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Do I Have To Pay A Mortgage Recording Tax In NY Under A NY CEMA If The Refinanced Amount With The Ex

Profile picture for ziggy280
Do I Have To Pay A Mortgage Recording Tax In NY Under A NY CEMA If The Refinanced Amount With The Existing Lender Is Less Than The Original Amount Borrowed?
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July 30 2009 - Queens
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Answers (4)

Profile picture for Direct Lender
No, keep in mind not all Lenders allow a Cema.
Who's your current Lender?
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August 20 2009
Profile picture for Evan LeFloch
The mortgage tax is attached to the property; not the person.  So it is possible to get a CEMA provided both lenders will allow it.  Take the new loan amount and subtract the remaining principal balance on the current loan (not the original loan amount!).  Multiply that figure by the rate in Queens which is 1.8% to the borrower on a single family home.  So, if you're taking out a new loan of $500k, and the old loan was $400k, you would have to pay $1800 in mortgage tax.  Much better than the $9k you would pay if you didn't do a CEMA.  The old bank will charge you some fees (500-1200) and the new bank's attorney may charge a couple hundred extra because of the extra work done on a CEMA.  In Queens, it's almost always worth it to do a CEMA unless the current existing principal balance on the home is very small.
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August 20 2009
Profile picture for Diamond Funding Corp
On a CEMA transaction, you pay taxes on the difference if the new mortgage is higher.

Fees vary from lender to lender and can be very expensive.  I believe BOFA is charging 0.75 points for a CEMA refinance.  Why?  I don't know, but it eats into the savings the CEMA was intended for.

Have your loan officer check with each lender until you find one that has a lower fee.
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August 02 2009
Profile picture for Chris Corica
No, but there are fee's involved with doing a CEMA and not all banks will do them.
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August 02 2009
 

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