N.Y. Tax Law § 258-a: Payment of tax on instruments not recorded

§ 258-a. Payment of tax on instruments not recorded. An instrument

taxable under this article but which is not entitled to be recorded, may

nevertheless be presented to the recording officer of the county in

which the real property or any part thereof affected by said instrument

is situated, and there may be paid to such officer the amount of the tax

which would be payable under this article on the recording of such

instrument if the same were entitled to be recorded. Such officer shall

receive such amount and such payment shall have the same force and

effect, so far as this article is concerned, as if such instrument had

been duly recorded and the tax thereon paid. It shall be the duty of the

recording officer to indorse upon the instrument a receipt for the

amount of the tax so paid. A copy of each instrument upon which the tax

is paid as above provided shall be filed with the recording officer and

preserved among his mortgage tax records.

Where an unrecorded instrument subject to the tax imposed by this

article has been lost or destroyed, the tax commission, upon

presentation of proper proofs, may determine the taxable amount of such

instrument and by order authorize the recording officer to receive and

receipt for such tax as fully and with the same force and effect, so far

as this article is concerned, as if the instrument had been duly

recorded and the tax thereon paid.

The filing or recording of a notice of the payment of tax under this

section is ineffective to give notice under article nine of the real

property law of any estate or interest in the real property affected by

the instrument on which tax is being paid or to create a duty of inquiry

with regard thereto.