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Bargain and Sale Deed With Covenant – A type of special warranty deed that guarantees that the grantor has title rights and hasn’t caused or suffered any encumbrances during their ownership.
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Bargain and Sale Deed Without Covenant – Promises that the grantor has title rights, but does not warrant the title against encumbrances.
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Deed of Trust – Grants property to a third-party trustee to hold as security for a real estate loan received by a borrower from a lender.
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General Warranty Deed – Also known as a “deed with full covenants,” this form includes a guarantee that the grantor is the rightful owner of real property, free from all liens and encumbrances.
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Quit Claim Deed – Conveys the grantor’s interest in real estate with no warranties or covenants to protect the property title.
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Transfer on Death Deed (TODD) – Names a beneficiary to receive the grantor’s property after their death.
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Laws & Requirements
- Statutes: Real Property (RPP) Ch. 50, Art. 8 & Art. 9
- Formatting: No state-wide standards. Individuals can contact their County Clerk or City Register for local requirements.
- Signing Requirements (§ 306): Notary Public
- Where to Record (§ 291): County Clerk or City Register (Outside NYC – Inside NYC)
- Online filing is available for Staten Island and all other NYC boroughs.
- Recording Fees: Fees vary depending on the county and the number of pages recorded (generally around $40-$50 total).
- Forms:
- RP-5217-PDF – For property transfers outside New York City.
- RP-5217NYC – For property transfers inside New York City.
- Form IT-2663 – Required if the grantor is not a resident of New York State.
- Form TP-584 – Used to pay the transfer tax on properties outside New York City.
- Form TP-584-NYC – Used to pay the transfer tax on properties inside New York City.
- Endorsement Cover Sheet – Required in some counties (obtained from County Clerk or City Register).
- Property Disclosure Statement (§ 462) – Required if transferring ownership of residential property.