N.Y. Tax Law § 253-b: Credit line mortgage

§ 253-b. Credit line mortgage. 1. In the case of a mortgage which is

a credit line mortgage, as defined in subdivision two of this section,

of real property principally improved or to be improved by a one to six

family owner-occupied residence or dwelling, the principal debt or

obligation which is or under any contingency may be secured at the date

of execution of such mortgage or at any time thereafter within the

meaning of this article shall mean the maximum principal amount

specified in such mortgage. If the tax imposed by and pursuant to the

authority of this article is paid on such maximum principal amount, no

further tax shall be payable on advances or readvances by the lender

pursuant to the recorded primary mortgage, provided such advances or

readvances are made to the original obligor or obligors named in such

recorded primary mortgage. In the event the maximum principal amount of

a credit line mortgage is increased, a tax is imposed as provided in

section two hundred fifty-three and pursuant to the authority of section

two hundred fifty-three-a of this article on such new or further

indebtedness or obligation when the instrument evidencing such further

indebtedness is recorded. In order to better enforce the provisions of

this subdivision and for the privilege of recording an instrument

evidencing a sale or transfer of real property on which the lien of a

credit line mortgage remains outstanding, in the event that a credit

line mortgage remains outstanding after the sale or transfer of the real

property securing the credit line mortgage to a person or persons who is

or are not related to the original obligor or obligors by blood,

marriage or adoption, or where such credit line mortgage that remains

outstanding after such sale or transfer is a credit line mortgage of

property other than real property principally improved or to be improved

by a one to six family owner-occupied residence or dwelling, taxes are

imposed at the rates applicable under section two hundred fifty-three

and pursuant to the authority of section two hundred fifty-three-a on

the principal debt or obligation which is or under any contingency may

be secured at the date when the instrument evidencing the sale or

transfer is recorded and no such instrument shall be recorded until the

taxes imposed in this section are paid.

1-a. In the case of a mortgage which is a credit line mortgage, as

defined in subdivision two of this section, of property other than real

property principally improved or to be improved by a one to six family

owner-occupied residence or dwelling, and where such mortgage is of an

amount less than three million dollars, the tax imposed by and pursuant

to the authority of this article shall be imposed and paid pursuant to

the provisions of subdivision one of this section.

2. For the purposes of this section, a "credit line mortgage" shall

mean any mortgage or deed of trust, other than a mortgage or deed of

trust made pursuant to a building loan contract as defined in

subdivision thirteen of section two of the lien law, which states that

it secures indebtedness under a note, credit agreement or other

financing agreement that reflects the fact that the parties reasonably

contemplate entering into a series of advances, or advances, payments

and readvances, and that limits the aggregate amount at any time

outstanding to a maximum amount specified in such mortgage or deed of

trust. For the purpose of this section, "credit line mortgage" shall not

include a reverse mortgage as defined in sections two hundred eighty and

two hundred eighty-a of the real property law.

3. The commissioner shall promulgate regulations to provide for the

enforcement and administration of the taxes imposed by or pursuant to

subdivisions one and one-a of this section.