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A cooperative apartment purchaser in New York City is obtaining a share loan to purchase co-op shares. How does New York mortgage recording tax apply to this transaction?

Correct Answer

D) No mortgage recording tax applies since share loans are not mortgages on real property

Co-op share loans are secured by personal property (shares in the cooperative corporation) rather than real property. Since New York mortgage recording tax applies only to mortgages on real property, share loans for cooperative apartments are not subject to mortgage recording tax.

Answer Options
A
Full mortgage recording tax applies since the loan is secured by real property
B
Reduced mortgage recording tax applies since co-ops are personal property
C
Mortgage recording tax applies only to the portion secured by the proprietary lease
D
No mortgage recording tax applies since share loans are not mortgages on real property

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Related Topics & Key Terms

Key Terms:

mortgage_recording_taxcooperativeshare_loanpersonal_propertyexemption

Related Concepts

A trustee sale is a type of foreclosure where a trustee, appointed under a deed of trust, sells the property at auction to satisfy the debt.

Usury is the practice of charging an interest rate that exceeds the maximum rate permitted by state law. Usury laws protect borrowers from excessive interest charges on loans.

A VA loan is a mortgage guaranteed by the Department of Veterans Affairs available to eligible veterans, active-duty service members, and surviving spouses. It offers no down payment and no private mortgage insurance requirements.

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