assembly Bill A329B

2023-2024 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

Current Bill Status - On Floor Calendar


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

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 10, 2023 amended on third reading 329b
Mar 08, 2023 amended on third reading (t) 329a
Feb 14, 2023 ordered to third reading rules cal.88
rules report cal.88
reported
reported referred to rules
Feb 06, 2023 reported referred to codes
Jan 04, 2023 referred to judiciary

A329 - Details

See Senate Version of this Bill:
S5688
Law Section:
Executive Law
Laws Affected:
Add §135-d, amd §136, Exec L; amd §§170.10 & 170.15, add §§175.31 & 175.32, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: A10425
2017-2018: A6246
2019-2020: A5201
2021-2022: A4277

A329 - Summary

Requires notaries public and commissioners of deeds to complete and retain certain documents relating to the transfer of residential real property; relates to forgery and offering a false document concerning residential real property.

A329 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    329
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 4, 2023
                                ___________
 
 Introduced by M. of A. WALKER -- read once and referred to the Committee
   on Judiciary
 
 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;
   (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.
                                                            LBD00998-01-3

A329A - Details

See Senate Version of this Bill:
S5688
Law Section:
Executive Law
Laws Affected:
Add §135-d, amd §136, Exec L; amd §§170.10 & 170.15, add §§175.31 & 175.32, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: A10425
2017-2018: A6246
2019-2020: A5201
2021-2022: A4277

A329A - Summary

Requires notaries public and commissioners of deeds to complete and retain certain documents relating to the transfer of residential real property; relates to forgery and offering a false document concerning residential real property.

A329A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  329--A
                                                             R. R. 88
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 4, 2023
                                ___________
 
 Introduced by M. of A. WALKER -- 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  --  amended  on  the
   special  order of third reading, ordered reprinted as amended, retain-
   ing its place on the special 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; and to amend the penal law, in relation
   to  forgery and the offering of false documents concerning residential
   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;

Co-Sponsors

A329B (ACTIVE) - Details

See Senate Version of this Bill:
S5688
Law Section:
Executive Law
Laws Affected:
Add §135-d, amd §136, Exec L; amd §§170.10 & 170.15, add §§175.31 & 175.32, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: A10425
2017-2018: A6246
2019-2020: A5201
2021-2022: A4277

A329B (ACTIVE) - Summary

Requires notaries public and commissioners of deeds to complete and retain certain documents relating to the transfer of residential real property; relates to forgery and offering a false document concerning residential real property.

A329B (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  329--B
                                                             R. R. 88
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 4, 2023
                                ___________
 
 Introduced by M. of A. WALKER -- 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  --  amended  on  the
   special  order of third reading, ordered reprinted as amended, retain-
   ing its place on the special order of third reading --  again  amended
   on  special  order  of third reading, ordered reprinted, retaining its
   place on the special 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; and to amend the penal law, in relation
   to  forgery and the offering of false documents concerning residential
   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 DEED, INDENTURE, OR OTHER
 WRITTEN INSTRUMENT THAT TRANSFERS OR PURPORTS TO TRANSFER TITLE  EFFECT-
 ING  A  CHANGE  IN  OWNERSHIP TO RESIDENTIAL REAL PROPERTY, OR OTHERWISE
 PRESENTED TO EVIDENCE THE CONVEYANCE OF REAL PROPERTY OWNERSHIP FROM ONE
 PARTY TO ANOTHER EXCLUDING:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00998-04-3