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.
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 _____
27 3. "You are currently {an/the} owner of {state property address}?
28 Circle: Yes/No? Grantor to Initial____
29 4. "You are about to sign a deed that will transfer your interest or
30 ownership of the title of {state property address} to another
31 person or entity. This means you are selling your home. Do you
32 understand?"
33 Yes/No? Grantor to Initial
34 5. "What has been promised to you in exchange for your signature on
35 this deed"?
36 {Notary public to record whatever the answer is}
37 6. "Has anyone threatened you, forced you, or pressured you to sign
38 this deed?"
39 Circle: Yes/No? Grantor to Initial___
40 7. "Are you signing this deed of your own free will?"
41 Circle: Yes/No? Grantor to Initial___
42 8. "Do you wish to sign this deed"
43 Circle: Yes/No? Grantor to Initial___
44 I, ________________________, certify that I am knowingly and
45 {principal name printed}
46 voluntarily signing this colloquy form.
47 ____________________
48 {signature}
49 I, _______________________, certify that I believe the principal
50 {notary public name printed}
51 is knowingly and voluntarily signing this colloquy form.
52 ____________________
53 {signature}
A. 10441 3
1 If language interpretation provided:
2 I, __________________________, certify that a true and correct
3 {Interpreter name printed}
4 interpretation of this form was made in ______________________ to
5 {language interpreted}
6 _____________________.
7 {individual}
8 ____________________
9 {signature}
10 3. The secretary of state shall set forth a program for educating
11 notaries on the provisions of this section. A notary public who has not
12 completed the educational program is unqualified to certify any acknowl-
13 edgement of a conveyance of residential real property situated in this
14 state and any such instrument conveying such real property by the notary
15 public is voidable.
16 § 2. This act shall take effect on the one hundred eightieth day after
17 it shall have become a law.
