (NYS Transfer Tax form)
(To calculate NYS Transfer tax, see below)
To file RP-5217 (Real Property Transfer Report)
• For residential or farm property:
• For all other properties:
- The seller is responsible for the New York State and the Erie County Transfer Tax due at the time of filing. The rate is a total of $4.50 per $500 of consideration [The New York State portion or the rate is $2.00; the Erie County portion is $2.50]. The TP584 Tax Affidavit is required to be filed in duplicate.
- Senior Citizen Reduction:
- A reduction in the transfer tax from $4.50 per five hundred dollars to $2.00 per $500 is available to senior citizens aged 62 or older who own and occupy the property, which must be a one or two family dwelling, for at least one year prior to the sale. Affidavits are available at no fee in the County Clerk's office to claim this exemption or by clicking on the link below:
- A 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.
The original deed will be recorded in our office and mailed back to you once the indexing information has been verified.