New York A 10441: Relates to duties of notaries with respect to instruments conveying residential real property

Bill Text

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A10441 Summary:

BILL NOA10441 

&nbsp

SAME ASSAME AS S00398

&nbsp

SPONSORHyndman

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §137-a, Exec L

&nbsp

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 A10441 Actions:

BILL NOA10441 

&nbsp

03/06/2026referred to judiciary

Go to topA10441 Committee&nbspVotes:

Go to topA10441 Floor&nbspVotes:

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

Go to topA10441 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 10441

 IN ASSEMBLY

 March 6, 2026
 ___________

 Introduced by M. of A. HYNDMAN -- read once and referred to the Commit-
 tee on Judiciary

 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;
 24 (g) indicate the type of credential used to identify the principal and
 25 maintain in their records a copy of such credential;
 26 (h) indicate the amount of any fee charged; and
 27 (i) have the principal signing the instrument place an inked thumb-
 28 print into the journal.

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

 A. 10441 2

 1 2. Perform a colloquy with the principal, in the written form set
 2 forth in paragraph (f) of this subdivision.
 3 (a) If a notary public is not satisfied that the principal is compe-
 4 tent to acknowledge the conveyance of real property, the notary public
 5 may refuse to certify such acknowledgement.
 6 (b) The colloquy form must be signed and certified by both the princi-
 7 pal and notary public. If an interpreter is used for the colloquy, the
 8 interpreter must also sign and certify that a true and correct interpre-
 9 tation was made to the principal and specify the language used.
 10 (c) The principal must initial next to each question in the colloquy
 11 form.
 12 (d) The colloquy form shall be maintained by each notary public for as
 13 long as such notary public remains in office and then for an additional
 14 five years thereafter.
 15 (e) Any conveyance of residential real property that does not comply
 16 with this subdivision shall be deemed void.
 17 (f) The colloquy form is to be read by the notary public to the prin-
 18 cipal as follows:

 19 COLLOQUY FORM FOR CONVEYANCE OF REAL PROPERTY
 20 1. "Do you speak and understand English?"
 21 {If no, an interpreter must be present and interpreter must sign a
 22 certification}
 23 2. "A deed is an important legal document that transfers the title or
 24 ownership to property from one owner to another. Do you under-
 25 stand?"
 26 Circle: Yes/No? Grantor to Initial ___