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A commercial borrower in New York is obtaining a $5 million mortgage that will be assigned to multiple lenders through participation agreements. How does this affect the mortgage recording tax calculation?

Correct Answer

C) Tax is due on the full $5 million mortgage amount regardless of participation

New York mortgage recording tax is calculated on the face amount of the mortgage being recorded, regardless of whether the mortgage will be participated out or assigned to multiple lenders. The tax is due on the full $5 million when the mortgage is initially recorded.

Answer Options
A
Separate tax is due for each lender's participation amount
B
Reduced tax applies because the mortgage will be divided among multiple lenders
C
Tax is due on the full $5 million mortgage amount regardless of participation
D
No tax is due until the participation agreements are finalized

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Related Topics & Key Terms

Key Terms:

mortgage_recording_taxcommercialparticipationfull_amountmultiple_lenders

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