New York Codes, Rules and Regulations
Title 20 - DEPARTMENT OF TAXATION AND FINANCE
Chapter IV - Sales And Use And Other Miscellaneous Taxes
Subchapter D - Mortgage Recording Taxes
Part 641 - Definitions
Section 641.6 - Mortgage defined
Current through Register Vol. 46, No. 12, March 20, 2024
Tax Law, § 250
(a) Mortgage means and includes an instrument in writing which imposes a lien on or affects the title to real property or both real and personal property with such property being used as a security for the payment of money or the performance of an obligation, and includes an executory contract for the sale of real property or both real and personal property under which the purchaser has, or is entitled to, possession of the real property prior to the delivery of a deed. The term mortgage shall also include a contract or agreement by which the indebtedness secured by any mortgage is increased or added to, and a contract or agreement pursuant to which "new funds," as defined at section 641.9 of this Part, are advanced or re-advanced under a prior recorded mortgage of real property. The term mortgage also includes an assignment of rents to accrue from tenancies, subtenancies, leases or subleases, but only with respect to real property located within any city in New York State having a population of one million or more.
(b) The following are examples of instruments which are mortgages when given as security for a debt or the performance of an obligation:
(c) The following are examples of instruments or agreements which are not mortgages: