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This entry was published on 2014-09-22
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SECTION 259
Trust mortgages
Tax (TAX) CHAPTER 60, ARTICLE 11
§ 259. Trust mortgages. In the case of mortgages made by corporations
in trust to secure payment of bonds or obligations issued or to be
issued thereafter, if the total amount of principal indebtedness which
under any contingency may be advanced or accrued or which may become
secured by any such mortgage which is subject to this article has not
been advanced or accrue thereon or become secured thereby before such
mortgage is recorded, it may contain at the end thereof a statement of
the amount which at the time of the execution and delivery thereof has
been advanced or accrued thereon, or which is then secured by such
mortgage; thereupon the tax payable on the recording of the mortgage
shall be computed on the basis of the amount so stated to have been so
advanced or accrued thereon or which is stated to be secured thereby.
Such statement shall thereafter at all times be binding upon and
conclusive against the mortgagee, the holders of any bonds or
obligations secured by such mortgage and all persons claiming through
the mortgagee any interest in the mortgage or in the mortgaged premises.
Whenever a further amount is to be advanced under the original mortgage,
or shall accrue thereon or become secured thereby, the corporation
making such mortgage shall pay the tax on such amount at or before the
time when such amount is to be advanced, accrues or becomes secured and
shall, at the time of paying such tax, file in the office of the
recording officer where such mortgage has been or is first recorded and
with the tax commission a statement, verified by the secretary,
treasurer or other proper officer, of said corporation of the amount of
principal indebtedness to be so advanced, accruing or becoming secured,
and the certification of any bond or bonds by the trust mortgagee shall
be deemed an advance under this article. Such additional tax shall be
paid to the recording officer where such mortgage has been or is first
recorded and a receipt therefor shall be endorsed upon the mortgage and
payment therefor shall be noted in the margin of the record of such
mortgage and if requested a duplicate receipt for such payment shall
also be given to the party paying such tax and the note of such payment
or additional payment or such receipt shall have the same force and
effect as the record of receipt of the tax which under this article is
payable at or before the recording of the mortgage. If such additional
tax is not paid as required by this section, the trust mortgagee shall
not certify any bond or other obligation issued on account thereof. The
corporation making such mortgage or the owner of the property which
secures the mortgage debt shall annually within thirty days after July
first, and until it shall appear by such statement that the maximum
amount of principal indebtedness secured by such mortgage has been
advanced, has accrued or become secured and the tax thereon paid, file
in the office of the tax commission and the recording officer where such
mortgage has been or is first recorded a statement, verified by the
secretary, treasurer or other proper officer of said corporation,
showing:

1. The name of the mortgagor and the mortgagee;

2. The date of the mortgage and the county where first recorded;

3. The maximum amount of principal debt or obligation which under any
contingency may be secured by such mortgage;

4. The amount advanced on such mortgage during the year ending June
thirtieth preceding, with the date and amount of each advancement;

5. In the case of a mortgage recorded prior to July first, nineteen
hundred and six, the first annual statement filed under this section as
hereby amended, shall state the total amount advanced prior to July
first, nineteen hundred and six, and the date and the amount of each
subsequent advancement to the end of the period covered by the
statement.

A failure to file any statement required by this section within the
specified time shall subject the corporation or other person required to
file such statement to a penalty of not less than one dollar nor more
than one hundred dollars for each one thousand dollars of the maximum
amount of principal indebtedness which is or under any contingency may
become secured by the mortgage, which penalty in the aggregate shall not
exceed the sum of five thousand dollars, recoverable by the
attorney-general in an action brought in the name of the people of the
state of New York.