Begin forwarded message:
From: “Wilson, Mark” <MWilson@NYSBA.ORG>
Sent: Tuesday, April 28, 2015 5:08 PM
Subject: NYS Form RP-5217
I am writing to county bar leaders and directors for input regarding New York State form RP-5217 Equalization & Assessment forms for real property deed transfers.
Concerns regarding the form originated with Kevin Allen, President of the Orleans County Bar Association, who noted that quite a few solo and small-firm practitioners were having issues with county clerks not accepting modified Form RP-5217.
The RP-5217-PDF Real Property Transfer Report in NYS was originally a four-page carbon-copy form available at the County Clerk’s office and required for recording any deed. In 2013 the form became a one-part downloadable barcoded pdf form used to document the information associated with real property transfers for approved counties within New York State. An original RP-5217-PDF form must still accompany all deeds and correction deeds upon filing. Here is information about the RP-5217, where instructions note no handwritten changes.
The problem noted by the Orleans County Bar is that certain counties are not accepting modified forms: For example, if the phone number is crossed out, the clerk rejects the filing.
Because the new form is bar coded, the new signed form would be required and the deed cannot be recorded. Only the date of closing can be filled in or handwritten in for certain counties. For closings where the buyer or seller may not be local, or if a senior citizen has to come in and sign and resign this causes inconveniences, especially for solos if the form has to be redone online each time there is a change – both buyer and seller sign this form.
The Orleans County Bar is concerned with the inconsistency among counties and the practice management issues with rekeying the form each time there is a change because of the bar code. It appears certain counties take modified forms without issue while others are rejecting it outright. It was noted that middle initials being added triggers the form to be rejected.
If your association members have had similar inconsistencies filing Form 5217 with your County Clerk, please let me know. We want to chronicle the concerns of all bar associations regarding this issue.
Thank you and with best regards,
Mark Wilson Manager of Bar Services
New York State Bar Association
One Elk Street, Albany, NY 12207