New York Deed Transfer & Title Risk Analyzer

Select NY Transfer Scenario:

Conveyance Workbench

Configure instrument, liens, and acquisition mechanics

County Jurisdiction Governs local transfer tax surcharge and county clerk recording fees.

Proposed Deed Instrument

Quitclaim Deed RPL § 258 Sched. G

Releases whatever interest grantor has (if any). Zero covenants; zero grantor ownership warranty.

Bargain & Sale w/ Covenants RPL § 258 Sched. C/D

NY Commercial standard. Warrants grantor has not personally encumbered property during tenure.

Full Warranty Deed RPL § 258 Sched. A/B

Full 6 statutory covenants spanning entire chain of title. Grantor defends title against all claims.

Consideration / Purchase Price ($) Trigger for NYS Real Estate Transfer Tax (Form TP-584 @ $2 per $500).

Active Encumbrances & Clouds on Title

County Municipal Tax Lien +$45,000

Super-priority in rem lien. Runs with the land regardless of deed language.

Unrecorded Sibling / Heir Claim $0 (Cloud)

Potential unprobated intestate co-tenant with fractional legal title interest.

Unsatisfied Prior Mortgage +$210,000

Foreclosable lien by institutional bank unless payoff and satisfaction filed.

Recorded Neighbor Right-of-Way Easement $0 (Easement)

Appurtenant access burden; requires formal signed abandonment to extinguish.

Title Insurance Commitment

Statutory Covenant Enforceability (NY Real Property Law § 258) Zero Grantor Guarantees

Statutory Covenant	Quitclaim Deed	Bargain & Sale w/ Covenants	Full Warranty Deed	Current Recourse Status
Seisin / Right to Convey Warrants grantor actually holds valid legal title	❌ None (as-is release)	❌ None implied	✅ Grantor warrants title	Grantee receives no claim if grantor owns nothing
Quiet Enjoyment & Encumbrances Protection against unpaid liens & claims	❌ None. Grantee takes subject to all liens	⚠️ Warrants only against Grantor's Own Acts	✅ Absolute defense against all past clouds	Municipal tax lien survives; zero grantor recourse
Pre-Tenure Boundary Liabilities originating prior to grantor acquisition	❌ No recourse	❌ Not covered (pre-dates grantor)	✅ Fully covered	Pre-existing clouds fall entirely on buyer
Duty to Defend Title in Court Grantor pays legal costs against third-party heirs	❌ Grantee defends alone	❌ No affirmative defense duty	✅ Grantor must defend or indemnify	Grantor can walk away without liability

NY Real Property Law § 258 Notice: A quitclaim deed in New York functions solely as an estoppel of whatever claim the grantor possessed at the time of execution. It gives no warranty that the grantor owned 100%, 10%, or 0% of the subject real estate.

Surviving Encumbrances & Title Cloud Diagnostics 2 Active Defects

NYS Recording & Tax Basis Traps TP-584 & RP-5217

Estimated NYS Transfer Tax (Form TP-584):

$2,800.00

$2.00 per $500 of consideration. Typically paid by Grantor unless contractually shifted.

Mandatory Recording Documentation:

Form RP-5217-PDF: Real Property Transfer Report. Required by NY Office of Real Property Services.
Form TP-584 / TP-584-NYC: Combined Real Estate Transfer Tax Return and Credit Line Mortgage Certificate.
Westchester County Surcharge: County clerk recording fees, transfer tax indexing, and municipal tax clearance certificates.

Capital Gains Basis Trap:

Lifetime Quitclaim Gift vs. Inherited Step-Up: If transferred as an intra-family lifetime gift without consideration, the grantee inherits the grantor's historical carryover basis. If acquired via formal testamentary probate, grantee benefits from IRC § 1014 stepped-up basis to fair market value on date of death.

Required Title Due Diligence 3 Action Items

Conveyance Workbench

CRITICAL GRANTEE EXPOSURE: $45,000 Surviving Liability