N.Y. Tax Law Section 257-A
Refund of mortgage taxes after rescission of certain credit transactions


1.

As used in this section, a “statutory right of rescission” means the right of an obligor to rescind a consumer credit transaction in which a security interest, including a real property mortgage, is retained or acquired in any real property which is used or expected to be used as a residence of the obligor provided for in section one hundred twenty-five of title one, the “Truth in Lending Act,” of the federal Consumer Credit Protection Act (Public Law 90-321; 82 Stat. 146 et seq.) and in the regulations issued by the Board of Governors of the Federal Reserve System pursuant to said title of said act.

2.

A person who has paid the taxes imposed by this article on the recording of a mortgage of real property has a right to a refund of the mortgage taxes so paid if a mortgagor upon the mortgage exercises the statutory right of rescission with respect thereto and a discharge of the mortgage has been recorded.

3.

The State Tax Commission shall provide by regulation how a person having a right to a refund of mortgage taxes pursuant to subsection two may obtain the refund and the cities, towns, villages or officers to which or to whom the mortgage tax moneys have been paid, paid over, distributed, or allotted shall refund such mortgage tax moneys to a person having a right to the refund thereof.

Source: Section 257-A — Refund of mortgage taxes after rescission of certain credit transactions, https://www.­nysenate.­gov/legislation/laws/TAX/257-A (updated Sep. 22, 2014; accessed Oct. 26, 2024).

250
Definitions
251
Procedure for review
252
Exemptions
252‑A
Other exemptions
253
Recording tax
253‑A
Recording tax by a city of one million or more
253‑B
Credit line mortgage
253‑C
Recording tax imposed by the county of Nassau
253‑D
Recording tax imposed by the city of Yonkers
253‑E
Recording tax imposed by the county of Broome
253‑F
Recording tax imposed by the county of Rockland
253‑G
Recording tax imposed by the county of Westchester
253‑H
Recording tax imposed by the county of Lewis
253‑I
Recording tax imposed by the county of Columbia
253‑J
Recording tax imposed by the county of Sullivan
253‑J*2
Recording tax imposed by the county of Hamilton
253‑J*3
Recording tax imposed by the county of Essex
253‑J*4
Recording tax imposed by the county of Schoharie
253‑K
Recording tax imposed by the county of Genesee
253‑L
Recording tax imposed by the county of Rensselaer
253‑M
Recording tax imposed by the county of Wayne
253‑N
Recording tax imposed by the county of Wyoming
253‑O
Recording tax imposed by the county of Chautauqua
253‑P
Recording tax imposed by the county of Albany
253‑R
Recording tax imposed by the county of Schenectady
253‑S
Recording tax imposed by the county of Steuben
253‑T
Recording tax imposed by the county of Yates
253‑U
Recording tax imposed by the county of Herkimer
253‑V
Recording tax imposed by the county of Cortland
253‑W
Recording tax imposed by the county of Warren
253‑X
Recording tax imposed by the county of Cattaraugus
253‑X*2
Recording tax imposed by the county of Greene
253‑Y
Recording tax imposed by the county of Madison
253‑Y*2
Recording tax imposed by the county of Livingston
253‑Y*3
Recording tax imposed by the county of Washington
253‑Z
Recording tax imposed by the county of Otsego
253‑Z*2
Recording tax imposed by the county of Chenango
254
Optional tax on prior mortgages
255
Supplemental mortgages
256
Mortgages for indefinite amounts or for contract obligations
257
Payment of taxes
257‑A
Refund of mortgage taxes after rescission of certain credit transactions
258
Effect of nonpayment of taxes
258‑A
Payment of tax on instruments not recorded
259
Trust mortgages
260
Determination and apportionment by the state tax commission
261
Payment over and distribution of taxes
262
Expenses of officers
263
Supervisory power of commissioner of taxation and finance and comptroller
264
Tax on prior advance mortgages
265
Tax a lien
266
Enforcement
267
Idem

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 257-A’s source at nysenate​.gov

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