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The County Clerk is responsible for recording and maintaining real property records in Clinton County.
Recording Fees
To record a deed, the fee is $40 plus $5 per page.
A required cover page is added for $5.
Any required Real Estate Transfer tax is due at the time of recording.
A mortgage is $40 to record plus $5 per page (plus cover page fee). The mortgage tax is 1% of the purchase price.
The TP 584 has a filing fee of $5.
The RP 5217 has a filing fee of $125 for most residential and agricultural properties. The fee is $250 for all others.
Copies are $.65 cents a page with a $1.30 minimum. A certified copy is $1.25 a page with a $5 minimum.
Document Formatting Requirements
All documents in Clinton County require a cover page, which is generated at the County Clerk's office. This should be counted as a page in the recording fees.
* Instruments must be written in the English language, or be accompanied by an accurate translation.
* A valid notary acknowledgment must be present on all documents being presented for recording. If the document was acknowledged within the state of New York, an all-purpose acknowledgment must be completed, including the venue and notary's expiration date. For acknowledgments outside of the state of New York, refer to NYS Real Property Law, section 309-b.
* All signatures must be complete and legible.
* The date of execution must be shown on a deed presented for recording.
* Use black ink and a font size of at least 10 point throughout the document so that it is legible and suitable for scanning and microfilming. Use white paper measuring at least 8.5 x 11 inches.
* All section, block, lot, and unit numbers are required on the first page of all submitted documents. Check the current tax bill for complete information. A complete legal description is required.
* Provide the names and addresses of all parties involved (grantors and grantees). Provide a complete street address, not a post office box. The signatures and acknowledgments should match the names in the document.
* Include a "record and return to" address.
* If submitting a document for re-recording, the reason for re-recording must be noted on the first page. The original document must be attached.
* A new notary and acknowledgment is needed for re-recorded documents.
TRANSFER TAX AFFIDAVIT (TP-584)
A Transfer Tax Affidavit (TP-584) must be filed for each conveyance of real property from a grantor/transferor to grantee/transferee. This affidavit should be filed with the county clerk no later than the fifteenth day after the delivery of the instrument affecting the conveyance. To obtain a blank Transfer Tax Affidavit (TP-584), visit the New York State Department of Taxation and Finance website.
In Schedule C of the TP-584, the amount of consideration must be filled in (even if it is zero) and the transfer tax computed at $5 per $1,000.
The TP-584 must have at least one signature on the back.
If the form is signed by a Power of Attorney, a copy of the POA must be attached.
REAL PROPERTY TRANSFER REPORT 5217
The RP-5217 Real Property Transfer Report is used to document information associated with all real property transfers within New York State, except for New York City transfers. An original RP-5217 form must accompany all deeds and correction deeds upon filing. A filing fee will apply to this form. The RP-5217 cannot be submitted online. Original forms are available at the county recorder's office or can be ordered online. For online ordering information, visit the New York State Department of Taxation and Finance website.
The buyer's and seller's signatures, not an attorney's signature, are required, but if the property is taken by tax foreclosure, involuntary proceeding, or eminent domain, it can be filed with only one signature.
NONRESIDENT REAL PROPERTY ESTIMATED INCOME TAX PAYMENT FORM (IT-2663)
Submit a completed IT-2663 form with full payment of estimated tax due, if any, to the recording officer at the time a deed is presented for recording. Do not mail the form to the Tax Department.