How to Record a Mortgage
To record a mortgage, you must have the original mortgage document completed, signed and notarized. The document should have a legal description of the property.
The mortgage costs $45.00, plus $5.00 per page, to record. Documents submitted for recording MUST be accompanied by a self-addressed stamped envelope ("SASE") for return of the original document. The address on the envelope should match any "Record and Return" notation on the document itself. Originals not accompanied by such a "SASE" will NOT be returned but will be disposed of in accordance with the law. (Originals submitted without a SASE will also be returned to you if you complete this form and mail or send the form to the County Clerk's office with your check for $1.00 payable to "Albany County Clerk." Please allow six weeks for processing.)
The NYS Mortgage Tax is due at the time of recording. The mortgage tax in Albany County is 1.25% of the mortgage amount. It is broken down into three separate taxes as follows:
- Basic Tax = .50%
- CDTA Tax = .25% (minus $25.00 if the property is a 1 or 2 family dwelling)
- Special Additional Tax = .25%
- County Mortgage Tax = .25%
The total mortgage tax in Albany County effective 11/1/2005 is 1.25%.
The Basic Tax and the CDTA 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. They should state the exemption and should be signed and notarized. The fee to file the affidavits is $5.00.