New York Quit Claim Deed Form
In many respects, a New York Quit Claim Deed is similar to a Warranty and Grant Deed. These legal documents can all be used to process a transfer of property interest. However, a Quit Claim Deed is distinguished by its inability to provide any title guarantees to the receiving party (the “Grantee”). Nor can it offer any recourse if there are any problems that eventuate with the title offered by the transferring party (the “Grantor”). This can be considered a benefit rather than a shortcoming if the form is used by parties who are already closely acquainted and have already performed a title search. The reason being is that the lower standard of proof makes the entire process—from creating to executing it—comparatively more streamlined.
Laws: New York Laws, RPP: “Real Property,”Article 8: “(Real Property): Conveyances and Mortgages”
County requirements: While not stated in state law, New York’s counties impose particular requirements that must be upheld when filing legal forms such as Quit Claim Deeds. In addition to mandatory inclusions that must appear in the Deed, a county may specify features such as the size of the lettering and paper.
As failure to comply with these requirements will likely result in the form being rejected for filing at the County Clerk’s office, it is advisable to consult the website of the county where the property is situated to read up on any county-specific instructions.
Recording and Endorsement Page/Cover Page: The majority of counties in the state of New York have made it mandatory to use a “cover page” when filing the Deed with the respective county office. The cover page is referred to by different names in different counties, although it is usually referred to as a “Cover Page,” “Recording Page,” or “Recording and Endorsement Page.”
Some counties, such as Suffolk County, allow for the page to be prepared beforehand. Whereas other counties, such as Clinton County, will generate the page at the time of filing. It should be kept in mind that a fee will likely be charged for the Cover Page. Most counties will list any fees associated with the Cover Page (as well as any other relevant fees) on their county’s website.
Statutory form (NY Real Prop L § 258 (SCHEDULE G)): Form D provides a statutory form for a Quit Claim Deed that may be used in the state of New York.
Tenancy types for two (2) or more individuals (NY Est Pow & Trusts L § 6-2.1 and NY Est Pow & Trusts L § 6-2.2): Unless there is a statement to the contrary in the Quit Claim Deed form, the following tenancy types for two (2) or more individuals will apply:
- A married couple who executes the form will create a tenancy by entirety, and
- Two (2) or more individuals who execute the form will create a tenancy in common.
Signing requirements (NY Real Prop L § 306): State law details that the only signing requirement for a Quit Claim Deed is for it to be signed by the Grantor, who must acknowledge the form before a Notary Public in the state.
How to file a Quit Claim Deed in New York (NY Real Prop L § 291): To file a Quit Claim Deed in New York, it must be presented to the County Clerk’s Office for recording in the county the real estate is situated. Each county in the state imposes its own recording fees as well as other fees and taxes. It is advised that these are looked up on the respective county’s website prior to scheduling an appointment to file the Deed.
It is also strongly advised that this process is completed in an efficient manner, as New York observes a “race-notice recording statute” (NY Real Prop L § 291). That is, if two parties have a conveyance for the same property, the party who records their conveyance first will be authorized to keep their property claim. The system rewards thus rewards parties who record their conveyances in the public records as doing so provides notice of the conveyances to anyone searching through such records.
This explains why this statute is known as a race-notice statute; the party who first records a property conveyance will win the race to provide notice.
Additional mandatory forms: According to NY Real Prop L § 333(1-e), the Quit Claim Deed must be “accompanied by a transfer report form prescribed by the commissioner of taxation and finance.” There are two (2) forms that must be filed; Form TP-584 and RP- 5217-PDF (for all counties except NYC) or RP – 5217NYC (for NYC). Filing fees will apply; the New York State Department of Taxation and Finance states that the filing fee for Form RP-5217 is one hundred and twenty-five dollars ($125.00).
Furthermore, any parties who make a property transfer as a gift must also file Form 709. If the transferor/seller (i.e., the Grantor) is a non-resident of the State of New York, per Section 663 of New York’s tax laws, they are also required to file Form IT-2663.
The following table provides these additional mandatory forms that need to be filed for a New York Quit Claim Deed to be put into effect:
New York Quit Claim Deed: Additional Mandatory Forms
|County / City / Other||Form||Additional information||Online filing|
|All counties||Form TP-584: Combined Real Estate Transfer Tax Return, Credit Line Mortgage Certificate, and Certification of Exemption from the Payment of Estimated Personal Income Tax||Instructions||n/a|
|All counties except the boroughs of New York City||RP- 5217-PDF: Real Property Transfer Report||Instructions||n/a|
|Only New York City||RP - 5217NYC: Real Property Transfer Report||Instructions||Online filing|
|All counties: Use if the transfer is a gift||Form 709: United States Gift (and Generation-Skipping Transfer) Tax Return||Instructions||n/a|
|File if the Grantor is a non-resident of the State of New York||Form IT-2663: Nonresident Real Property Estimated Income Tax Payment Form.||Instructions||n/a|