County Clerk Frequently Asked Questions

What type of records does the County Clerk keep?

Deeds, mortgages, maps, liens, judgments, foreclosures, and court records are filed in the Clerk’s Offices, as well as other documents such as divorces, powers of attorney, records of assumed business names, veterans discharges, lis pendens, and other miscellaneous records.

Where is the County Record Room located?

County Clerk’s Office, 284 Main Street, on the first floor of the County Office Building, Schoharie, New York 12157

Are the records open to the public?

Yes, with the exception of divorces, separation agreements, military discharges and judicial surrenders. By law, these records are confidential.

How does the Clerk file public records?

Information from documents filed with this office is entered into a computer at the receiving desk. Recording fees are paid and receipts issued. These documents are now legally recorded and are available to be viewed usually within 48 hours. A certified copy of these documents can be obtained at any time.

What happens next?

After being entered into the computer and indexed, the document is scanned electronically and the image is stored. These stored images are also used to create microfilm copies of each instrument for long-term storage. Each scanned image is checked for clarity and accuracy. After the original documents are filed, the Land Records are returned to the interested party within two weeks. Or, if they are Civil Documents, they are kept in the Clerk’s Record Room.


Deeds & Mortgages:

What is a Deed?

A deed is an instrument by which a purchaser obtains title to a piece of real property. The Warranty Deed is the most common form. By this instrument, the seller warrants that they have not encumbered the title and further guarantees their predecessors have not encumbered the title. Another less common form of deed is the Quitclaim Deed. A Quitclaim Deed is a deed which conveys the grantor’s rights or interest in real estate, without any agreement or covenant as to the nature or extent of that interest, or any other covenants. This deed is usually used to remove a cloud from a title.

What if I lose my original Deed or Mortgage?

If you misplace or lose the original copy that has been returned to you after recording, you can access it and print it from the county website. If you need a certified copy, we will attach a certification that it is a true copy of the original, and you keep that with your personal papers in place of the original. A nominal fee is charged for a certified copy.

Does a Deed have to be recorded?

Yes. A deed should be recorded as promptly as possible after the transaction of sale. Failure to record a deed could create many legal difficulties.

How is the validity of a title determined?

Almost everything a person does (or sometimes does not do) has a bearing on their property. Such things as divorce, death, nonpayment of debts, bankruptcy, subdivision of property and countless other situations affect the property. Professional title searchers (sometimes called abstractors) will “search” the title to real estate and apply a body of law to the validity of the title.

Can I use the Record Room?

Yes. Anyone can use the public computers in our custody. These records can also be viewed from a home or office computer with internet access. The Record Room is open from 8:30 AM to 5:00 PM Monday through Friday. You may call (518) 295-8316 with your questions. The Record Room is closed on Saturdays, Sundays and most holidays.

How can I find my Deed or locate the mortgage on my house?

You can find your deed and mortgage information using our County Clerk Search tool.

Does the County Clerk provide any other services?

Yes. The Clerk’s office can assist with:
Passports
Passport and Pistol Permit photos
Free Notarial Services
Veterans Discount ID Cards
Certified Copies
Exemplifications
Copies Made
Faxes Sent
Help with on-line search of public records
Genealogy reference materials
Records management and retention for county, towns and villages