New York A 6441: Clarifies lawful uses of sealed records

Bill Text

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A06441 Summary:

BILL NOA06441 

&nbsp

SAME ASSAME AS S05177

&nbsp

SPONSORWalker

&nbsp

COSPNSRSeawright, Zinerman

&nbsp

MLTSPNSR

&nbsp

Add §135-d, amd §136, Exec L; amd §§170.10 & 170.15, add §§175.31 & 175.32, Pen L

&nbsp

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.

Go to top A06441 Actions:

BILL NOA06441 

&nbsp

03/04/2025referred to judiciary

01/07/2026referred to judiciary

Go to topA06441 Committee&nbspVotes:

Go to topA06441 Floor&nbspVotes:

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

Go to topA06441 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 6441

 2025-2026 Regular Sessions

 IN ASSEMBLY

 March 4, 2025
 ___________

 Introduced by M. of A. WALKER, SEAWRIGHT, ZINERMAN -- 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; 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:

 1 Section 1. The executive law is amended by adding a new section 135-d
 2 to read as follows:
 3 § 135-d. Requirements of notaries public and commissioners of deeds
 4 related to certain instruments affecting real property. 1. This section
 5 shall apply to every notarial act in the state involving a document of
 6 conveyance that transfers or purports to transfer title with respect to
 7 residential real property located in the state. It shall also apply to
 8 commissioners of deeds appointed pursuant to section one hundred forty
 9 of this article.
 10 2. As used in this section, the following terms shall have the follow-
 11 ing meanings:
 12 a. "document of conveyance" shall mean a deed, indenture, or other
 13 written instrument that transfers or purports to transfer title effect-
 14 ing a change in ownership to residential real property, or otherwise
 15 presented to evidence the conveyance of real property ownership from one
 16 party to another excluding:
 17 (i) court ordered transfer or otherwise effected change of residential
 18 real property including but not limited to a transfer between spous-
 19 es or former spouses as a result of a decree of divorce, dissol-
 20 ution of marriage, annulment, or legal separation, or as a result of
 21 property settlement related thereto, or agreement incidental to a

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05833-01-5

 A. 6441 2

 1 decree of divorce, dissolution of marriage, annulment, or legal sepa-
 2 ration;
 3 (ii) a transfer order by a probate court during the administration of
 4 a decedent's estate;
 5 (iii) a court ordered voiding of an instrument affecting real proper-
 6 ty;
 7 (iv) a transfer of property to a trust in which the beneficiary is or
 8 includes the grantor; and
 9 (v) a deed from a grantor to themself that is intended to change the
 10 nature or type of tenancy by which such grantor owns residential real
 11 property.
 12 b. "financial institution" shall mean a bank, trust company, savings
 13 institution, or credit union, chartered and supervised under state or
 14 federal law.
 15 c. "notarial record" shall mean the written document created in
 16 conformity with the requirements of this section.
 17 d. "residential real property" shall mean a building or buildings
 18 consisting of one to four dwelling units where the square footage of the
 19 residential portion exceeds the square footage of any commercial
 20 portion.
 21 e. "signatory" shall mean the person or persons whose signature is
 22 being acknowledged by a notary public or commissioner of deeds.
 23 3. A notary appointed and commissioned as a notary in this state and a
 24 commissioner of deeds shall create a notarial record of each notarial
 25 act performed in connection with a document of conveyance. The notarial
 26 re