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Does Refinancing a Mortgage Trigger the Mortgage Recording Tax in NYC?
Tax Strategy & Planning

Does Refinancing a Mortgage Trigger the Mortgage Recording Tax in NYC?

Refinancing a mortgage in New York City can help homeowners secure better loan terms, but it often comes with additional costs. One of these is the Mortgage Recording Tax (MRT), which can be significant. However, there are ways to reduce or avoid this tax under specific circumstances, such as using a Consolidation, Extension, and Modification Agreement (CEMA).

By George DimovPublished 5 min read
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When Does Refinancing Trigger the Mortgage Recording Tax?

In most cases, refinancing a mortgage in NYC will trigger the Mortgage Recording Tax. This tax is calculated based on the amount of the new loan and ranges from 1.8% to 2.8% of the mortgage amount, depending on the loan size.

For example, refinancing a $500,000 mortgage could result in a tax liability of $9,000 to $14,000, adding to the overall cost of refinancing.

How Can a CEMA Help Avoid the Tax?

A CEMA (Consolidation, Extension, and Modification Agreement) can help reduce or eliminate the Mortgage Recording Tax during refinancing. This agreement allows homeowners to consolidate their existing mortgage with the new loan, avoiding the need to pay the tax on the original loan amount.

With a CEMA:

  • The tax is applied only to the new funds being borrowed, not the entire loan amount.
  • Homeowners save thousands of dollars by avoiding duplicate tax payments on the refinanced portion of their mortgage.

For example:

  • Without CEMA: Refinancing a $500,000 loan triggers the full tax, costing $9,000–$14,000.
  • With CEMA: If the new loan adds $100,000 to the existing $500,000, the tax applies only to the additional $100,000, costing $1,800–$2,800 instead.

Is a CEMA Always an Option?

While a CEMA can provide significant savings, it’s not always available. The lender must agree to the arrangement, and additional legal and administrative fees may apply. These fees could offset some of the savings, so it’s essential to evaluate the cost-benefit of using a CEMA.

What Should Homeowners Consider?

If you’re planning to refinance your mortgage in NYC, understanding how the Mortgage Recording Tax applies is crucial. A CEMA can be a valuable tool for reducing costs, but it requires lender approval and careful planning. Consult with a real estate attorney or financial advisor to explore whether a CEMA is right for your refinancing needs.

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