If an exemption is claimed for the Mortgage Tax, the mortgage must be accompanied by two affidavits, an original and one copy. The Special Additional Tax is paid by the lender. The Basic Tax and the Additional Tax are paid by the borrower. The Mortgage in Erie County is 1 % of the mortgage amount and can be computed by calculating 1% of the total mortgage amount, less $25 where the real property consists of a 1- or 2-family dwelling. The New York State Mortgage Tax is due at the time of recording.Recording of the mortgage costs $45.00 (includes cover page) plus $5.00 per written side of page or portion of page.The following fees apply to these transaction: On the _ day of _, in the year _, before me, the undersigned, a notary public in and for said state, personally appeared _, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Please note that all acknowledgments require the following Uniform Certificate of Acknowledgment, and must include a recitation of venue (the state and county in which the document was executed and notarized): The document must include a legal description of the property that is intended to secure the payment of the mortgage. To record a mortgage, an original mortgage document must be prepared, signed and notarized. Failure to provide completed documents and forms will result in your documents being rejected. Nor can our office assist in filling out any legal forms. Even if a correctable defect or deficiency is discovered, the staff cannot change, alter, add to or eliminate any content of documents presented. It is the policy of the Erie County Clerk's Office to examine documents for recording and determine that the document is in recordable format.
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