Section 254. Optional tax on prior mortgages  


Latest version.
  • Whenever any mortgage other
      than a mortgage specified in section two hundred and sixty-four has been
      recorded prior to July first, nineteen hundred and six, the record owner
      thereof may file with the recording officer of the county in  which  the
      real property, or any part thereof, on which said mortgage is a lien, is
      situated, a written statement under oath verified by the record owner or
      the  agent  or  officer of such record owner describing such mortgage by
      giving the date of the same and the liber and page of the record thereof
      together with the names of the parties thereto,  specifying  the  amount
      then  remaining  unpaid  on  the debt or obligation secured thereby, and
      electing that it shall become subject to the tax prescribed  by  section
      two  hundred  and  fifty-three  of this chapter. Whenever any unrecorded
      mortgage has been executed and delivered prior to July  first,  nineteen
      hundred  and six, the owner thereof may record the same upon filing with
      the recording officer a similar statement and paying the tax  as  herein
      prescribed. A tax shall thereupon be computed, levied and collected upon
      the amount of the principal debt or obligation unpaid at the time of the
      filing  of  such  statement,  or  of  the recording of such mortgage and
      filing of such statement. On the payment of such tax as herein provided,
      the recording officer shall note on the margin of  the  record  of  such
      mortgage  the  fact of such statement and of the amount of the tax paid,
      attested by his signature, whereupon  such  mortgage  and  the  debt  or
      obligation  secured  thereby  shall  be  entitled  to the exemptions and
      immunities conferred by this article, and all of the provisions of  this
      article  shall  thereafter  be applicable to said mortgage. Whenever the
      original mortgage is presented to the clerk together with the  statement
      he  shall  also note on said original mortgage the fact of the filing of
      the said statement and also the amount of the tax paid duly attested  by
      his  signature,  which  indorsement  shall be conclusive evidence of the
      payment of such tax.