§ 8021 — County clerks other than as clerks of court

New York § 8021

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 80: Fees

Text

§ 8021. County clerks other than as clerks of court. Whenever a county\nclerk renders a service other than in his capacity as clerk of the\nsupreme or a county court, or other than in an action pending in a court\nof which he is clerk, he is entitled to the fees specified in this\nsection, payable in advance.\n (a) Services in connection with papers or instruments relating to real\nproperty and not filed under the uniform commercial code.\n 1. For filing any paper, document or other instrument of any nature or\ndescription which is required or permitted by law to be filed in his\noffice, five dollars, except as otherwise expressly provided in this\narticle and in article twelve of the real property law.\n 2. For filing and indexing any map, ten dollars.\n 3. For affixing and indexing a notice of foreclosure of a mortgage, as\nprescribed in section fourteen hundred four of the real property actions\nand proceedings law, ten dollars.\n 4. a. (1) For recording, entering, indexing and endorsing a\ncertificate on any instrument, five dollars, and, in addition thereto,\nthree dollars for each page or portion of a page, and fifty cents for\neach additional town, city, block or other indices in which such\ninstrument is to be indexed as directed by the endorsement thereon. On\nthe assignment of a mortgage which assigns more than one mortgage or on\na release of lease which releases more than one lease, then there shall\nbe an additional fee of three dollars for every mortgage assigned or\nlease released in excess of one.\n (2) Notwithstanding clause one of this subparagraph, any county may\nopt by county law to increase the fee for recording, entering, indexing\nand endorsing a certificate on any instrument from five dollars to\ntwenty dollars and, in addition thereto, increase from three dollars to\nfive dollars for each page or portion of a page. Such increase shall\ntake effect thirty days after the county enacts such fees. For the\npurpose of determining the appropriate recording fee, the fee for any\ncover page shall be deemed an additional page of the instrument. A cover\npage shall not include any social security account number or date of\nbirth. To the extent a county clerk has placed an image of such cover\npage online, such county clerk shall make a good faith effort to redact\nsuch information.\n b. For recording, entering, indexing and endorsing a certificate on\nany instrument, an additional fee of five dollars to be paid monthly by\ncounty clerks to the commissioner of education, after deducting\ntwenty-five cents, for deposit into the New York state local government\nrecords management improvement fund and an additional fifteen dollars,\nafter deducting seventy-five cents, for deposit to the cultural\neducation account.\n 5. For re-indexing a recorded instrument, two dollars for each town,\ncity, block or other indices so re-indexed upon presentation of the\ninstrument with such additional endorsement thereon or, if the original\ninstrument is not obtainable, by request in writing sworn to by an\ninterested party, setting forth the facts.\n 6. For copying and mailing any map, such fees as may be fixed by the\ncounty clerk subject to review by the supreme court.\n 7. For entering a cross reference of the record of any instrument on\nthe margin of the record of any other instrument referred to therein by\nliber and page, fifty cents for each cross reference.\n 8. For examining the record of each assignment of mortgage or other\ninstrument recited in a certificate of discharge of mortgage, fifty\ncents.\n 9. For searching for any filed or recorded instrument, upon a written\nrequest specifying the kind of instrument, the location by town, city or\nblock if a real property instrument, and the names and period to be\nsearched, such fee as may be fixed by the county clerk subject to review\nby the supreme court.\n 10. For filing or recording a notice of pendency of action or a notice\nof attachment against real property, or an amended notice of pendancy of\naction or an amended notice of action against real property, in counties\nwithin the city of New York, thirty-five dollars, and in all other\ncounties, fifteen dollars, but no fee shall be charged for filing or\nrecording a notice or order continuing or cancelling same.\n 11. For filing federal tax liens payment shall be made in the manner\nprovided by section two hundred forty-three of the lien law.\n (b) Filing, other than in connection with papers or instruments\nrelating to real property or filed under the uniform commercial code.\n 1. For filing any paper, document or other instrument of any nature or\ndescription which is required or permitted by law to be filed in his\noffice, five dollars, except as otherwise expressly provided in this\narticle, and except that no fee shall be charged for filing a commission\nof appointment to public office or an oath of office of a public officer\nor employee, other than a notary public or commissioner of deeds.\n 2. For filing any certificate, instrument or document in relation to a\ncorporation, or any certificate pursuant to section forty-nine-a of the\npersonal property law, or any certificate, instrument or document in\nrelation to a joint stock association, limited partnership, continued\nuse of firm name or registration of hotel name, in counties within the\ncity of New York, one hundred dollars, and in all other counties,\ntwenty-five dollars. For filing any certificate pursuant to section one\nhundred thirty of the general business law, in counties within the city\nof New York, one hundred dollars, and in all other counties, twenty-five\ndollars. No fee shall be charged for filing proof of publication or a\ncancellation, discontinuance or dissolution certificate.\n 3. For filing an assignment of or order for the payment of salary or\nwages, in counties within the city of New York, ten dollars, and in all\nother counties, five dollars. No fee shall be charged for filing of a\nsatisfaction, assignment, cancellation or vacation thereof.\n 4. For filing a notice of mechanics lien, or a notice of lending, in\ncounties within the city of New York, thirty dollars, and in all other\ncounties, fifteen dollars. No fee shall be charged for filing a notice\nor order continuing, amending or cancelling same, but when a mechanics\nlien is discharged by deposit with a clerk of the court, there shall be\na fee of three dollars in all counties other than those within the city\nof New York.\n 5. For filing, examining and entering an absolute bill of sale of\nchattels, or any instrument affecting chattels, or a copy of the\nforegoing or an assignment of any such instrument, or a satisfaction of\na chattel mortgage or conditional bill of sale, in all counties except\nthose within the city of New York, one dollar and fifty cents. For\nfiling, examining and entering an assignment of a notice of lien on\nmerchandise, one dollar and fifty cents. Every instrument affecting\nchattels must be endorsed on the outside thereof with the character of\nthe instrument, the names of all the parties thereto and the location of\nthe property affected thereby, which must be distinguished from the\naddress of the parties by the words "property located at, " or similar\nwords.\n 6. For filing a notice of hospital lien, five dollars. No fee shall be\ncharged for filing a satisfaction, partial satisfaction, modification,\nassignment, cancellation, discharge of amendment thereof.\n 7. For filing a transcript of judgment, in counties within the city of\nNew York, twenty-five dollars, and in all other counties, ten dollars.\nNo fee shall be charged for filing a certificate or order of\nsatisfaction, partial satisfaction, modification, assignment, reversal,\ncancellation or amendment, of judgment or lien.\n 8. For filing and indexing a certificate of appointment or official\ncharacter of a notary public, or for filing and indexing a certificate\nof appointment as commissioner of deeds, ten dollars.\n 9. For filing an assignment of money due on a contract, or an order on\nowner, twenty-five dollars. No fee shall be charged for filing a notice\nor order continuing, amending or cancelling same.\n 10. For filing a building loan contract, in counties within the city\nof New York, fifty dollars, and in all other counties, twenty-five\ndollars.\n 11. a. For recording any instrument required by statute to be\nrecorded, in counties within the city of New York, ten dollars, and in\nall other counties, five dollars, and, in addition thereto, three\ndollars for each page or portion of a page recorded, except that the\ncharge for instruments of surrender and orders of commitment required to\nbe filed and recorded pursuant to section three hundred eighty-four of\nthe social services law shall be ten dollars per instrument or order in\ncounties within the city of New York, and in all other counties, five\ndollars per instrument or order.\n b. For recording any instrument required by statute to be recorded, an\nadditional fee of five dollars to be paid monthly by county clerks to\nthe commissioner of education, after deducting twenty-five cents, for\ndeposit into the New York state local government records management\nimprovement fund and an additional fifteen dollars, after deducting\nseventy-five cents, for deposit to the cultural education account.\n (c) Certification, issuing certificates, other papers and copies of\npapers, records, and related services, other than in connection with\npapers or instruments relating to real property or filed under the\nuniform commercial code.\n 1. For issuing any certificate, except as otherwise expressly provided\nfor in this article, in counties within the city of New York, ten\ndollars, and in all other counties, five dollars.\n 2. For an execution of a judgment, five dollars.\n 3. For issuing a transcript of the docket of a judgment or other lien,\nin counties within the city of New York, fifteen dollars, and in all\nother counties, five dollars.\n 4. For issuing a certificate of appointment of a notary public, five\ndollars.\n 5. For issuing a certificate authenticating an official act by a\nnotary public, commissioner of deeds or other public officer, three\ndollars, except that no fee shall be charged for a certificate on a\npaper required by the United States veterans' administration.\n 6. For issuing an official receipt for any instrument affecting\npersonal property, two dollars.\n 7. For a certificate of exemplification, exclusive of certification,\nten dollars.\n 8. For preparing and certifying a copy of a marriage record, five\ndollars.\n 9. No fee shall be charged to any county officer, employee or\ninstitution required to file or record any instrument in connection with\nthe official duties thereof, or to any public official in connection\nwith the filing of his undertaking.\n (d) Searches of records not filed under the uniform commercial code.\nFor certifying to a search of any records, other than those in an action\nor relating to real property, for a consecutive two year period or\nfraction thereof, for each name so searched, five dollars; except that\nin the counties within the city of New York, when the records so\nsearched are the census records of the state of New York, the charge\nshall be one dollar for a consecutive two-year period or fraction\nthereof.\n (e) Production of records. The production in any action of any filed\nor recorded paper, document, map or other instrument which is part of\nthe public records and papers of a county clerk's office, except the\npapers in an action which have been filed with the county clerk in his\ncapacity as clerk of the court, is hereby prohibited in the interest of\nthe safety and preservation thereof, unless the county clerk consents to\nsuch production, or the judge presiding in the court in which such\nproduction is sought so orders. Instead of the original, a certified\ncopy of such filed or recorded paper, document, map or other instrument\nshall be produced in evidence as provided in section 4540 without an\norder. In the event that the original is to be produced on order of such\njudge, there shall be a fee for each day or part thereof in attendance\npursuant to a subpoena duces tecum of twenty dollars and, in addition\nthereto, mileage fees of twelve cents per mile each way and the\nnecessary expenses of the messenger, except that if the subpoena duces\ntecum be served within the city of New York and the place of attendance\nis within the city of New York, then actual transportation cost shall be\ncharged instead of the mileage fees. In the event that a certified photo\ncopy of the records subpoenaed is produced, there shall be the same fee\nas if the original was produced on the order of a judge.\n (f) Services rendered pursuant to part four of article nine of the\nuniform commercial code.\n 1. For filing, indexing and furnishing filing data for a financing\nstatement or a continuation statement on a form conforming to standards\nprescribed by the secretary of state, three dollars, or if the statement\notherwise conforms to the requirements of part four of such article,\nfour dollars and fifty cents, plus, in either case,\n (a) if the statement covers collateral which is crops or goods which\nare or are to become fixtures, fifty cents and, in addition,\n (b) if the real estate is in the city of New York or the counties of\nSuffolk or Nassau, any block fees allowed by the administrative code of\nthe city of New York or the Nassau county administrative code or any tax\nmap number verification fees on instruments presented for recording or\nfiling allowed by the Suffolk county administrative code;\n (c) for each additional person, firm or organization, beyond the\nfirst, named as a debtor in the statement, seventy-five cents.\n 2. For filing and indexing an assignment or statement of assignment on\na form conforming to standards prescribed by the secretary of state, of\na security interest included in or accompanying a termination statement,\nthree dollars, or if the assignment or statement of assignment otherwise\nconforms to the requirements of part four of such article, four dollars\nand fifty cents, plus, in either case, for each additional person, firm\nor organization, beyond the first, named as a debtor in the assignment\nor statement, seventy-five cents.\n 3. For filing and indexing a termination statement, including sending\nor delivering the financing statement and any continuation statement,\nstatement of assignment or statement of release pertaining thereto, or\nan acknowledgment of the filing of the termination statement, one dollar\nand fifty cents and, otherwise, shall be three dollars, plus, in each\ncase an additional fee of seventy-five cents for each name more than one\nagainst which the termination statement is required to be indexed.\n 4. For filing, indexing and furnishing filing data for a financing\nstatement indicating an assignment of a security interest in the\ncollateral on a form conforming to standards prescribed by the secretary\nof state, three dollars, or if the financing statement otherwise\nconforms to the requirements of part four of such article, four dollars\nand fifty cents, and seventy-five cents for each additional person, firm\nor organization, beyond the first, named as a debtor in the statement.\n 5. For filing, indexing and furnishing filing data about a statement\nof assignment on a form conforming to standards prescribed by the\nsecretary of state, separate from a financing statement, three dollars,\nor if the statement of assignment otherwise conforms to the requirements\nof part four of such article, four dollars and fifty cents plus, in\neither case, for each additional person, firm or organization, beyond\nthe first, named as a debtor in the statement, seventy-five cents.\n 6. For filing and noting a statement of release of collateral on a\nform conforming to standards prescribed by the secretary of state, three\ndollars, or if the statement of release otherwise conforms to the\nrequirements of part four of such article, four dollars and fifty cents\nplus, in either case, for each additional person, firm or organization,\nbeyond the first, named as a debtor in the statement, seventy-five\ncents.\n 7. For noting the file number and date and hour of the filing of the\noriginal upon a copy thereof furnished by the person filing any\nfinancing statement, termination statement, statement of assignment, or\nstatement of release, and delivering or sending the copy to such person,\nwhen the filed statement contains more than one page or the statement\nand copy are not on forms conforming to standards prescribed by the\nsecretary of state, an amount equal to the product of one dollar and\nfifty cents multiplied by the number of pages the filed statement\ncontains.\n 8. For issuing a certificate showing whether there is on file a\npresently effective financing statement naming a particular debtor and\nany statement of assignment thereof or statement of release of\ncollateral pertaining thereto, and if there is, giving the date and hour\nof filing of each such statement and the names and addresses of each\nsecured party therein, four dollars and fifty cents if the request for\nthe certificate is on a form conforming to standards prescribed by the\nsecretary of state or, otherwise, seven dollars and fifty cents.\n 9. For furnishing a copy of any filed financing statement,\ncontinuation statement, termination statement, statement of assignment\nor statement of release, one dollar and fifty cents per page; provided,\nhowever, that the county clerk may furnish duplicate copies of microfilm\nrecords of all financing statements, continuation statements,\ntermination statements, statements of assignment and statements of\nrelease filed during any month to any person requesting the same at a\nfee, to be determined by the county clerk, of less than one dollar and\nfifty cents per page.\n (g) Services rendered in relation to federal tax liens filed pursuant\nto the lien law.\n 1. For filing and indexing a notice of lien for taxes payable to the\nUnited States of America and certificates and notices affecting such\nliens, four dollars and fifty cents.\n 2. For issuing a certificate showing whether there is on file on the\ndate and hour stated therein, any notice of federal tax lien or\ncertificate or notice affecting such lien, filed on or after July third,\nnineteen hundred sixty-six, and if there is, giving the date and hour of\nfiling each such notice or certificate, four dollars and fifty cents.\n