§ 258 — Short forms of deeds and mortgages

New York § 258

• Jurisdiction: New York
• Law RPP: Real Property
• Art. 8: Conveyances and Mortgages

Text

§ 258. Short forms of deeds and mortgages. The use of the following\nforms of instruments for the conveyance and mortgage of real property is\nlawful, but this section does not prevent or invalidate the use of other\nforms:\n SCHEDULE A.\n DEED WITH FULL COVENANTS.\nStatutory Form A. (Individual)\n This indenture, made the ...... day of ........ nineteen hundred and\n......., between ............. (insert residence) party of the first\npart, and .............. (insert residence) party of the second part,\n Witnesseth, that the party of the first part, in consideration of\n............. dollars, lawful money of the United States, paid by the\nparty of the second part, does hereby grant and release unto the party\nof the second part, ........... and assigns forever, all .........\n(description), together with the appurtenances and all the estate and\nrights of the party of the first part in and to said premises,\n To have and to hold the premises herein granted unto the party of the\nsecond part, ............ and assigns forever. And said ............\ncovenants as follows:\n First. That said ............ is seized of said premises in fee\nsimple, and has good right to convey the same;\n Second. That the party of the second part shall quietly enjoy the said\npremises;\n Third. That the said premises are free from incumbrances;\n Fourth. That the party of the first part will execute or procure any\nfurther necessary assurance of the title to said premises;\n Fifth. That said ............ will forever warrant the title to said\npremises.\n In witness whereof, the party of the first part has hereunto set his\nhand and seal the day and year first above written.\n In presence of:\n SCHEDULE B.\n DEED WITH FULL COVENANTS.\nStatutory Form AA. (Corporation)\n This indenture, made the ...... day of ..........., nineteen hundred\nand ............., between ............, a corporation organized under\nthe laws of ........, party of the first part, and ................\n(insert residence), party of the second part:\n Witnesseth, that the party of the first part, in consideration of\n........... dollars, lawful money of the United States, paid by the party\nof the second part, does hereby grant and release unto the party of the\nsecond part, ............ and assigns forever, all ............\n(description), together with the appurtenances and all the estate and\nrights of the party of the first part in and to said premises,\n To have and to hold the premises herein granted unto the party of the\nsecond part, ............ and assigns forever. And the party of the\nfirst part covenants as follows:\n First. That the party of the first part is seized of the said premises\nin fee simple, and has good right to convey the same;\n Second. That the party of the second part shall quietly enjoy the said\npremises;\n Third. That the said premises are free from incumbrances;\n Fourth. That the party of the first part will execute or procure any\nfurther necessary assurance of the title to said premises;\n Fifth. That the party of the first part will forever warrant the title\nto said premises.\n In witness whereof, the party of the first part has caused its\ncorporate seal to be hereunto affixed, and these presents to be signed\nby its duly authorized officer the day and year first above written.\n SCHEDULE C.\n BARGAIN AND SALE DEED.\nStatutory Form B. Without Covenant against Grantor.\n (Individual)\n This indenture, made the ....... day of .........., nineteen hundred\nand ..........., between .........., (insert residence) party of the\nfirst part, and ..........., (insert residence) party of the second\npart:\n Witnesseth, that the party of the first part, in consideration of\n........ dollars, lawful money of the United States, paid by the party of\nthe second part, does hereby grant and release unto the party of the\nsecond part, ......... and assigns forever, all ..........\n(description), together with the appurtenances and all the estate and\nrights of the party of the first part in and to said premises,\n To have and to hold the above granted premises unto the party of the\nsecond part, .......... and assigns forever.\n In witness whereof, the party of the first part has hereunto set his\nhand and seal the day and year first above written.\n In presence of:\n SCHEDULE D.\n BARGAIN AND SALE DEED.\nStatutory Form BB. Without Covenant against Grantor.\n (Corporation)\n This indenture, made the ......... day of ........, nineteen hundred\nand ........., between .........., a corporation organized under the\nlaws of ........., party of the first part, and .......... (insert\nresidence), party of the second part:\n Witnesseth, that the party of the first part, in consideration of\n........ dollars, lawful money of the United States, paid by the party of\nthe second part, does hereby grant and release unto the party of the\nsecond part, ......... and assigns forever, all ..........\n(description), together with the appurtenances and all the estate and\nrights of the party of the first part in and to said premises,\n To have and to hold the premises herein granted unto the party of the\nsecond part, ......... and assigns forever.\n In witness whereof, the party of the first part has caused its\ncorporate seal to be hereunto affixed, and these presents to be signed\nby its duly authorized officer the day and year first above written.\n SCHEDULE E.\n BARGAIN AND SALE DEED.\nStatutory Form C. With Covenant against Grantor.\n (Individual)\n This indenture, made the ......... day of ............, nineteen\nhundred and .........., between ..........., (insert residence), party\nof the first part, and ..........., (insert residence), party of the\nsecond part:\n Witnesseth, that the party of the first part, in consideration of\n........ dollars, lawful money of the United States, paid by the party of\nthe second part, does hereby grant and release unto the party of the\nsecond part, his heirs and assigns forever, all ..........\n(description), together with the appurtenances and all the estate and\nrights of the party of the first part in and to said premises.\n To have and to hold the premises herein granted unto the party of the\nsecond part, his heirs and assigns forever. And the party of the first\npart covenants that he has not done or suffered anything whereby the\nsaid premises have been incumbered in any way whatever.\n In witness whereof, the party of the first part has hereunto set his\nhand and seal the day and year first above written.\n In presence of:\n SCHEDULE F.\n BARGAIN AND SALE DEED.\nStatutory Form CC. With Covenant against Grantor.\n (Corporation)\n This indenture, made the ....... day of .........., nineteen hundred\nand ..........., between ............, a corporation organized under the\nlaws of ........, party of the first part, and ................, (insert\nresidence), party of the second part:\n Witnesseth, that the party of the first part, in consideration of\n......... dollars, lawful money of the United States, paid by the party\nof the second part, does hereby grant and release unto the party of the\nsecond part, ................... and assigns forever, all\n................... (description), together with the appurtenances and\nall the estate and rights of the party of the first part in and to said\npremises.\n To have and to hold the premises herein granted unto the party of the\nsecond part, ................ and assigns forever. And the party of the\nfirst part covenants that it has not done or suffered anything whereby\nthe said premises have been incumbered in any way whatever.\n In witness whereof, the party of the first part has caused its\ncorporate seal to be hereunto affixed and these presents to be signed by\nits duly authorized officer the day and year first above written.\n SCHEDULE G.\n QUITCLAIM DEED.\nStatutory Form D. (Individual)\n This indenture, made the ....... day of ..........., nineteen hundred\nand .........., between ..............., (insert residence), party of\nthe first part, and .............., (insert residence), party of the\nsecond part:\n Witnesseth, that the party of the first part, in consideration of\n............ dollars, lawful money of the United States, paid by the\nparty of the second part, does hereby remise, release, and quitclaim\nunto the party of the second part, ............... and assigns forever,\nall (description), together with the appurtenances and all the estate\nand rights of the party of the first part in and to said premises.\n To have and to hold the premises herein granted unto the party of the\nsecond part, ............ and assigns forever.\n In witness whereof, the party of the first part has hereunto set his\nhand and seal the day and year first above written.\n In presence of:\n SCHEDULE H.\n QUITCLAIM DEED.\nStatutory Form DD. (Corporation)\n This indenture, made the ....... day of ..........., nineteen hundred\nand .........., between ..............., a corporation organized under\nthe laws of .........., party of the first part, and\n..................... (insert residence), party of the second part:\n Witnesseth, that the party of the first part, in consideration of\n........ dollars, lawful money of the United States, paid by the party of\nthe second part, does hereby remise, release and quitclaim unto the\nparty of the second part, his heirs and assigns forever, all\n............. (description), together with the appurtenances and all the\nestate and rights of the party of the first part in and to said\npremises.\n To have and to hold the premises herein granted unto the party of the\nsecond part, his heirs and assigns forever.\n In witness whereof, the party of the first part has caused its\ncorporate seal to be hereunto affixed and these presents to be signed by\nits duly authorized officer the day and year first above written.\n SCHEDULE I.\n EXECUTOR'S DEED.\nStatutory Form E.\n This indenture, made the ........ day of .............., nineteen\nhundred and ..........., between ............. as executor of\n............ the last will and testament of ............, late of\n..........., deceased, party of the first part, and ..........., (insert\nresidence) party of the second part:\n Witnesseth, that the party of the first part, by virtue of the power\nand authority to him given in and by the said last will and testament,\nand in consideration of ........... dollars, lawful money of the United\nStates, paid by the party of the second part, does hereby grant and\nrelease unto the party of the second part, ............ his heirs and\nassigns forever, all ........... (description), together with the\nappurtenances, and also all the estate which the said testator had at\nthe time of his decease in said premises, and also the estate therein,\nwhich the party of the first part has or has power to convey or dispose\nof, whether individually, or by virtue of said will or otherwise.\n To have and to hold the premises herein granted unto the party of the\nsecond part, ........... and assigns forever.\n And the party of the first part covenants that he has not done or\nsuffered anything whereby the said premises have been incumbered in any\nway whatever.\n In witness whereof, the party of the first part has hereunto set his\nhand and seal the day and year first above written.\n In presence of:\n SCHEDULE J.\n REFEREE'S DEED IN FORECLOSURE.\nStatutory Form F.\n This deed, made the ........ day of ............., nineteen hundred\nand .........., between ..........., referee duly appointed in the\naction hereinafter mentioned, grantor, and ............. (insert\nresidence), grantee:\n Witnesseth, that the grantor, the referee appointed in an action\nbetween ..........., plaintiffs, and .........., defendants, foreclosing\na mortgage recorded on the ....... day of ........., in the office of\nthe ........... of the county of ..........., in liber ....... of\nmortgages, at page ........, in pursuance of a judgment entered at a\nspecial term of the ........., on the ......... day of .........., and\nin consideration of ......... dollars paid by the grantee, being the\nhighest sum bid at the sale under said judgment, does hereby grant and\nconvey unto the grantee, all (description),\n To have and to hold the premises herein granted unto the grantee,\n............ and assigns forever.\n In witness whereof, the grantor has hereunto set his hand and seal.\n In presence of:\n SCHEDULE K.\n REFEREE'S DEED IN PARTITION.\nStatutory Form G.\n This deed, made the ......... day of ..........., nineteen hundred and\n..........., between ..........., referee duly appointed in the action\nhereinafter mentioned, grantor, and ............, (insert residence),\ngrantee:\n Witnesseth, that the grantor, the referee appointed in an action in\npartition between .........., plaintiffs, and .........., defendants, in\npursuance of a judgment entered at a special term of the .........., on\nthe ....... day of ........., and in consideration of .......... dollars\npaid by the grantee, being the highest sum bid at the sale under said\njudgment, does hereby grant and convey unto the grantee all\n(description),\n To have and to hold the premises herein granted unto the grantee,\n........... and assigns forever.\n In witness whereof, the grantor has hereunto set his hand and seal.\n In presence of:\n SCHEDULE L.\n ASSIGNMENT OF LEASE.\nStatutory Form H.\n Know that .........., assignor, in consideration of ..........\ndollars, paid by .........., assignee, hereby assigns unto the assignee,\na certain lease made by .........., to .........., dated the .........\nday of ........, and recorded on the ....... day of .........., in the\noffice of the .......... of the county of .........., in liber .......\nof conveyances, at page ........, covering premises .........., together\nwith the premises therein described, and the buildings thereon, with the\nappurtenances,\n To have and to hold the same unto the assignee, ......... and assigns,\nfrom the ........ day of .........., nineteen hundred and ..........,\nfor all the rest of ......... years mentioned in the said lease, subject\nto the rents, covenants, conditions and provisos therein also mentioned.\n And the assignor hereby covenants that the said assigned premises are\nfree from incumbrances.\n In witness whereof, the assignor has hereunto set his hand and seal\nthis ....... day of .........., nineteen hundred and .........\n In presence of:\n SCHEDULE M\n MORTGAGE\nStatutory Form M.\n This mortgage, made the ........ day of ..........., nineteen hundred\nand ............, between ..............., (insert residence) the\nmortgagor, and .............. (insert residence), the mortgagee.\n Witnesseth, that to secure the payment of an indebtedness in the sum\nof ......... dollars, lawful money of the United States, to be paid on\nthe ........ day of ..........., nineteen hundred and ..........., with\ninterest thereon to be computed from .........., at the rate of\n.......... per centum per annum, and to be paid ..........., according\nto a certain bond or obligation bearing even date herewith, the\nmortgagor hereby mortgages to the mortgagee (description).\n And the mortgagor covenants with the mortgagee as follows:\n 1. That the mortgagor will pay the indebtedness as hereinbefore\nprovided.\n 2. That the mortgagor will keep the buildings on the premises insured\nagainst loss by fire for the benefit of the mortgagee; that he will\nassign and deliver the policies to the mortgagee; and that he will\nreimburse the mortgagee for any premiums paid for insurance made by the\nmortgagee on the mortgagor's default in so insuring the buildings or in\nso assigning and delivering the policies.\n 3. That no building on the premises shall be removed or demolished\nwithout the consent of the mortgagee.\n 4. That the whole of said principal sum and interest shall become due\nat the option of the mortgagee: after default in the payment of any\ninstallment of principal or of interest for .......... days; or after\ndefault in the payment of any tax, water rate or assessment for\n.......... days after notice and demand; or after default after notice\nand demand either in assigning and delivering the policies insuring the\nbuildings against loss by fire or in reimbursing the mortgagee for\npremiums paid on such insurance, as hereinbefore provided; or after\ndefault upon request in furnishing a statement of the amount due on the\nmortgage and whether any offsets or defenses exist against the mortgage\ndebt, as hereinafter provided.\n 5. That the holder of this mortgage, in any action to foreclose it,\nshall be entitled to the appointment of a receiver.\n 6. That the mortgagor will pay all taxes, assessments or water rates,\nand in default thereof, the mortgagee may pay the same.\n 7. That the mortgagor within ......... days upon request in person or\nwithin ......... days upon request by mail will furnish a written\nstatement duly acknowledged of the amount due on this mortgage and\nwhether any offsets or defenses exist against the mortgage debt.\n 8. That notice and demand or request may be in writing and may be\nserved in person or by mail.\n 9. That the mortgagor warrants the title to the premises.\n In witness whereof this mortgage has been duly executed by the\nmortgagor.\n In presence of:\n SCHEDULE N\n BOND AND MORTGAGE\nStatutory Form MN.\n This bond and mortgage, made the ........ day of ................... ,\nnineteen hundred and ............, between .......................... ,\n (insert residence)\nherein referred to as the mortgagor, and ............................ ,\n (insert residence)\nherein referred to as the mortgagee.\n Witnesseth, that the mortgagor, do hereby acknowledge ................\nto be indebted to the mortgagee in the sum of ................ dollars,\nlawful money of the United States, which the mortgagor do hereby agree\nand bind ................ to pay to the mortgagee .................. on\nthe ...... day of ..............., nineteen hundred and ...............,\nwith interest thereon to be computed from .......................,\nat the rate of ........... per centum per annum, and to be paid\n.........................................................................\n (insert terms of payment of interest and/or principal)\nand to secure the payment of which the mortgagor hereby mortgages to\nthe mortgagee .........................................................\n (description)\n And the mortgagor covenants with the mortgagee as follows:\n 1. That the mortgagor will pay the indebtedness as hereinbefore\nprovided.\n 2. That the mortgagor will keep the buildings on the premises insured\nagainst loss by fire for the benefit of the mortgagee; that he will\nassign and deliver the policies to the mortgagee; and that he will\nreimburse the mortgagee for any premiums paid for insurance made by the\nmortgagee on the mortgagor's default in so insuring the buildings or in\nso assigning and delivering the policies.\n 3. That no building on the premises shall be removed or demolished\nwithout the consent of the mortgagee.\n 4. That the whole of said principal sum and interest shall become due\nat the option of the mortgagee: after default in the payment of any\ninstallment of principal or of interest for .......... days; or after\ndefault in the payment of any tax, water rate or assessment for\n.......... days after notice and demand; or after default after notice\nand demand either in assigning and delivering the policies insuring the\nbuildings against loss by fire or in reimbursing the mortgagee for\npremiums paid on such insurance, as hereinbefore provided; or after\ndefault upon request in furnishing a statement of the amount due on the\nbond and mortgage and whether any offsets or defenses exist against the\nmortgage debt, as hereinafter provided.\n 5. That the holder of this bond and mortgage, in any action to\nforeclose the mortgage, shall be entitled to the appointment of a\nreceiver.\n 6. That the mortgagor will pay all taxes, assessments or water rates,\nand in default thereof, the mortgagee may pay the same.\n 7. That the mortgagor within ......... days upon request in person or\nwithin ......... days upon request by mail will furnish a written\nstatement duly acknowledged of the amount due on this bond and mortgage\nand whether any offsets or defenses exist against the mortgage debt.\n 8. That notice and demand or request may be in writing and may be\nserved in person or by mail.\n 9. That the mortgagor warrants the title to the premises.\n In witness whereof this bond and mortgage has been duly signed and\nsealed by the mortgagor.\n In the presence of:\n SCHEDULE O.\n ASSIGNMENT OF MORTGAGE.\nStatutory Form I. Without Covenant.\n Know that .........., assignor, in consideration of ....... dollars,\npaid by ............, assignee, hereby assigns unto the assignee, a\ncertain mortgage made by ..........., given to secure payment of the sum\nof ........ dollars and interest, dated the ........ day of ...........,\nrecorded on the ........ day of ..........., in the office of the\n........... of the county of ........., in liber ....... of mortgages, at\npage ........, covering premises ....... , together with the bond or\nobligation described in said mortgage, and the moneys due and to grow\ndue thereon with the interest,\n To have and to hold the same unto the assignee, and to the successors,\nlegal representatives and assigns of the assignee forever.\n In witness whereof, the assignor has hereunto set his hand and seal\nthis ........ day of ..........., nineteen hundred and ...........\n In presence of:\n SCHEDULE P\n ASSIGNMENT OF MORTGAGE\nStatutory form J. With covenant\n Know that ..........., assignor, in consideration of ........ dollars,\npaid by .........., assignee, hereby assigns unto the assignee, a\ncertain mortgage made by ............, given to secure payment of the\nsum of ......... dollars and interest, dated the ....... day of\n............, recorded on the .......... day of .............., in the\noffice of the .............. of the county of ..........., in liber\n........ of mortgages, at page ......., covering premises ...........,\ntogether with the bond or obligation described in said mortgage, and the\nmoneys due and to grow due thereon with the interest,\n To have and to hold the same unto the assignee, and to the successors,\nlegal representatives and assigns of the assignee forever.\n And the assignor covenants that there is now owing upon said mortgage,\nwithout offset or defense of any kind, the principal sum of\n.............. dollars, with interest thereon at ....... per centum per\nannum from the ....... day of ........., nineteen hundred and\n............\n In witness whereof, the assignor has hereunto set his hand and seal\nthis ....... day of ........, nineteen hundred and ............\nIn presence of:\n SCHEDULE Q\n RELEASE OF PART OF MORTGAGED PREMISES\nStatutory form K.\n This indenture, made the ....... day of ........, nineteen hundred and\n.........., between .........., party of the first part, and ........,\nparty of the second part,\n Whereas, ............. by indenture of mortgage, bearing date the\n........ day of ........., nineteen hundred and .........., recorded in\nthe office of the .......... of the county of ............., in liber\n........ of mortgages, of section ........, page ........, on the\n......... day of .........., nineteen hundred and ............, for the\nconsideration therein mentioned, and to secure the payment of the money\ntherein specified, did mortgage certain lands and tenements of which the\nlands hereinafter described are part, unto ............,\n And whereas, the party of the first part, at the request of the party\nof the second part, has agreed to give up and surrender the lands\nhereinafter described unto the party of the second part, and to hold and\nretain the residue of the mortgaged lands as security for the money\nremaining due on said mortgage,\n Now this indenture witnesseth, that the party of the first part, in\npursuance of said agreement, and in consideration of ....... dollars,\nlawful money of the United States, ............. paid by the party of\nthe second part, does grant, release and quitclaim unto the party of the\nsecond part, all that part of said mortgaged lands described as follows:\n............................................ (description),\n Together with the hereditaments and appurtenances thereunto belonging,\nand all the right, title and interest of the party of the first part,\nof, in and to the same, to the intent that the lands hereby released may\nbe discharged from said mortgage, and that the rest of the land in said\nmortgage specified may remain mortgaged to the party of the first part\nas heretofore,\n To have and to hold the lands and premises hereby released and\nquitclaimed to the party of the second part, ............ and assigns,\nto .......... and their own proper use, benefit and behoof forever,\nfree, clear and discharged of and from all lien and claim under and by\nvirtue of the indenture of mortgage aforesaid.\n In witness whereof, the party of the first part has signed and sealed\nthese presents the day and year first above written.\nIn presence of:\n SCHEDULE R.\n SATISFACTION OF MORTGAGE.\nStatutory Form L.\n Know all men by these presents, that ....... do hereby certify that a\ncertain indenture of mortgage, bearing date the ....... day of ........,\nnineteen hundred and ..........., made and executed by ..........., to\nsecure payment of the principal sum of .......... dollars and interest,\nand duly recorded in the office of the ............ of the county of\n.............., in liber ....... of mortgages, of section ........, page\n......., on the ....... day of ..........., nineteen hundred and\n............, is paid, and do hereby consent that the same be discharged\nof record.\n Dated the ....... day of ........, nineteen hundred and ..........\n In presence of:\n