Herkimer County Bargain and Sale Deed Without Covenants Form (New York)
All Herkimer County specific forms and documents listed below are included in your immediate download package:
Bargain and Sale Deed without Covenants Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Herkimer County compliant document last validated/updated 6/6/2024
Bargain and Sale Deed Without Covenants Guide
Line by line guide explaining every blank on the form.
Included Herkimer County compliant document last validated/updated 9/16/2024
Completed Example of the Bargain and Sale Deed without Covenants Document
Example of a properly completed form for reference.
Included Herkimer County compliant document last validated/updated 5/17/2024
The following New York and Herkimer County supplemental forms are included as a courtesy with your order:
When using these Bargain and Sale Deed Without Covenants forms, the subject real estate must be physically located in Herkimer County. The executed documents should then be recorded in the following office:
Herkimer County Clerk
109 Mary St, Suite 1111, Herkimer, New York 13350
Hours: Monday - Friday 9am to 4:45pm / Summer: 8:30am to 3:45pm
Phone: (315) 867-1133 (Recording) & 867-1338 (Record Room)
Local jurisdictions located in Herkimer County include:
- Cold Brook
- Dolgeville
- Eagle Bay
- Frankfort
- Herkimer
- Ilion
- Jordanville
- Little Falls
- Middleville
- Mohawk
- Newport
- Old Forge
- Poland
- Salisbury Center
- Thendara
- Van Hornesville
- West Winfield
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Herkimer County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Herkimer County using our eRecording service.
Are these forms guaranteed to be recordable in Herkimer County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Herkimer County including margin requirements, content requirements, font and font size requirements.
Can the Bargain and Sale Deed Without Covenants forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Herkimer County that you need to transfer you would only need to order our forms once for all of your properties in Herkimer County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by New York or Herkimer County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Herkimer County Bargain and Sale Deed Without Covenants forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
In New York, title to real property can be transferred from one party to another by executing a bargain and sale deed without covenant against grantor. This type of deed is statutory under NY Real Prop. Law Section 258 Statutory Form B. A bargain and sale deed without covenant conveys whatever interest the grantor holds in the property at the time of execution (NY Real Prop. Law Section 258 (Statutory Form B)).
There are two types of bargain and sale deeds in New York. One type contains a specific covenant against grantor's acts, while the other does not. Bargain and sale deeds without covenant do not guarantee that the property conveyed is without encumbrances made by the grantor. Bargain and sale deeds provide less surety than a deed with full covenants (Statutory Form A), which offers the fullest surety of title because its warranty covers the entire chain of title, even preceding the time the grantor owned the property. Bargain and sale deeds differ from quitclaim deeds in that they imply that the grantor held or holds an interest in the property being conveyed.
A lawful bargain and sale deed without covenant meets all state and local standards for recorded documents, including the grantor's full name, mailing address, and marital status; the consideration given for the transfer; and the grantee's full name, mailing address, marital status, and vesting. Vesting describes how the grantee holds title to the property. Generally, real property is owned in either sole ownership or in co-ownership.
For New York residential property, the primary methods for holding title are tenancy in common, joint tenancy, and tenancy by entirety. A grant of ownership of real estate to two or more unmarried persons is presumed to create a tenancy in common, unless a joint tenancy is expressly declared. In the case of married persons, a tenancy by entirety is presumed, unless a joint tenancy or tenancy in common is expressly declared (E.P.T. Law Sections 6-2.1, 6-2.2).
As with any conveyance of realty, this deed requires a complete legal description of the parcel, including the section, block, lot, and unit numbers. Recite the prior deed reference to maintain a clear chain of title, and detail any restrictions associated with the property.
Sign the deed in the presence of a notary public or other authorized official. For a valid transfer, record the deed at the county clerk's office in the county where the property is located. Contact the same office to confirm accepted forms of payment. Most counties in New York require a recording page to accompany all documents for recording. This cover page is available on the local county clerk's website, and it factors into the total page count when calculating recording fees.
In New York, the real estate transfer tax is due at the time of recording. File Form TP-584 (Combined Real Estate Transfer Tax Return) with the appropriate county clerk (TAX Law 31-D-1449-EE(2)(d)). Non-residents of New York State must also file an IT-266 Tax Form (Non-Resident Real Property Estimated Income Tax Payment Form) (TAX Law 22-663).
Pursuant to R.P.P. Law 9-333.3, a Real Property Transfer Report is required to accompany all conveyances, excluding deeds of oil and gas or mineral rights. Use Form RP-5217-NYC for real property transfers within the five boroughs of New York City, and use Form RP-5217 for real property transfers in all other counties. Contact the local county clerk's office to confirm the specific local requirements.
This article is provided for informational purposes only and is not a substitute for legal advice. Speak to an attorney with questions related to bargain and sale deeds without covenant, or for any other issues related to transfers of real property in New York.
(New York BSD without Covenants Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Herkimer County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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Get your Herkimer County Bargain and Sale Deed Without Covenants form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
4.8 out of 5 - ( 4399 Reviews )
Felincia L.
September 28th, 2024
The process was fast and efficient. I did get a bit confused after entering info for my package but soon realized I had completed this part of the process and only needed to leave the page and wait for review of the document and then the invoice. It was pretty simple. After payment of the invoice I was notified that the document had been submitted. A few hours later I received notice that the document was recorded by the city. It was fast!
We are motivated by your feedback to continue delivering excellence. Thank you!
HEATHER M.
September 27th, 2024
The guide I needed was very easy to understand and the template was easy to complete. I had a property attorney review the deed before I had it registered and she was impressed. She said she couldn't have written it better herself! Definitely worth the money instead of paying high dollar attorney fees for a simple task.
Your feedback is greatly appreciated. Thank you for taking the time to share your experience!
Linda D.
September 23rd, 2024
very efficient and easy to use online platform. I reviewed several different sites before I settle on this one. Took my deed to the courthouse today and recorded it with no problems.
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Beverly D.
January 12th, 2021
Thank You, Job well done. So nice not to have to leave house and drive all over to record these documents. Very satisfied.
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Dorothy B.
November 4th, 2020
Love your deed service. Simple and easy.
Thank you!
Wayne T.
February 2nd, 2021
I was skeptical when I first came upon this website. Not sure why I had such a negative feeling, but after I received the printed deed I felt relieved and completely satisfied. This is a great website for everyone who wouldn't want to retrieve their deed in person and worth the reasonable fee.
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Maricela N.
May 5th, 2021
very easy and quick to get all the forms needed! Thank you!
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Maria S.
February 26th, 2021
The website made it very easy to navigate and order what I needed. Thank you.
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FRANCIS P.
July 17th, 2022
Finding what I needed was easy. The payment process was easy. Using what I found was easy. Easy-peasy and GREAT results. Professional and succinct all for the price of a steak dinner. I'll be back to DEEDS.COM when I need any paperwork/forms related to deeds.
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Misty M.
April 14th, 2021
I appreciate the Guide and the Sample pages.
Thank you!
A. S.
February 27th, 2019
First, I am glad that you gave a blank copy, an example copy, and a 'guide'. It made it much easier to do. Overall I was very happy with your products and organization... however, things got pretty confusing and I have a pretty 'serious' law background in Real Estate and Civil law. With that said, I spent about 10+ hours getting my work done, using the Deed of Trust and Promissory note from you and there were a few problems: First, it would be FANTASTIC if you actually aligned your guide to actually match the Deed or Promissory Note. What I mean is that if the Deed says 'section (E)' then your guide shouldn't be 'randomly' numbered as 1,2,3, for advice/instructions, but should EXACTLY match 'section (E)'. Some places you have to 'hunt' for what you are looking for, and if you did it based on my suggestion, you wouldn't need to 'hunt' and it would avoid confusion. 2nd: This one really 'hurt'... you had something called the 'Deed of Trust Master Form' yet you had basically no information on what it was or how to use it. The only information you had was a small section at the top of the 'Short Form Deed of Trust Guide'. Holy Cow, was that 'section' super confusing. I still don't know if I did it correctly, but your guide says only put a return address on it and leave the rest of the 16 or so page Deed of Trust beneath it blank... and then include your 'Deed of Trust' (I had to assume the short form deed that I had just created) as part of it. I had to assume that I had to print off the entire 17 page or so title page and blank deed. I also had to assume that the promissory note was supposed to be EXHIBIT A or B on the Short Form Deed. It would be great if someone would take a serious look at that short section in your 'Short Form Deed of Trust Guide' and realize that those of us using your products are seriously turning this into a county clerk to file and that most of us, probably already have a property that has an existing Deed... or at least can find one in the county records if necessary... and make sure that you make a distinction between the Deed for the property that already exists, versus the Deed of Trust and Promissory note that we are trying to file. Thanks.
Thank you for your feedback. We'll have staff review the document for clarity. Have a great day!
Patricia C.
February 6th, 2020
They had exactly what I was looking for. Easy to follow instructions and very helpful.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
john t.
November 1st, 2019
it worked well and printed out well.
Thank you!
Maria S.
January 10th, 2019
The paperwork/forms are fine, but there isn't enough explanation for me to figure out how to file the extra forms (which I do need in my case). The main form, Deed Upon Death is fine. I think the price is pretty high for these forms. I wouldn't have purchased it because there are places to get them for much cheaper (about 6 dollars), but this site had the extra forms I wanted (property in a trust and another form). Unfortunately these were included as a "courtesy" and there are no instructions for them. So three stars for being clear about what was in the package, having the right forms that I need, but instructions for putting them to use and price took a couple of stars off. Downloading was easy and once you download you can type the info into the PDF--that makes working with the forms much easier.
Thank you for the feedback Maria. Regarding the supplement documents, it is best to get assistance from the agency that requires them. These are not legal documents, they should provide full support and guidance for them.
Sarah H.
December 11th, 2020
Very helpful and great price
Thank you!