New York Tax Law (Consolidated Laws)
N.Y. Tax Law § 265
Tax a lien; exceptions
§ 265. Tax a lien; exceptions. The tax in this article imposed shall be deemed and is hereby declared to be a lien upon the mortgage upon which such tax is imposed and upon the debt or obligation secured thereby, except that upon mortgages recorded prior to July first, nineteen hundred six, such lien shall extend only to that portion thereof represented by the amount advanced subsequently to such date and to the debt or obligation secured by such advancement, and for the purpose of enforcing the payment of the tax in this article imposed, such mortgage and the debt thereby secured shall be deemed to be property within this state notwithstanding that such mortgage may be owned by or be in the possession of a person or corporation outside the state and a copy thereof duly certified by the recording officer of any county in which such mortgage is recorded shall, for the purpose of enforcing the payment of such tax, be deemed to be, and shall have the same force and effect as the original mortgage and may be sold to satisfy such tax and upon a sale of the whole or any part thereof, shall carry with it and transfer to the purchaser all the rights, interests and obligations of the mortgagee therein named or his assignee or successor in interest in and to such mortgage and the debt secured thereby, or the part thereof to which such lien attaches, together with interest and costs. The lien of the tax resulting from a deed of trust or a deed absolute on its face which is security for a debt or obligation shall cease ten years after the recording thereof, provided such a mortgage is in the hands of a bona fide purchaser for value.
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In this article (40 sections)
- 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…
- 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…
- 264 · Tax on prior advance mortgages
- 265 · Tax a lien; exceptions
- 266 · Enforcement; procedure
- 267 · Idem