S T A T E O F N E W Y O R K
________________________________________________________________________
10425--A
I N A S S E M B L Y
May 26, 2016
___________
Introduced by M. of A. WALKER, WEINSTEIN, ROBINSON, LENTOL, MOSLEY,
COOK, HYNDMAN, TITUS, SKOUFIS -- Multi-Sponsored by -- M. of A.
BARRON, NOLAN -- read once and referred to the Committee on Judiciary
-- reported and referred to the Committee on Codes -- reported and
referred to the Committee on Rules -- Rules Committee discharged, bill
amended, ordered reprinted as amended and recommitted to the Committee
on Rules
AN ACT to amend the executive law, in relation to the requirements for
notaries public and commissioners of deeds relating to certain instru-
ments affecting real property
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The executive law is amended by adding a new section 135-c
to read as follows:
S 135-C. REQUIREMENTS OF NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS
RELATED TO CERTAIN INSTRUMENTS AFFECTING REAL PROPERTY. 1. THIS SECTION
SHALL APPLY TO EVERY NOTARIAL ACT IN THE STATE INVOLVING A DOCUMENT OF
CONVEYANCE THAT TRANSFERS OR PURPORTS TO TRANSFER TITLE WITH RESPECT TO
RESIDENTIAL REAL PROPERTY LOCATED IN THE STATE. IT SHALL ALSO APPLY TO
COMMISSIONERS OF DEEDS APPOINTED PURSUANT TO SECTION ONE HUNDRED FORTY
OF THIS ARTICLE.
2. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
A. "DOCUMENT OF CONVEYANCE" SHALL MEAN A WRITTEN INSTRUMENT THAT
TRANSFERS OR PURPORTS TO TRANSFER TITLE EFFECTING A CHANGE IN OWNERSHIP
TO RESIDENTIAL REAL PROPERTY, EXCLUDING:
(I) COURT ORDERED OR COURT-AUTHORIZED TRANSFER OF RESIDENTIAL REAL
PROPERTY INCLUDING BUT NOT LIMITED TO A TRANSFER BETWEEN SPOUSES OR
FORMER SPOUSES AS A RESULT OF A DECREE OF DIVORCE, DISSOLUTION OF
MARRIAGE, ANNULMENT, OR LEGAL SEPARATION, OR AS A RESULT OF PROPERTY
SETTLEMENT, OR AGREEMENT INCIDENTAL TO A DECREE OF DIVORCE, DISSOLUTION
OF MARRIAGE, ANNULMENT, OR LEGAL SEPARATION;
(II) A TRANSFER ORDER BY A PROBATE COURT DURING THE ADMINISTRATION OF
A DECEDENT'S ESTATE;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15643-02-6
A. 10425--A 2
(III) A JUDGMENT OF A FORECLOSURE AND SALE, OR A LEVY PURSUANT TO AN
EXECUTION;
(IV) A COURT ORDERED VOIDING OF AN INSTRUMENT AFFECTING REAL PROPERTY;
(V) A TRANSFER OF PROPERTY TO A TRUST IN WHICH THE BENEFICIARY IS OR
INCLUDES THE GRANTOR; AND
(VI) A DEED FROM A GRANTOR TO HIMSELF OR HERSELF THAT IS INTENDED TO
CHANGE THE NATURE OR TYPE OF TENANCY BY WHICH HE OR SHE OWNS RESIDENTIAL
REAL PROPERTY.
B. "FINANCIAL INSTITUTION" SHALL MEAN A BANK, TRUST COMPANY, SAVINGS
INSTITUTION, OR CREDIT UNION, CHARTERED AND SUPERVISED UNDER STATE OR
FEDERAL LAW.
C. "NOTARIAL RECORD" SHALL MEAN THE WRITTEN DOCUMENT CREATED IN
CONFORMITY WITH THE REQUIREMENTS OF THIS SECTION.
D. "RESIDENTIAL REAL PROPERTY" SHALL MEAN A BUILDING OR BUILDINGS
CONSISTING OF ONE TO THREE DWELLING UNITS.
E. "SIGNATORY" SHALL MEAN THE PERSON OR PERSONS WHOSE SIGNATURE IS
BEING ACKNOWLEDGED BY A NOTARY PUBLIC OR COMMISSIONER OF DEEDS.
3. A NOTARY APPOINTED AND COMMISSIONED AS A NOTARY IN THIS STATE AND A
COMMISSIONER OF DEEDS SHALL CREATE A NOTARIAL RECORD OF EACH NOTARIAL
ACT PERFORMED IN CONNECTION WITH A DOCUMENT OF CONVEYANCE. THE NOTARIAL
RECORD SHALL CONTAIN:
A. THE DATE OF THE NOTARIAL ACT;
B. THE TYPE, TITLE OR DESCRIPTION OF THE DOCUMENT OF CONVEYANCE BEING
NOTARIZED, THE PROPERTY INDEX NUMBER ("PIN") USED TO IDENTIFY THE RESI-
DENTIAL REAL PROPERTY FOR ASSESSMENT OR TAXATION PURPOSES, AND THE
COMMON STREET ADDRESS FOR THE RESIDENTIAL REAL PROPERTY THAT IS THE
SUBJECT OF THE DOCUMENT OF CONVEYANCE;
C. THE SIGNATURE, PRINTED NAME AND RESIDENCE STREET ADDRESS OF EACH
PERSON WHOSE SIGNATURE IS THE SUBJECT OF THE NOTARIAL ACT, AND A CERTIF-
ICATION BY THE PERSON THAT THE PROPERTY IS RESIDENTIAL REAL PROPERTY AS
DEFINED IN THIS SECTION;
D. A DESCRIPTION OF THE SATISFACTORY EVIDENCE REVIEWED BY THE NOTARY
OR THE COMMISSIONER OF DEEDS TO DETERMINE THE IDENTITY OF THE PERSON
WHOSE SIGNATURE IS THE SUBJECT OF THE NOTARIAL ACT. SATISFACTORY
EVIDENCE SHALL INCLUDE PRESENTATION OF ANY ONE OF THE FOLLOWING DOCU-
MENTS IDENTIFYING THE SIGNATORY OR SIGNATORIES:
(I) A VALID DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD ISSUED
BY THE COMMISSIONER OF MOTOR VEHICLES, THE FEDERAL GOVERNMENT, ANY
UNITED STATES TERRITORY, COMMONWEALTH OR POSSESSION, THE DISTRICT OF
COLUMBIA, OR A STATE GOVERNMENT WITHIN THE UNITED STATES;
(II) A VALID PASSPORT ISSUED BY THE UNITED STATES GOVERNMENT;
(III) A VALID PASSPORT ISSUED BY A FOREIGN GOVERNMENT; OR
(IV) A VALID MUNICIPAL IDENTIFICATION CARD ISSUED PURSUANT TO SECTION
3-115 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK; AND
E. THE DATE OF NOTARIZATION, THE FEE CHARGED FOR THE NOTARIAL ACT, THE
NOTARY'S HOME OR BUSINESS PHONE NUMBER, THE NOTARY'S BUSINESS OR RESI-
DENCE STREET ADDRESS, THE NOTARY'S COMMISSION EXPIRATION DATE OR THE
COMMISSIONER OF DEEDS APPOINTMENT EXPIRATION DATE, THE CORRECT LEGAL
NAME OF THE NOTARY'S EMPLOYER OR PRINCIPAL, AND THE BUSINESS STREET
ADDRESS OF THE NOTARY'S EMPLOYER OR PRINCIPAL.
4. THE NOTARIAL RECORD REQUIRED UNDER SUBDIVISION THREE OF THIS
SECTION SHALL BE CREATED AND MAINTAINED FOR EACH PERSON OR REPRESEN-
TATIVE WHOSE SIGNATURE IS THE SUBJECT OF A NOTARIAL ACT REGARDING A
DOCUMENT OF CONVEYANCE. IT SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM:
NOTARIAL RECORD:
DEED TRANSFER
A. 10425--A 3
I, ________________________(GRANTOR) HEREBY AUTHORIZE THE TRANSFER OF
OWNERSHIP OF MY PROPERTY TO THE GRANTEE DESIGNATED BELOW. I UNDERSTAND I
MAY BE TRANSFERRING OWNERSHIP OF MY HOME.
DATE NOTARIZED:
FEE: $
THE UNDERSIGNED GRANTOR HEREBY CERTIFIES THAT THE REAL PROPERTY IDENTI-
FIED IN THIS NOTARIAL RECORD IS RESIDENTIAL REAL PROPERTY AS DEFINED IN
SECTION 135-C OF THE EXECUTIVE LAW.
GRANTOR'S (SIGNER'S) PRINTED NAME:
GRANTOR'S (SIGNER'S) SIGNATURE:
GRANTOR'S (SIGNER'S) RESIDENTIAL STREET ADDRESS, CITY, STATE AND ZIP
CODE:
GRANTEE'S RELATIONSHIP TO GRANTOR:
GRANTEE'S (SIGNER'S) PRINTED NAME:
GRANTEE'S (SIGNER'S) SIGNATURE:
GRANTEE'S (SIGNER'S) RESIDENTIAL STREET ADDRESS, CITY, STATE AND ZIP
CODE:
TYPE OR NAME OF DOCUMENT OF CONVEYANCE:
PIN NO. OF RESIDENTIAL REAL PROPERTY:
COMMON STREET ADDRESS OF RESIDENTIAL REAL PROPERTY:
DESCRIPTION OF MEANS OF IDENTIFICATION:
ADDITIONAL COMMENTS:
NAME OF NOTARY OR COMMISSIONER OF DEEDS PRINTED:
NOTARY PHONE NUMBER:
COMMISSION OR APPOINTMENT EXPIRATION DATE:
STREET ADDRESS OF NOTARY, CITY, STATE AND ZIP CODE:
NAME OF NOTARY'S EMPLOYER OR PRINCIPAL:
BUSINESS STREET ADDRESS OF NOTARY'S EMPLOYER OR PRINCIPAL, CITY, STATE
AND ZIP CODE:
5. FILING OF THE NOTARIAL RECORD. THE NOTARY OR COMMISSIONER OF DEEDS
SHALL FILE THE NOTARIAL RECORD IN ACCORDANCE WITH THE PROCEDURES SET
FORTH IN THIS SUBDIVISION.
A. EXCEPT AS PROVIDED IN PARAGRAPH B OF THIS SUBDIVISION, THE NOTARIAL
RECORD SHALL BE DELIVERED NO LATER THAN FOURTEEN DAYS AFTER IT IS
CREATED TO THE CLERK OR OFFICE OF THE REGISTER OF THE COUNTY OR CITY
WITHIN WHICH THE RESIDENTIAL PROPERTY THAT IS THE SUBJECT OF THE CONVEY-
ANCE IS LOCATED.
B. IF THE NOTARIAL RECORD WAS CREATED BY A NOTARY PUBLIC IN THE SCOPE
OF HIS OR HER WORK FOR A TITLE INSURANCE COMPANY, TITLE INSURANCE AGENT,
FINANCIAL INSTITUTION, LAW FIRM OR ATTORNEY AT LAW, THE NOTARY PUBLIC
SHALL DELIVER THE NOTARIAL RECORD NO LATER THAN FOURTEEN DAYS AFTER IT
IS CREATED TO SUCH TITLE INSURANCE COMPANY, FINANCIAL INSTITUTION, LAW
FIRM OR ATTORNEY AT LAW. SUCH TITLE INSURANCE COMPANY, FINANCIAL INSTI-
TUTION, LAW FIRM OR ATTORNEY AT LAW, OR ANY SUCCESSOR OR ASSIGNEE OF
SUCH TITLE INSURANCE COMPANY, FINANCIAL INSTITUTION, LAW FIRM OR ATTOR-
NEY AT LAW WITHIN THE SEVEN-YEAR RETENTION PERIOD, SHALL RETAIN THE
NOTARIAL RECORD AND MAY DISCLOSE SUCH RECORD ONLY AS PERMITTED UNDER
SUBDIVISION SEVEN OF THIS SECTION.
6. THE NOTARIAL RECORD SHALL BE RETAINED FOR SEVEN YEARS IN ACCORDANCE
WITH THE PROCEDURES DESCRIBED IN SUBDIVISION FIVE OF THIS SECTION AND
WITH THE CONFIDENTIALITY AND DISCLOSURE PROVISIONS ESTABLISHED IN SUBDI-
VISION SEVEN OF THIS SECTION. NO COPIES OF THE ORIGINAL NOTARIAL RECORD
MAY BE MADE OR RETAINED BY THE NOTARY. THE NOTARY'S EMPLOYER OR PRINCI-
PAL PURSUANT TO PARAGRAPH B OF SUBDIVISION FIVE OF THIS SECTION, OR A
NOTARY ATTORNEY ACTING WITHIN THE SCOPE OF HIS OR HER EMPLOYMENT MAY
RETAIN COPIES OF THE NOTARIAL RECORDS AS BUSINESS RECORDS, SUBJECT TO
A. 10425--A 4
APPLICABLE PRIVACY AND CONFIDENTIALITY STANDARDS OUTLINED IN SUBDIVISION
SEVEN OF THIS SECTION.
7. THE NOTARIAL RECORD SHALL NOT BE DISCLOSED NOR SHALL ITS CONTENTS
BE MADE KNOWN EXCEPT AS PROVIDED IN THIS SUBDIVISION.
A. A CERTIFIED COPY OF A NOTARIAL RECORD SHALL BE PROVIDED TO THE
UNITED STATES OR ANY DEPARTMENT THEREOF, THE STATE OR ANY DEPARTMENT
THEREOF, AND THE CITY OF NEW YORK OR ANY DEPARTMENT THEREOF, PROVIDED
THAT SUCH NOTARIAL RECORD IS REQUIRED FOR OFFICIAL BUSINESS.
B. A CERTIFIED COPY OF A NOTARIAL RECORD SHALL BE PROVIDED IN ACCORD-
ANCE WITH A JUDICIAL ORDER.
C. UPON WRITTEN REQUEST BY THE GRANTOR OR A LEGAL REPRESENTATIVE OF
THE GRANTOR WHO IS NAMED IN THE NOTARIAL RECORD.
8. ANY PERSON OR ENTITY VIOLATING THE PROVISIONS OF THIS SECTION
SHALL, IN ADDITION TO ALL OTHER PENALTIES PROVIDED BY LAW, BE LIABLE FOR
A CIVIL PENALTY OF UP TO TWO HUNDRED FIFTY DOLLARS FOR EACH SUCH
VIOLATION. THE SECRETARY OF STATE MAY ASSESS SUCH PENALTY FOLLOWING AN
ADJUDICATORY PROCEEDING CONDUCTED IN ACCORDANCE WITH THE STATE ADMINIS-
TRATIVE PROCEDURE ACT.
9. THE FAILURE OF A NOTARY OR A COMMISSIONER OF DEEDS TO COMPLY WITH
THE PROCEDURE SET FORTH IN THIS SECTION SHALL NOT AFFECT THE VALIDITY OF
THE RESIDENTIAL REAL PROPERTY TRANSACTION IN CONNECTION TO WHICH THE
DOCUMENT OF CONVEYANCE IS EXECUTED, IN THE ABSENCE OF FRAUD.
S 2. Section 136 of the executive law is amended by adding a new
subdivision 3 to read as follows:
3. FOR PERFORMING A NOTARIAL ACT RELATED TO A DOCUMENT OF CONVEYANCE
FOR WHICH A NOTARIAL RECORD IS REQUIRED PURSUANT TO SECTION ONE HUNDRED
THIRTY-FIVE-C OF THIS ARTICLE, THE NOTARY OR COMMISSIONER OF DEEDS MAY
CHARGE A FEE OF TWENTY-FIVE DOLLARS IN ADDITION TO ANY FEES REQUIRED TO
FILE THE NOTARIAL RECORD.
S 3. This act shall take effect immediately.