New York S 398: Relates to duties of notaries with respect to instruments conveying residential real property

Bill Text

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S00398 Summary:

BILL NOS00398 

&nbsp

SAME ASSAME AS A10441

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SPONSORMYRIE

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COSPNSR

&nbsp

MLTSPNSR

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Add §137-a, Exec L

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Specifies additional duties of notaries with respect to instruments conveying residential real property; requires a specific colloquy to determine that the principal understands the conveyance.

Go to top S00398 Actions:

BILL NOS00398 

&nbsp

01/08/2025REFERRED TO FINANCE

01/07/2026REFERRED TO FINANCE

Go to topS00398 Committee&nbspVotes:

Go to topS00398 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00398 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 398

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sen. MYRIE -- 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 duties of notaries
 with respect to instruments conveying residential real property

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The executive law is amended by adding a new section 137-a
 2 to read as follows:
 3 § 137-a. Duties of notaries with respect to instruments conveying
 4 residential real property. Regarding instruments that convey residential
 5 real property situated in this state, in accordance with the definitions
 6 in section one hundred thirty-five-c of this article, a notary public
 7 must:
 8 1. Maintain a journal of each notarization performed where there is a
 9 conveyance of residential real property, which upon demand, shall be
 10 subject to inspection by the secretary of state. The journal required by
 11 this subdivision shall be maintained by each notary public for as long
 12 as such notary public remains in office and then for an additional five
 13 years thereafter. Each journal entry shall:
 14 (a) be made contemporaneously with the performance of the notarial
 15 act;
 16 (b) indicate the location, date and time of the notarial act;
 17 (c) indicate the character of the instrument;
 18 (d) indicate the full name and address of the principal;
 19 (e) if a remote notarization, indicate the technology used to perform
 20 such remote notarization;
 21 (f) indicate if there were any other notarial services provided by the
 22 same notary public to the same principal on the same day and if so, list
 23 all other documents notarized by title or type of document;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01560-01-5

 S. 398 2

 1 (g) indicate the type of credential used to identify the principal and
 2 maintain in their records a copy of such credential;
 3 (h) indicate the amount of any fee charged; and
 4 (i) have the principal signing the instrument place an inked thumb-
 5 print into the journal.
 6 2. Perform a colloquy with the principal, in the written form set
 7 forth in paragraph (f) of this subdivision.
 8 (a) If a notary public is not satisfied that the principal is compe-
 9 tent to acknowledge the conveyance of real property, the notary public
 10 may refuse to certify such acknowledgement.
 11 (b) The colloquy form must be signed and certified by both the princi-
 12 pal and notary public. If an interpreter is used for the colloquy, the
 13 interpreter must also sign and certify that a true and correct interpre-
 14 tation was made to the principal and specify the language used.
 15 (c) The principal must initial next to each question in the colloquy
 16 form.
 17 (d) The colloquy form shall be maintained by each notary public for as
 18 long as such notary public remains in office and then for an additional
 19 five years thereafter.
 20 (e) Any conveyance of residential real property that does not comply
 21 with this subdivision shall be deemed void.
 22 (f) The colloquy form is to be read by the notary public to the prin-
 23 cipal as follows:

 24 COLLOQUY FORM FOR CONVEYANCE OF REAL PROPERTY
 25 1. "Do you speak and understand English?"
 26 {If no, an interpreter must be present and interpreter must sign a
 27 certification}
 28 2. "A deed is an important legal document that transfers the title or
 29 ownership to propert