NY Real Prop L § 258 (2021)
2021 New York Laws RPP - Real Property Article 8 - Conveyances and Mortgages 258 - Short Forms of Deeds and Mortgages.

§  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: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.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 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.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 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.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   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 covenantKnow 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: