Schedule of Fees
Statutory references for fees are to the Civil Procedure Law and Rules (CPLR) unless noted otherwise.
Assignments
See name of instrument; i.e., Mortgage, Assignment of
Assumed Business Name Certificates (“dba”)
| File or amend certificate – §8021(b)(2) | $ 25.00 |
| File discontinuance – §8021 (b)(2) | No Fee |
Bail Bond Lien against Real Property
| File and index – Lien Law §249 | $ 2.50 |
| If filed by State Attorney General or district attorney – Lien Law §249 | No Fee |
| File certificate of discharge – Lien Law §249 | $ 2.50 |
Building Loan Contract
| File – §8021(a)(1) | $ 25.00 |
Census
| Certificate of – §8021(c)(1) | $ 5.00 |
Certificate CPLR §8020 – County Clerk As Clerk of Court
(1) Issuing any certificate not otherwise provided by CPLR Art. 80
Certificate CPLR §8021 – County Clerk Acting Other Than as Clerk of Court
| (c) Issue certificate other than in connection with papers or instruments relating to real property or filed under the Uniform Commercial Code | $ 5.00 |
| (d) Certify to search of records other than records filed under Uniform Commercial Code for consecutive 2-year period or fraction thereof, for each name, for each record type (excluding fee for Search) | $ 5.00 |
Copies – other than records filed under the Uniform Commercial Code
CPLR §8019 – County Clerk Generally
(f) (1) Prepare a copy of any paper or record on file in the office, minimum of $1.30 for up to 2-page document, plus $0.65 each additional page to maximum of $40.00
(2) Certify a prepared copy of any paper or record on file in the office, minimum of $5.20 for up to 8-page document, plus $0.65 each additional page to maximum of $40.00
(3) Prepare and certify a copy of any record or paper on file, minimum of $5 for up to 4-page document, plus $1.25 per page to maximum of $40.00
Commissioner of Deeds
| File and index certificate of appointment – §8021(b)(8) | $ 10.00 |
| Issue certificate authenticating act of – §8021(c)(5) | $ 3.00 |
Court Fees – Supreme or County Court
| Assign Index Number – §8018(a)(l)(i) and §8018(a)(3) | $ 210.00 |
| Assign Index Number in Residential Mortgage Foreclosure – §8018(a)(l)(ii) | $ 400.00 |
| Request for Judicial Intervention | $ 95.00 |
| File Motion or Cross-Motion | $ 45.00 |
| File Note of Issue – Jury – §8020(a) | $ 95.00 |
| File Note of Issue – Non-jury – §8020(a) | $ 30.00 |
| File later Demand for Jury – §8020(c)(2) | $ 65.00 |
| File Stipulation of Discontinuance | $ 35.00 |
| File Notice of Appeal from Supreme or County Court | $ 65.00 |
| File Small Claims Assessment Review | $ 30.00 |
| File Separation/Pre-nuptial/ Post-nuptial Agreement /Property Settlement Agreement | $ 5.00 |
Deeds
Record and index – §8021(a)(4)
| Cover Page (affixed by County Clerk) | $ 45.00 |
| Plus per page | $ 5.00 |
For example, the cost or recording a 1-page deed will be $50 plus the cost of filing a TP-584 and RP-5217.
| Index any cross reference – §8021(a)(7) | $ 0.50 |
| TP- 584 Gains Tax Affidavit | $ 10.00 |
| Equalization (RP-5217) (residential & agricultural) | $ 125.00 |
| Equalization (RP-5217) (commercial and all others except residential and agricultural) | $ 250.00 |
| Transfer Tax (See Heading) |
Discharge
See name of Instrument; i.e., Mortgage, Discharge of
Execution Papers – Money Judgment
| To prepare – §8021(c)(2) (Includes 6 copies) | $ 11.50 |
| File return of execution | No Fee |
Exemplification
| In addition to fee for certified copy – §8020(f)(2), §8021(c)(7)10 | $ 10.00 |
Federal Tax Lien
| File, refile or discharge | $ 40.00 |
| Search per name | $ 25.00 |
File
| Any instrument required or permitted by law to be filed unless otherwise expressly provided – §8021(a)(1), §8021(b)(1) | $ 5.00 |
Fishing License
See NY Department of Environmental Conservation website
Hospital Lien
| File notice of lien – §8021(b)(6) | $ 5.00 |
| File other papers affecting lien – §8021(b) | No Fee |
Hunting License
See NY Department of Environmental Conservation website
Land Contracts
Contracts for sale of real property, if purchaser has or is entitled to possession before transfer of title, are subject to the payment of transfer tax as well as mortgage tax based on amount due to seller at time of execution. Mortgage and Transfer tax may apply.
Liens
See type of lien, i.e., Federal Tax Lien or Judgment
Lis Pendens
See Notice of Pendency
Maps (Subdivision or Condominium Floor Plans)
| File and indexing – §8021(a)(2), per page | $ 10.00 |
| Preparing a copy – §8021(a)(8) minimum, per page | $ 5.00 |
| Mailing, plus | $ 3.50 |
Mechanic’s Lien
| File Affidavit of Service | $ 5.00 |
| File notice of lien – §8021(b)(4) | $ 15.00 |
| File assignment of lien – §8021(b)(1) | $ 5.00 |
| File notice or order affecting lien – §8021(b)(4) (i.e., continuing, amending, canceling) | No Fee |
| Discharging by deposit with Clerk – 8021(b)(4) | $ 8.00 |
Money Judgment
| Entering, docketing, indexing, filing of Default Judgment – §8020(a) | $ 45.00 |
| Docketing satisfaction or assignment – §8018(d)(3) | No Fee |
| File Transcript – §8021(b)(7) | $ 10.00 |
| Issuing a Transcript – §8021(c)(3) | $ 5.00 |
| Issuing an Execution – §8021(c)(2) (includes copies) | $ 11.50 |
Mortgage
Record and Index – §8021(a)(4)
| Cover Page | $ 45.00 |
| Plus per page | $ 5.00 |
For example, the cost or recording a 4-page mortgage/mortgage modification will be $65 plus the cost of any mark-offs ($.50 each)
| Index and cross reference – §8021(a)((9) each | $ 0.50 |
| Assignment of, same fee as Record and Index, above |
| Blanket Assignment for each in excess of one – §8021(a)(4) | $ 3.50 |
| Plus cross-reference | $ 0.50 |
| Discharge of, same fee for Record and Index, above – §8021(a)(10) |
Mortgage Recording Tax (Tax Law, Art.11)
Mortgage tax in Erie County is 1% of the total mortgage amount.
For convenience, the statutory formula for determining the applicable taxes in Erie County are expressed as follows:
- Single or Double Dwelling
- By Mortgagor – 1/2 of 1% of first $10,000 or total amount secured, 3/4 of 1% of everything over $10,000
- By Mortgagee – 1/4 of 1% of total amount secured
One or two family dwelling statement must appear on the mortgage
- 1% of total amount secured all payable by the mortgagor
NOTE: Total amount secured is rounded off to nearest $100; i.e., if mortgage amount is $10,050.00 tax is computed on $10,000.00. If mortgage amount is $10,050.01, tax is computed on $10,100.00.
Mortgage Tax Exemptions:
If an exemption from mortgage tax is claimed, an affidavit stating the basis for the exemption, including a reference to the applicable law, must be filed simultaneously with the recording of the mortgage or supplemental instrument, i.e., qualifying mortgage to individual, mortgage to or from exempt entity, correcting mortgage, re-recorded mortgage, modification agreement, recasting or restatement of mortgage.
| File Exemption Affidavit | $ 5.00 |
Notaries Public
| File and index certificate of appointment or official character – §8021(b)(8) | $ 10.00 |
| Issue certificate of appointment – §8021(c)(4) | $ 5.00 |
| Issue certificate authenticating notary’s act – §8021(c)(5) | $ 3.00 |
| Notary Renewal or original 4-year term | $ 60.00 |
Notice of Attachment
| File – §8021(a)(10) | $ 15.00 |
| Continuing or cancelling | No Fee |
