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The County Clerk is responsible for recording and maintaining real property records in Montgomery County.
Recording Fees
$5 per page plus $45 (includes cover sheet generated by county)
If more than two names are indexed on a document, the fee is $0.50 each.
A capital gains tax affidavit TP-584 is $5.
A real property transfer report RP-5217 is $125 for residential and qualifying farm property; the fee is $250 for commercial property.
The real estate transfer tax is $4 per $1,000 of consideration.
Mortgage tax: 3/4 of 1%
Mortgage tax affidavits (in duplicate): $5.00
Copies of recorded or filed documents are $0.25 a page. If prepared by the county clerk's office, the copies are $1 per page. To have a prepared and certified copy, the fee is $4 plus $1 per document page.
A self-addressed stamped envelope should be provided for the return of documents. Checks or money orders can be made payable to the Montgomery County Clerk. If the instrument presented for recording is not legible, the County Clerk may require that a legible copy be submitted along with the illegible copy. This will be charged as additional pages.
Document Formatting Requirements
All instruments must be, in their entirety, in the English language. The document must also be legible in order to be recorded. For this purpose, use black ink throughout the document.
The date of execution must be shown on a deed presented for recording.
The grantor must sign the document and have his signature acknowledged.
The names and addresses of both parties must be set forth in the deed. The signatures and acknowledgments should match the names given in the document.
A complete legal description of the real property is required. All section, block, lot, and unit numbers pertaining to the property should be on the first page. Check the current tax bill for the property for complete information.
The consideration paid for the property should be listed in the granting clause.
Include a name and address of the person to whom the document should be returned after recording.
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 form should be filed with the county clerk no later than the fifteenth day after the delivery of the instrument affecting the conveyance. This form can be obtained from 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.