In New York, real estate loans are secured by a mortgage (not a deed of trust). Use this form for a private, family, or seller-financed loan. The borrower signs it, and it is recorded. Secure a private, family or seller-financed loan against New York real estate.
Serving New York. New York appointments require New York-commissioned notaries.
Secure a private, family or seller-financed loan against New York real estate.
In New York, real estate loans are secured by a mortgage (not a deed of trust). Use this form for a private, family, or seller-financed loan. The borrower signs it, and it is recorded.
What you'll need
Read this packet's instructions and confirm the recipient's required form.
Gather the names, dates and supporting records requested in the PDF.
Bring acceptable identification for any required notarial act.
How to complete it
Record and return to (top of Page 1) Enter who should receive the recorded original, and the tax map Section, Block, and Lot. Leave the space above the dotted line blank for the County Clerk.
Fill in the parties, loan, and premises (Pages 1–2) Name the mortgagor (borrower) and mortgagee (lender), the loan amount, and the full legal description.
Sign before a notary (Page 3) Each borrower signs. Bring a current, government-issued photo ID. Signing outside New York? The notary attaches an out-of-state acknowledgment (RPL § 309-b). We can handle that.
Record the original with the County Clerk of the county where the property is located (in New York City, the City Register through ACRIS).
New York charges a mortgage recording tax when the mortgage is recorded. A mortgage affidavit may be required.
Pair it with a signed Promissory Note. Consumer and residential loans have additional rules; talk to an attorney.
Describe the note, ownership and circumstances of its loss for the New York recipient. The affidavit alone does not establish every condition needed to enforce the debt or release recorded security.
Record the principal, payment dates, interest and other loan terms in the New York note. Interest and charges need legal review; a notarization does not establish that a loan's terms are enforceable.
When a New York mortgage is paid off, the holder signs this satisfaction so the County Clerk can discharge the mortgage from the records. Private lenders and family loans often need it.
These forms are a free convenience, not legal advice. First Choice Mobile Notary & Apostille is not a law firm. Consult an attorney licensed in the relevant state for legal questions.