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. Failure to provide completed documents and forms will result in your documents being rejected.
To record a mortgage, an original mortgage document must be prepared, signed and notarized. The document must include a legal description of the property that is intended to secure the payment of the mortgage. Please note that all acknowledgments require the following Uniform Certificate of Acknowledgment, and must include a recitation of venue (the state and county in which the document was executed and notarized):
On the _______ day of ____________, in the year ______, before me, the undersigned, a notary public in and for said state, 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.
The following fees apply to these transaction:
- Recording of the mortgage costs $45.00 (includes cover page) plus $5.00 per written side of page or portion of page.
- The New York State Mortgage Tax is due at the time of recording.
The Mortgage in Erie County is 1 % of the mortgage amount and can be computed by calculating 1% of the total mortgage amount, less $25 where the real property consists of a 1- or 2-family dwelling.
The 1% is divided as follows:
Basic Tax = 0.50%;
Additional Tax = 0.25%;
Special Additional Tax = 0.25%.
The Basic Tax and the Additional Tax are paid by the borrower. The Special Additional Tax is paid by the lender.
- If an exemption is claimed for the Mortgage Tax, the mortgage must be accompanied by two affidavits, an original and one copy. The affidavits should state the basis for the exemption, and must be signed and notarized. The fee to file the affidavits is $5.00. If a party is exempt, the other party may be obligated to pay the entire amount of the tax.
The original mortgage will be recorded in our office and mailed back to the lender once the indexing information has been verified.