senate Bill S5756A

2017-2018 Legislative Session

Requires notaries public and commissioners of deeds to complete and retain certain documents relating to the transfer of residential real property

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to finance
May 09, 2017 print number 5756a
May 09, 2017 amend and recommit to finance
Apr 28, 2017 referred to finance

S5756 - Details

See Assembly Version of this Bill:
A6246
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add §135-c, amd §136, Exec L
Versions Introduced in Other Legislative Sessions:
2015-2016: S8058, A10425
2019-2020: S812, A5201
2021-2022: S4292, A4277

S5756 - Summary

Requires notaries public and commissioners of deeds to complete and retain certain documents relating to the transfer of residential real property.

S5756 - Sponsor Memo

S5756 - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5756

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             April 28, 2017
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

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:
  §  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;
  (III) A JUDGMENT OF A FORECLOSURE AND SALE, OR A LEVY PURSUANT  TO  AN
EXECUTION;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Co-Sponsors

S5756A (ACTIVE) - Details

See Assembly Version of this Bill:
A6246
Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Add §135-c, amd §136, Exec L
Versions Introduced in Other Legislative Sessions:
2015-2016: S8058, A10425
2019-2020: S812, A5201
2021-2022: S4292, A4277

S5756A (ACTIVE) - Summary

Requires notaries public and commissioners of deeds to complete and retain certain documents relating to the transfer of residential real property.

S5756A (ACTIVE) - Sponsor Memo

S5756A (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5756--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             April 28, 2017
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to  the  Committee  on  Finance  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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:
  § 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.

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