Section 252-A. Other exemptions  


Latest version.
  • 1. Mortgages of real property given to
      secure obligations incurred and given  pursuant  to  the  provisions  of
      section  six-a  of  the  banking law shall be exempt from any tax or fee
      imposed by this article.
        2. Reverse mortgages conforming  to  the  provisions  of  section  two
      hundred eighty or two hundred eighty-a of the real property law securing
      obligations  of mortgagors or exempted therefrom pursuant to subdivision
      four of section two hundred eighty or subdivision four  of  section  two
      hundred  eighty-a  of the real property law shall be exempt from any tax
      or fee imposed by this article. In  each  case  where  an  exemption  is
      claimed  under  this subdivision, the lender shall provide documentation
      in a format approved by the commissioner  of  taxation  and  finance  to
      enable  recording  officers  to  affirmatively determine when a mortgage
      being presented for recording is a reverse mortgage conforming  to  such
      provisions  of  the real property law and entitled to an exemption under
      this subdivision. Where such documentation is not furnished, the maximum
      principal debt or obligation which shall  be  the  measure  of  the  tax
      imposed  by and pursuant to the authority of this article in the case of
      a reverse  mortgage  shall  be  the  proceeds  of  the  loan  which  the
      authorized  lender is obligated to lend the borrower at the execution of
      such mortgage or at any time thereafter but determined without regard to
      any contingency relating to the  addition  of  any  unpaid  interest  to
      principal  or  relating  to any percentage of the future appreciation of
      the  property  securing  the  loan  as   consideration   or   additional
      consideration  for  the  making  of  the  loan.  Provided,  however,  if
      subsequent to the recording of such mortgage,  the  proceeds  which  the
      authorized lender is obligated to lend the borrower are increased at any
      time,  such  new  or  further  indebtedness  or  obligation shall be the
      measure of the tax at such time unless at  that  time  an  exemption  is
      applicable under the first sentence of this subdivision or otherwise.