SECTION
14 - REFINANCE AND SUBORDINATE MORTGAGE
(A)
(1) Whenever a
new loan policy (a “New Loan Policy”) is issued in the
amount of $475,000 or less, the charge for the New Loan Policy shall
be 50% of the applicable full loan rate up to the greater of:
(a) the full
consideration paid for the deed, lease or assignment of lease vesting
title in the mortgagor (the “Vesting Instrument”);
(i) computed
from the amount of New York State Real Estate Transfer Tax stated
on the Vesting Instrument, or
(ii) otherwise
shown on the Vesting Instrument, or
(iii) shown
in the public records, or
(b) the face
amounts of all existing mortgages (including the consolidated amount
of consolidated or modified mortgages) made by the owner of the
fee or leasehold estate created by the Vesting Instrument (the “Existing
Mortgage(s)”);
(2) provided that:
(a) the Vesting
Instrument or the Existing Mortgage(s) on which the reduced rate
is based was created within ten years before the date the order
for the New Loan Policy was placed; and
(b) there has been no change in the ownership of the fee or leasehold
estate since the Vesting Instrument or the Existing Mortgage(s)
was created, and
(c) the New
Mortgage describes the same property as is set forth in the Vesting
Instrument or the Existing Mortgage(s).
For any insurance that exceeds the greater of the amounts set forth
in (1) or (2) above, the charge for such insurance shall be the full
applicable loan rate.
(B)
(1) Whenever a
new loan policy (a “New Loan Policy”) is issued in the
amount of more than $475,000, the charge for the New Loan Policy shall
be 70% of the applicable full loan rate up to the greater of:
(a) the full
consideration paid for the deed, lease or assignment of lease vesting
title in the mortgagor (the “Vesting Instrument”):
(i) computed
from the amount of New York State Real Estate Transfer Tax stated
on the Vesting Instrument, or
(ii) otherwise
shown on the Vesting Instrument, or
(iii) shown
in the public records, or
(b) the face
amounts of all existing mortgages (including the consolidated amount
of consolidated or modified mortgages) made by the owner of the
fee or leasehold estate created by the Vesting Instrument (the “Existing
Mortgage(s)”);
(2) provided
that:
(a) the Vesting
Instrument or the Existing Mortgage(s) on which the reduced rate
is based was created within ten years before the date the order
for the New Loan Policy was placed; and
(b) there has
been no change in the ownership of the fee or leasehold estate since
the Vesting Instrument or the Existing Mortgage(s) was created,
and
(c) the New
Mortgage describes the same property as is set forth in the Vesting
Instrument or the Existing Mortgage(s).
For any insurance
that exceeds the greater of the amounts set forth in (1) or (2) above,
the charge for such insurance shall be the full applicable loan rate.
“Existing
mortgage” includes only mortgages that are open of record and
have not been paid off prior to the transaction being insured.
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