N.Y. Real Prop. Law § 258

Current through 2024 NY Law Chapter 456

Section 258 - Short forms of deeds and mortgages

The use of the following forms of instruments for the conveyance and mortgage of real property is lawful, but this section does not prevent or invalidate the use of other forms:

SCHEDULE A.

DEED WITH FULL COVENANTS. Statutory Form A. (Individual)

This indenture, made the ...... day of ........ nineteen hundred and ......, between ............. (insert residence) party of the first part, and .............. (insert residence) party of the second part,

Witnesseth, that the party of the first part, in consideration of ............ dollars, lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, ........... and assigns forever, all ......... (description), together with the appurtenances and all the estate and rights of the party of the first part in and to said premises,

To have and to hold the premises herein granted unto the party of the second part, ............ and assigns forever. And said ............ covenants as follows:

First. That said ............ is seized of said premises in fee simple, and has good right to convey the same;

Second. That the party of the second part shall quietly enjoy the said premises;

Third. That the said premises are free from incumbrances;

Fourth. That the party of the first part will execute or procure any further necessary assurance of the title to said premises;

Fifth. That said ............ will forever warrant the title to said premises.

In witness whereof, the party of the first part has hereunto set his hand and seal the day and year first above written.

In presence of:

SCHEDULE B.

DEED WITH FULL COVENANTS. Statutory Form AA. (Corporation)

This indenture, made the ...... day of ..........., nineteen hundred and ............., between ............, a corporation organized under the laws of ........, party of the first part, and ................ (insert residence), party of the second part:

Witnesseth, that the party of the first part, in consideration of .......... dollars, lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, ............ and assigns forever, all ............ (description), together with the appurtenances and all the estate and rights of the party of the first part in and to said premises,

To have and to hold the premises herein granted unto the party of the second part, ............ and assigns forever. And the party of the first part covenants as follows:

First. That the party of the first part is seized of the said premises in fee simple, and has good right to convey the same;

Second. That the party of the second part shall quietly enjoy the said premises;

Third. That the said premises are free from incumbrances;

Fourth. That the party of the first part will execute or procure any further necessary assurance of the title to said premises;

Fifth. That the party of the first part will forever warrant the title to said premises.

In witness whereof, the party of the first part has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officer the day and year first above written.

SCHEDULE C.

BARGAIN AND SALE DEED. Statutory Form B. Without Covenant against Grantor.

(Individual)

This indenture, made the ....... day of .........., nineteen hundred and ..........., between .........., (insert residence) party of the first part, and ..........., (insert residence) party of the second part:

Witnesseth, that the party of the first part, in consideration of ....... dollars, lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, ......... and assigns forever, all .......... (description), together with the appurtenances and all the estate and rights of the party of the first part in and to said premises,

To have and to hold the above granted premises unto the party of the second part, .......... and assigns forever.

In witness whereof, the party of the first part has hereunto set his hand and seal the day and year first above written.

In presence of:

SCHEDULE D.

BARGAIN AND SALE DEED. Statutory Form BB. Without Covenant against Grantor.

(Corporation)

This indenture, made the ......... day of ........, nineteen hundred and ........., between .........., a corporation organized under the laws of ........., party of the first part, and .......... (insert residence), party of the second part:

To have and to hold the premises herein granted unto the party of the second part, ......... and assigns forever.

SCHEDULE E.

BARGAIN AND SALE DEED. Statutory Form C. With Covenant against Grantor.

(Individual)

This indenture, made the ......... day of ............, nineteen hundred and .........., between ..........., (insert residence), party of the first part, and ..........., (insert residence), party of the second part:

Witnesseth, that the party of the first part, in consideration of ....... dollars, lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, his heirs and assigns forever, all .......... (description), together with the appurtenances and all the estate and rights of the party of the first part in and to said premises.

To have and to hold the premises herein granted unto the party of the second part, his heirs and assigns forever. And the party of the first part covenants that he has not done or suffered anything whereby the said premises have been incumbered in any way whatever.

In witness whereof, the party of the first part has hereunto set his hand and seal the day and year first above written.

In presence of:

SCHEDULE F.

BARGAIN AND SALE DEED. Statutory Form CC. With Covenant against Grantor.

(Corporation)

This indenture, made the ....... day of .........., nineteen hundred and ..........., between ............, a corporation organized under the laws of ........, party of the first part, and ................, (insert residence), party of the second part:

Witnesseth, that the party of the first part, in consideration of ........ dollars, lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, ................... and assigns forever, all .................. (description), together with the appurtenances and all the estate and rights of the party of the first part in and to said premises.

To have and to hold the premises herein granted unto the party of the second part, ................ and assigns forever. And the party of the first part covenants that it has not done or suffered anything whereby the said premises have been incumbered in any way whatever.

In witness whereof, the party of the first part has caused its corporate seal to be hereunto affixed and these presents to be signed by its duly authorized officer the day and year first above written.

SCHEDULE G.

QUITCLAIM DEED. Statutory Form D. (Individual)

This indenture, made the ....... day of ..........., nineteen hundred and .........., between ..............., (insert residence), party of the first part, and .............., (insert residence), party of the second part:

Witnesseth, that the party of the first part, in consideration of ........... dollars, lawful money of the United States, paid by the party of the second part, does hereby remise, release, and quitclaim unto the party of the second part, ............... and assigns forever, all (description), together with the appurtenances and all the estate and rights of the party of the first part in and to said premises.

To have and to hold the premises herein granted unto the party of the second part, ............ and assigns forever.

In witness whereof, the party of the first part has hereunto set his hand and seal the day and year first above written.

In presence of:

SCHEDULE H.

QUITCLAIM DEED. Statutory Form DD. (Corporation)

This indenture, made the ....... day of ..........., nineteen hundred and .........., between ..............., a corporation organized under the laws of .........., party of the first part, and .................... (insert residence), party of the second part:

Witnesseth, that the party of the first part, in consideration of ....... dollars, lawful money of the United States, paid by the party of the second part, does hereby remise, release and quitclaim unto the party of the second part, his heirs and assigns forever, all ............ (description), together with the appurtenances and all the estate and rights of the party of the first part in and to said premises.

To have and to hold the premises herein granted unto the party of the second part, his heirs and assigns forever.

SCHEDULE I.

EXECUTOR'S DEED. Statutory Form E.

This indenture, made the ........ day of .............., nineteen hundred and ..........., between ............. as executor of ........... the last will and testament of ............, late of .........., deceased, party of the first part, and ..........., (insert residence) party of the second part:

Witnesseth, that the party of the first part, by virtue of the power and authority to him given in and by the said last will and testament, and in consideration of ........... dollars, lawful money of the United States, paid by the party of the second part, does hereby grant and release unto the party of the second part, ............ his heirs and assigns forever, all ........... (description), together with the appurtenances, and also all the estate which the said testator had at the time of his decease in said premises, and also the estate therein, which the party of the first part has or has power to convey or dispose of, whether individually, or by virtue of said will or otherwise.

To have and to hold the premises herein granted unto the party of the second part, ........... and assigns forever.

And the party of the first part covenants that he has not done or suffered anything whereby the said premises have been incumbered in any way whatever.

In witness whereof, the party of the first part has hereunto set his hand and seal the day and year first above written.

In presence of:

SCHEDULE J.

REFEREE'S DEED IN FORECLOSURE. Statutory Form F.

This deed, made the ........ day of ............., nineteen hundred and .........., between ..........., referee duly appointed in the action hereinafter mentioned, grantor, and ............. (insert residence), grantee:

Witnesseth, that the grantor, the referee appointed in an action between ..........., plaintiffs, and .........., defendants, foreclosing a mortgage recorded on the ....... day of ........., in the office of the ........... of the county of ..........., in liber ....... of mortgages, at page ........, in pursuance of a judgment entered at a special term of the ........., on the ......... day of .........., and in consideration of ......... dollars paid by the grantee, being the highest sum bid at the sale under said judgment, does hereby grant and convey unto the grantee, all (description),

To have and to hold the premises herein granted unto the grantee, ........... and assigns forever.

In witness whereof, the grantor has hereunto set his hand and seal.

In presence of:

SCHEDULE K.

REFEREE'S DEED IN PARTITION. Statutory Form G.

This deed, made the ......... day of ..........., nineteen hundred and .........., between ..........., referee duly appointed in the action hereinafter mentioned, grantor, and ............, (insert residence), grantee:

Witnesseth, that the grantor, the referee appointed in an action in partition between .........., plaintiffs, and .........., defendants, in pursuance of a judgment entered at a special term of the .........., on the ....... day of ........., and in consideration of .......... dollars paid by the grantee, being the highest sum bid at the sale under said judgment, does hereby grant and convey unto the grantee all (description),

To have and to hold the premises herein granted unto the grantee, .......... and assigns forever.

In witness whereof, the grantor has hereunto set his hand and seal.

In presence of:

SCHEDULE L.

ASSIGNMENT OF LEASE. Statutory Form H.

Know that .........., assignor, in consideration of .......... dollars, paid by .........., assignee, hereby assigns unto the assignee, a certain lease made by .........., to .........., dated the ......... day of ........, and recorded on the ....... day of .........., in the office of the .......... of the county of .........., in liber ....... of conveyances, at page ........, covering premises .........., together with the premises therein described, and the buildings thereon, with the appurtenances,

To have and to hold the same unto the assignee, ......... and assigns, from the ........ day of .........., nineteen hundred and .........., for all the rest of ......... years mentioned in the said lease, subject to the rents, covenants, conditions and provisos therein also mentioned.

And the assignor hereby covenants that the said assigned premises are free from incumbrances.

In witness whereof, the assignor has hereunto set his hand and seal this ....... day of .........., nineteen hundred and .........

In presence of:

SCHEDULE M

MORTGAGE Statutory Form M.

This mortgage, made the ........ day of ..........., nineteen hundred and ............, between ..............., (insert residence) the mortgagor, and .............. (insert residence), the mortgagee.

Witnesseth, that to secure the payment of an indebtedness in the sum of ......... dollars, lawful money of the United States, to be paid on the ........ day of ..........., nineteen hundred and ..........., with interest thereon to be computed from .........., at the rate of ......... per centum per annum, and to be paid ..........., according to a certain bond or obligation bearing even date herewith, the mortgagor hereby mortgages to the mortgagee (description).

And the mortgagor covenants with the mortgagee as follows:

1. That the mortgagor will pay the indebtedness as hereinbefore provided.

2. That the mortgagor will keep the buildings on the premises insured against loss by fire for the benefit of the mortgagee; that he will assign and deliver the policies to the mortgagee; and that he will reimburse the mortgagee for any premiums paid for insurance made by the mortgagee on the mortgagor's default in so insuring the buildings or in so assigning and delivering the policies.

3. That no building on the premises shall be removed or demolished without the consent of the mortgagee.

4. That the whole of said principal sum and interest shall become due at the option of the mortgagee: after default in the payment of any installment of principal or of interest for .......... days; or after default in the payment of any tax, water rate or assessment for ......... days after notice and demand; or after default after notice and demand either in assigning and delivering the policies insuring the buildings against loss by fire or in reimbursing the mortgagee for premiums paid on such insurance, as hereinbefore provided; or after default upon request in furnishing a statement of the amount due on the mortgage and whether any offsets or defenses exist against the mortgage debt, as hereinafter provided.

5. That the holder of this mortgage, in any action to foreclose it, shall be entitled to the appointment of a receiver.

6. That the mortgagor will pay all taxes, assessments or water rates, and in default thereof, the mortgagee may pay the same.

7. That the mortgagor within ......... days upon request in person or within ......... days upon request by mail will furnish a written statement duly acknowledged of the amount due on this mortgage and whether any offsets or defenses exist against the mortgage debt.

8. That notice and demand or request may be in writing and may be served in person or by mail.

9. That the mortgagor warrants the title to the premises.

In witness whereof this mortgage has been duly executed by the mortgagor.

In presence of:

SCHEDULE N

BOND AND MORTGAGE Statutory Form MN.

This bond and mortgage, made the ........ day of ..................., nineteen hundred and ............, between .......................... ,

(insert residence) herein referred to as the mortgagor, and ............................ ,

(insert residence) herein referred to as the mortgagee.

Witnesseth, that the mortgagor, do hereby acknowledge ................ to be indebted to the mortgagee in the sum of ................ dollars, lawful money of the United States, which the mortgagor do hereby agree and bind ................ to pay to the mortgagee .................. on the ...... day of ..............., nineteen hundred and ..............., with interest thereon to be computed from ......................., at the rate of ........... per centum per annum, and to be paid ........................................................................

(insert terms of payment of interest and/or principal) and to secure the payment of which the mortgagor hereby mortgages to the mortgagee .........................................................

(description)

And the mortgagor covenants with the mortgagee as follows:

1. That the mortgagor will pay the indebtedness as hereinbefore provided.

3. That no building on the premises shall be removed or demolished without the consent of the mortgagee.

4. That the whole of said principal sum and interest shall become due at the option of the mortgagee: after default in the payment of any installment of principal or of interest for .......... days; or after default in the payment of any tax, water rate or assessment for ......... days after notice and demand; or after default after notice and demand either in assigning and delivering the policies insuring the buildings against loss by fire or in reimbursing the mortgagee for premiums paid on such insurance, as hereinbefore provided; or after default upon request in furnishing a statement of the amount due on the bond and mortgage and whether any offsets or defenses exist against the mortgage debt, as hereinafter provided.

5. That the holder of this bond and mortgage, in any action to foreclose the mortgage, shall be entitled to the appointment of a receiver.

6. That the mortgagor will pay all taxes, assessments or water rates, and in default thereof, the mortgagee may pay the same.

7. That the mortgagor within ......... days upon request in person or within ......... days upon request by mail will furnish a written statement duly acknowledged of the amount due on this bond and mortgage and whether any offsets or defenses exist against the mortgage debt.

8. That notice and demand or request may be in writing and may be served in person or by mail.

9. That the mortgagor warrants the title to the premises.

In witness whereof this bond and mortgage has been duly signed and sealed by the mortgagor.

In the presence of:

SCHEDULE O.

ASSIGNMENT OF MORTGAGE. Statutory Form I. Without Covenant.

Know that .........., assignor, in consideration of ....... dollars, paid by ............, assignee, hereby assigns unto the assignee, a certain mortgage made by ..........., given to secure payment of the sum of ........ dollars and interest, dated the ........ day of ..........., recorded on the ........ day of ..........., in the office of the .......... of the county of ........., in liber ....... of mortgages, at page ........, covering premises ......., together with the bond or obligation described in said mortgage, and the moneys due and to grow due thereon with the interest,

To have and to hold the same unto the assignee, and to the successors, legal representatives and assigns of the assignee forever.

In witness whereof, the assignor has hereunto set his hand and seal this ........ day of ..........., nineteen hundred and ...........

In presence of:

SCHEDULE P

ASSIGNMENT OF MORTGAGE Statutory form J. With covenant

Know that ..........., assignor, in consideration of ........ dollars, paid by .........., assignee, hereby assigns unto the assignee, a certain mortgage made by ............, given to secure payment of the sum of ......... dollars and interest, dated the ....... day of ..........., recorded on the .......... day of .............., in the office of the .............. of the county of ..........., in liber ....... of mortgages, at page ......., covering premises ..........., together with the bond or obligation described in said mortgage, and the moneys due and to grow due thereon with the interest,

To have and to hold the same unto the assignee, and to the successors, legal representatives and assigns of the assignee forever.

And the assignor covenants that there is now owing upon said mortgage, without offset or defense of any kind, the principal sum of ............. dollars, with interest thereon at ....... per centum per annum from the ....... day of ........., nineteen hundred and ...........

In witness whereof, the assignor has hereunto set his hand and seal this ....... day of ........, nineteen hundred and ............ In presence of:

SCHEDULE Q

RELEASE OF PART OF MORTGAGED PREMISES Statutory form K.

This indenture, made the ....... day of ........, nineteen hundred and ........., between .........., party of the first part, and ........, party of the second part,

Whereas, ............. by indenture of mortgage, bearing date the ....... day of ........., nineteen hundred and .........., recorded in the office of the .......... of the county of ............., in liber ....... of mortgages, of section ........, page ........, on the ........ day of .........., nineteen hundred and ............, for the consideration therein mentioned, and to secure the payment of the money therein specified, did mortgage certain lands and tenements of which the lands hereinafter described are part, unto ............,

And whereas, the party of the first part, at the request of the party of the second part, has agreed to give up and surrender the lands hereinafter described unto the party of the second part, and to hold and retain the residue of the mortgaged lands as security for the money remaining due on said mortgage,

Now this indenture witnesseth, that the party of the first part, in pursuance of said agreement, and in consideration of ....... dollars, lawful money of the United States, ............. paid by the party of the second part, does grant, release and quitclaim unto the party of the second part, all that part of said mortgaged lands described as follows: ........................................... (description),

Together with the hereditaments and appurtenances thereunto belonging, and all the right, title and interest of the party of the first part, of, in and to the same, to the intent that the lands hereby released may be discharged from said mortgage, and that the rest of the land in said mortgage specified may remain mortgaged to the party of the first part as heretofore,

To have and to hold the lands and premises hereby released and quitclaimed to the party of the second part, ............ and assigns, to .......... and their own proper use, benefit and behoof forever, free, clear and discharged of and from all lien and claim under and by virtue of the indenture of mortgage aforesaid.

In witness whereof, the party of the first part has signed and sealed these presents the day and year first above written. In presence of:

SCHEDULE R.

SATISFACTION OF MORTGAGE. Statutory Form L.

Know all men by these presents, that ....... do hereby certify that a certain indenture of mortgage, bearing date the ....... day of ........, nineteen hundred and ..........., made and executed by ..........., to secure payment of the principal sum of .......... dollars and interest, and duly recorded in the office of the ............ of the county of ............., in liber ....... of mortgages, of section ........, page ......, on the ....... day of ..........., nineteen hundred and ..........., is paid, and do hereby consent that the same be discharged of record.

Dated the ....... day of ........, nineteen hundred and ..........

In presence of:

N.Y. Real Prop. Law § 258