There is a newer version of the New York Consolidated Laws
2006 New York Code - 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 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:
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