Closing questions
What gets recorded after a NYC closing?
Deed, mortgage, assignments and satisfactions record through ACRIS with the City Register, along with transfer tax returns. What is filed instead of recorded.
What gets recorded after a NYC closing?
Quick Answer
Recording puts an instrument into the public land records and gives it priority under RPL 291. In Manhattan, Brooklyn, Queens and the Bronx that happens through ACRIS with the Office of the City Register. Staten Island records with the Richmond County Clerk, and counties outside the city use their own clerks.
The recorded set on a financed purchase is the deed, the new mortgage, any assignment of mortgage on a CEMA, the consolidation agreement itself, and satisfactions or releases of the liens paid off at the table. The transfer tax returns are submitted with the deed and become part of the package.
Filing is different from recording. The seller's 1099-S goes to the Internal Revenue Service rather than into the land records. A co-op transfer produces UCC filings and the corporation's records rather than a recorded deed, so a co-op sale generates almost nothing in ACRIS other than the tax returns.
Satisfactions deserve their own attention. A payoff wired at closing does not by itself clear the record, and satisfactions can take weeks or months to arrive from a servicer. An unsatisfied mortgage that nobody chased is one of the most common defects found in the next search, years later.
Confirm the outcome rather than assuming it. The recorded copies, showing the CRFN and the recording date, are the proof. Keep them with the policy and the settlement statement, since these are the documents the next buyer's title company will ask for.
What is the difference between recording and filing?
Recording places an instrument in the county land records, indexed against the property, where it gives notice and establishes priority. Filing submits a document to an agency for its own purposes without entering the land records. The deed and mortgage are recorded. The 1099-S is filed with the Internal Revenue Service.
How do I confirm my satisfaction was recorded?
Search the property in ACRIS by block and lot a few months after closing and look for the satisfaction indexed against the paid-off mortgage. If it is not there, the servicer has not sent it. Chasing it then is far easier than proving payment years later when you sell.
What else should you read before closing?
In the glossary
- RecordingFiling an instrument with the register or county clerk so it becomes part of the public record. Recording establishes priority against later purcha...
- ACRISNew York City's public index of recorded property documents. Deeds, mortgages, satisfactions, easements and many liens are recorded here, which mak...
- Satisfaction of mortgageThe instrument that releases a paid mortgage from the record. Until it is recorded, the old mortgage still appears as a lien against the property.
- DeedThe instrument that conveys real property. Signature, acknowledgment and delivery make it effective between the parties, while recording is what pr...
- UCC searchA search of UCC filings for security interests in personal property, run against the seller and, on entity deals, against the entity itself.
Questions this raises
- How long does recording take in New York City?ACRIS e-recording usually accepts clean residential instruments within days. What causes rejections, how indexing works, and why recorded copies ar...
- What happens after the closing table?Recording, recorded copies, the final policy, satisfactions and post-closing lender conditions. The New York closing tail and the documents to keep...
- What documents do I sign at closing?Note, mortgage, title affidavit, settlement statement and transfer tax returns for buyers; deed and releases for sellers. What each document actual...
The statute itself
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