All fees related to a recording must be made payable to the "Erie County Clerk". Payments may be made in the form of cash, check, money order, cashier check or credit card. We accept payment of fees by Visa, MasterCard, or Discover.
The following is a current Land Records fee schedule for the Office of the Erie County Clerk:
Recording a Deed
| Statutory Recording Fee | $45.00 |
| Per written side of page | $5.00 per page |
| To file Form TP-584 (NYS Transfer Tax form) (To calculate NYS Transfer tax, see below) | $10.00 |
| To file RP-5217 (Real Property Transfer Report) • For residential or farm property: Be sure Box 7A, 7B or 7E is checked or
• For all other properties: | $125.00 $250.00 |
Illustration: To record a three page deed for a residential property, the fee is $195.00
Recording a Mortgage
| Statutory Recording Fee | $45.00 |
| Per written side of page | $5.00 per page |
| For cross-referencing each mortgage | $.50 each |
| Mortgage Tax Affidavit | $5.00 |
| NYS Mortgage Tax | see below |
Illustration: To record a 30 page mortgage which does not require an Affidavit of Mortgage, the fee is $195.00
Discharge of Mortgage (a/k/a Satisfaction of Mortgage)
| Statutory Recording Fee | $45.00 |
| Per written side of page | $5.00 per page |
| For each cross reference (mortgage, consolidated mortgages, correcting mortgages) | $.50 each* |
| Illustration: The fee to record a one page Discharge of Mortgage with no assignments or other instruments except for the mortgage is $50.50. | |
*Note that each mortgage (recited in satisfaction instrument) constitutes one cross reference e.g., if three (3) mortgages (recited in satisfaction instrument) have been assigned and consolidated by one instrument, then three (3) cross references will be charged. ($1.50 in addition to Recording Fee)
Assignment of Mortgage
| Statutory Recording Fee | $45.00 |
| Per written side of page | $5.00 |
| For cross-referencing the first mortgage | $.50 |
| For cross-referencing each additional mortgage | $3.50 |
Liens
| Hospital Lien | $5.00 |
| Mechanic's Lien | $15.00 |
| Mechanic's Lien, Affidavit of Service | $5.00 |
| Mechanic's Lien, Discharge/Cancellation by Bond | $8.00 |
| Broker's Lien | $15.00 |
Maps
| To File a map (per sheet) | $10.00 |
| Cross-Reference fee: | $.50 per link |
| Map Copy (to scale) | $5.00 plus $3.50 for mailing if requested |
NYS and Erie County Transfer Tax
Transfer tax in Erie County is a total of $4.50 per $500.00 of consideration. This amount is broken down by New York State portion of $2.00 and Erie County portion of $2.50. Consideration must be rounded up to the nearest $500.00. For example, if the purchase price for a home is $104,501.00, NYS transfer tax will be $420.00 and Erie County transfer tax will be $525.00 for a total Transfer Tax due of $945.00. This must be paid at the time the deed is presented for recording.
The seller is responsible for the New York State and the Erie County Transfer Tax. Please note that in some instances relating to the transfer of previously unimproved property upon which a residence has been constructed, the transfer may be exempt from the Erie County portion of the rate. Please check with the Clerk’s Office for details. Senior Citizen Exemption is a reduction in the transfer tax from $4.50 per $500.00 to $2.00 per $500.00. This is available to senior citizens aged 62 or older who own and occupy the property for at least one year. The property must be a one-two family dwelling. Affidavits are available at no fee in the Erie County Clerk’s office to claim this exemption or on our Forms page.
NYS Mansion Tax
Mansion Tax is imposed on each conveyance of residential real property when the consideration for the entire conveyance is one million dollars or more and the premises is being used in whole or in part as a one, two or three family house, or a condominium. The tax rate is one percent of the consideration. (check with Jan/Lance re: dwelling type)
NYS Mortgage Tax
Mortgage tax can be computed by calculating 1% of the mortgage amount less $25.00 for one or two family dwellings. The 1% tax is divided as follows: Basic Tax = 0.5% Additional Tax = 0.25% (minus $25.00 if the property is a 1-2 family dwelling); Special Additional Tax = 0.25%. Basic and Additional Taxes are paid by the borrower and Special Additional Tax is paid by the lender.
If an exemption is claimed for the Mortgage Tax, the mortgage must be accompanied by two affidavits, an original and one copy. The affidavits should state the exemption and must be signed and notarized. Exemptions apply to federal credit unions and privately held mortgages, where the exemption is for 0.25%, and to government agencies where the exemption is for the entire 1%.
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