The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4277--A
                                                         Cal. No. 145
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2021
                                ___________
 
 Introduced by M. of A. WALKER -- read once and referred to the Committee
   on  Judiciary  --  ordered  to  a  third  reading, amended and ordered
   reprinted, retaining its place on the order of third reading
 
 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-d
 to read as follows:
   §  135-D.  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.
                                                            LBD06135-02-2

 A. 4277--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 WHERE THE SQUARE FOOTAGE OF
 THE RESIDENTIAL PORTION EXCEEDS THE SQUARE  FOOTAGE  OF  ANY  COMMERCIAL
 PORTION.
   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  BLOCK  AND  LOT NUMBER USED TO IDENTIFY THE RESIDENTIAL
 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:
 A. 4277--A                          3
 
 NOTARIAL RECORD:
                               DEED TRANSFER
 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-D 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
 A. 4277--A                          4
 
 NOTARY  ATTORNEY  ACTING  WITHIN  THE SCOPE OF HIS OR HER EMPLOYMENT MAY
 RETAIN COPIES OF THE NOTARIAL RECORDS AS BUSINESS  RECORDS,  SUBJECT  TO
 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.
   §  2.  Section  136  of  the  executive law is amended by adding a new
 subdivision 4 to read as follows:
   4. 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-D 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.
   § 3. This act shall take effect immediately.