THE FOLLOWING NOTICE HAS BEEN POSTED ON THE WEB PAGE OF

THE SUFFOLK COUNTY CLERK

LAND RECORDINGS CONTINUE IN SUFFOLK COUNTY

Due to the COVID19 outbreak and out of an abundance of caution, the Suffolk County Clerk’s Office has closed its building operations to the public.  The health and safety of our employees and constituents is of utmost concern.   By executive order, our on-site staff has been severely reduced with the majority of employees now working from home.  Business continuity has been achieved as we are able to process documents remotely with minimal processing impact.

As a recording office, we know our job is essential to the economy and we are very much aware that the land title and mortgage banking industries rely heavily on our documentation and the timely processing of same.

Title Examiners.  The SCCO has provided a NO COST 24/7 remote access portal for viewing all records that are currently in the system which dates back to 1987 for land records and 2004 for judgements, liens, lis pendens and uniform commercial codes. Automated requests for documents beyond these dates will also be accommodated through the same remote access portal.  Those that wish to download images have that capability as well with a new convenient feature that accepts credit cards.  Help Desk resources are also available to account users. 

Communications.  The status of our office operations is available on the Clerk’s website www.suffolkcountyny.gov/clerk.  Here is a quick view:

·      Closed to the public, but processing

o   E-Recording  (Simplifile, CSC, EPN)

o   Mail (we strongly recommend FED EX, UPS, USPS express)

o   Drop-offs in the Lobby (subject to change)

·      Documents being processed

o   Paper recordings

o   E-Recordings (Simplifile, CSC, EPN)

§  Most types of land documents are accepted

o   Documents will be processed in date-received order for all incoming submissions (E-recording, mail and drop-offs)

·      Website

o   www.suffolkcountyny.gov/clerk

o   Recording questions recording@suffolkcountyclerk.com

o   E-Recording questions erecording@suffolkcountyclerk.com

·      Searching

o   Index (1987)

o   Grantor/grantee books on line (1893 forward)

o   Document images (1987 land records/2004 liens, judg, UCC, LP)

o   Print options – available

·      Acceptance of Remote On-Line Notarization (RON)

o   Yes.  We will accept RON provided that the notary acknowledgment is modified to include that it was performed in full compliance within the requirements set forth in Gov. Executive Order 202.7

·      Anticipated return to regular business operations

o   Unknown

·      Outreach

o   Website updates

o   Automated VOIP system 631-852-2000

o   Social media (County Clerk Pascale FB page)

o   PRIA, NYSLTA, E-Recording providers 

Office of the Suffolk County Clerk

Judith A. Pascale

www.suffolkcountyny.gov/clerk

We received the following update from Chris Como, Official Examiner of Title, Suffolk County Clerk's Office.

In accordance with directives from the Governor and County Executive, staffing at the County Clerk’s Office will be extremely limited in the upcoming weeks until further notice.

It is advised that all documents required to be recorded or filed be sent in via a trackable mail service as drop off availability in the lobby may be ending shortly without notice.

We are currently working on making printing available to those accessing our office remotely and have accounts within the next 48 hours.  Accounts can be credited by mailing in checks to the County Clerk’s Office (attention Public Access).  We also anticipate you will have the ability credit your accounts using credit cards once the printing function is available.   A separate e-mail will be sent once this is available.

While we are absorbing the licensing fees that permit off site access to our records, the County Clerk does not have the authority to waive any fee set by statute.  We will gladly comply with any State law or order directing these fees be waived.

For those seeking copies of previously recorded/filed documents or maps not available via remote access, they may purchased by using the attached form submitted to recordrequest@suffolkcountyny.gov.  Requests may also be made by mail using the same form.

Questions regarding filings/recording that are strictly of an immediate nature should be make directly to the appropriate department (see website for more info).

We are continuing to do our best with the limited resources to provide as much access to our records and staff as possible.  Since circumstances and government mandates are changing by the hour, any and all current practices are subject to change with no or very limited notification.  We will do our best to keep you informed as we have additional information. Please continue to check our website for updates as well.

Christopher Como, Esq.

Official Examiner of Title

Suffolk County Clerk's Office

310 Center Drive

Riverhead, New York 11901

(631)852-2000 ext. 112

IMPORTANT NOTE - The content of this post was emailed to NYSLTA Members on October 30, 2019.

That email included an addendum to the TP-584, which was inaccurate.  The file attached to this page is a corrected version and may be used anywhere in NY state, including NY City.

The purpose of this memo is to clarify the impact of the changes to Section 1409(a) of the New York Tax Law, which became effective September 13, 2019.

As you are aware, the new legislation requires the real property transfer tax return (the TP 584 and the TP584-NYC) relating to residential property (containing one- to four-family dwelling units) sold or purchased by a “Limited Liability Company” (LLC) to disclose information on the ownership of such company.

The legislation requires that the TP584 and the TP584-NYC MUST be accompanied by documentation that identifies the names and addresses of all members, managers and other authorized persons of the LLC.

Further, if any member of the LLC is another LLC or other business entity, all shareholders, directors, officers, members, managers, partners and authorized persons of said LLC or business entity must be listed by name and address until “full disclosure of ultimate ownership by natural persons is achieved. 

We realize that in some cases (e.g. a publicly traded corporation) this requirement will be practically impossible to comply with; we have been unofficially advised that we should submit the addendum with a statement that the entity is a publicly traded corporation and that the Clerk’s should accept the deed for recordation.

Therefore,

• If you are recording a deed; AND
• it is for residential real property containing a one- to four- family dwelling unit, AND
• a grantor or a grantee is an LLC

an addendum must be attached to the TP584 or the TP584-NYC identifying the names and addresses of all LLC members.

Although the State has not promulgated an “official” addendum to the TP forms, we attach a link to a form which has been accepted by the County Clerks.

Click the link below for a sample addendum which can be completed and submitted to fulfill the above requirements.

The Department of Taxation & Finance provides some guidance and examples here: https://www.tax.ny.gov/bus/transfer/rptidx.htm#conveyances

The NYSLTA has been actively engaged with the Dept of Taxation & Finance, the County Clerks, and the State, City and County Bar Associations regarding the foregoing.

Additionally, we have reached out to the sponsors of the legislation to provide input when an amendment is under consideration.

Further memos with guidance will be issued by NYSLTA, if and when the New York State Department of Taxation and Finance issues same.

Two weeks ago, NYSLTA Members received an email alert to an important change in the exemption to the IDA mortgage tax.  Here is the alert we distributed on November 10, 2016.  Note - there has been some confusion about this change. We believe the information posted below to be complete and accurate.

A bill was passed by the State legislature and signed by Governor Cuomo.

This  bill currently in effect:

"prohibits Industrial Development Agencies (IDAs) from exempting the additional mortgage recording tax  imposed  on  properties located  within  the  Metropolitan Commuter Transportation District, the Niagara Frontier Transportation District, the  Rochester-Genesee  Transportation  District,  the  Capital District Transportation District, and the Central New York Regional Transportation District".

Attached is a link to Technical Memorandum, TSB-M-16(1)R, Industrial Development Agencies and Authorities in Transportation Districts No Longer Exempt from the Additional Mortgage Recording Tax. 

The bill was signed into law on September 30, 2016, and, as drafted, has an immediate effective date.    The approval memo signed by Governor Cuomo indicated that to allow for the completion of several projects, the governor and the Legislature agreed to a chapter amendment extending the effective date until July 1, 2017.   

However, until this chapter amendment is enacted, mortgages executed, given, made, transferred, or assigned by or to an IDA, an agent of the IDA, or an entity receiving financial assistance from an IDA are not exempt from the additional mortgage recording tax imposed by Tax Law section 253(2) when the real property that is subject to the mortgage is located in a county that is part of a transportation district.

https://www.tax.ny.gov/pdf/memos/mortgage/m16_1r.pdf 

Amazing stuff you can find out if you just ask.  

Last week, the Nassau County Clerk told me that the section/block/lot on the Assessor’s Tax Map Verification Letter is often incorrect. So if you are recording documents with Nassau County, use the S/B/L from the legal description. Do not use the S/B/L from that $225 letter you just bought.

According to the County Clerk, the maps used by the Assessor do not agree with the maps used by the Clerk.

As my grandmother used to say, “Who knew?”