N.Y. Comp. Codes R. & Regs. tit. 20 § 650.1

Current through Register Vol. 46, No. 25, June 18, 2024

Section 650.1 - Payment of taxes on instruments not entitled to be recorded

Tax Law, § 258-a

(a) An instrument subject to the taxes described in Part 642 of this Title, but which is not entitled to be recorded, may nevertheless be presented to the recording officer of the county in which the real property or any part thereof affected by such instrument is situated and the taxes described in Part 642 of this Title may be paid to such recording officer.

(b) When an instrument subject to the taxes described in Part 642 of this Title, but not entitled to be recorded, is presented to the recording officer of the county in which the real property or any part thereof affected by such instrument is situated and the appropriate taxes are paid to such recording officer, the recording officer shall:

(1) indorse upon the instrument a receipt of the amount of taxes so paid; and

(2) keep a copy of the instrument among the mortgage recording tax records maintained by such recording officer.

(c) The filing of an instrument not entitled to be recorded and payment of the appropriate mortgage recording taxes on such instrument shall have the same force and effect, so far as article 11 of the Tax Law is concerned, as if such instrument had been duly recorded and the taxes paid.

N.Y. Comp. Codes R. & Regs. Tit. 20 § 650.1