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Types of Deeds in New York. What they are and how to file them.

The types of deeds in New York for transferring real property are:

  • Full Covenant and Warranty Deed
    • warrants that:
      • The grantor is the owner in fee simple and has the right to convey the property
      • The grantee can enjoy the property quietly
      • The property is free from encumbrances unless specifically identified in the deed
      • The grantor will execute or procure any further necessary assurance of the title to the property
      • The grantor will forever warrant title to the property
  • Bargain and Sale Deed without covenant against grantor:
    • Grants and assigns forever to the grantee all of the grantor’s rights to the property
    • Provides an implication that the grantor has title to the property
  • Bargain and Sale Deed with a Covenant Against Grantor:
    • Includes a warranty that the grantor has not done anything which would encumber the property in any way
  • Quitclaim deed:
    • Grantor releases and quitclaims to the grantee all its rights to the property
  • Executor’s Deed
  • Referee’s Deed in Foreclosure
  • Referee’s Deed in Partition

In real estate sales with valuable consideration, a buyer would require warranties from the seller, usually in the form of the full covenant and warranty deed. However, real estate practice also accepts the execution of a bargain and sale deed coupled with title insurance. Title insurance gives the guarantee to the buyer that the seller is transferring good title over the property to the buyer.

The statutory forms for the different types of deeds can be found in Real Property Law § 258.

When recording a deed, you need to fill out Form TP-584 and RP-5217. The type of form will depend on whether you are in NYC or outside of NYC. Those forms are usually filled out and filed online through The Automated City Register Information System (ACRIS).

You can hire a lawyer to help you prepare a deed and to fill out the forms for recording with the proper government agencies in New York.

Should you need assistance in preparing a New York deed or recording it, we at the Law Offices of Albert Goodwin are here for you. We are located in New York, NY. You can call us at 212-233-1233 or send us an email at [email protected].