New York > Statewide > Real Estate > Title > Transfer And Mortgage Recording Tax
Affidavit Claiming Exemption From Mortgage Tax Aggregation When Mortgagor-Borrower Is Individual - New York
| Affidavit Claiming Exemption From Mortgage Tax Aggregation When Mortgagor-Borrower Is Individual Form. This is a New York form and can be used in Transfer And Mortgage Recording Tax Title Real Estate Statewide . |
|
||||||
 Get this form for FREE as a print-only pdf |
|||||||
|
Affidavit Claiming Exemption from Mortgage Tax Aggregation When Mortgagor/Borrower is an Individual State of County of ) ) ss: , being duly sworn, deposes and states that: ("New Mortgage") in the 1. I am a/the mortgagor/borrower of the mortgage dated made to (insert name of mortgagee/ principal amount of lender of New Mortgage) on property with the address of (the County, "Property"), identified on the tax map of the City of New York as , Lot . Said mortgage is being submitted for recording in the Block County. Office of the City Register, City of New York, in 2. Within the last twelve months there was recorded against the Property a mortgage dated made by the ("Prior Mortgage") in the principal amount of mortgagor/borrower of the New Mortgage or a "related" mortgagor/borrower, as defined in Tax Law (insert §253-a(2)(b) (see below definition), to name of mortgagee/lender of Prior Mortgage), which Prior Mortgage was recorded on . as CRFN 3. The Prior Mortgage has been paid and satisfied and a Satisfaction of the Prior Mortgage has County and are therefore been requested for recording in the Office of the Register, not part of the same or related transaction. 4. Affiant therefore respectfully requests that the New Mortgage and Prior Mortgage not be subject to aggregation for purposes of determining the applicable rate of mortgage recording tax. Sworn to before me this day of , 20 "Related" Mortgagors as defined by Tax Law § 253-a(2)(b) The term related, when used with reference to mortgagors, shall include but not be limited to: (i) members of a family, including spouses, ancestors, lineal descendants, and brothers and sisters (whether by whole or half blood); (ii) a shareholder and a corporation where more than 50% of the value of the outstanding stock of such corporation is owned or controlled directly or indirectly by such shareholder; (iii) a partner and a partnership where more than 50% of the capital or profits in such partnership is owned and controlled directly or indirectly by such partner; (iv) a beneficiary and a trust where more than fifty percent of the beneficial interest in such trust is owned and controlled directly or indirectly by such beneficiary; (v) two or more corporations, partnerships, associations, or trusts, or any combination thereof, which are owned or controlled, either directly or indirectly, by the same person, corporation or other entity, or interests; and (vi) a grantor of a trust and the trust. 10/12/2005 American LegalNet, Inc. www.FormsWorkFlow.com
|
|||||||
