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
________________________________________________________________________
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 property from one owner to another. Do you under-
30 stand?"
31 Circle: Yes/No? Grantor to Initial _____
32 3. "You are currently {an/the} owner of {state property address}?
33 Circle: Yes/No? Grantor to Initial____
34 4. "You are about to sign a deed that will transfer your interest or
35 ownership of the title of {state property address} to another
36 person or entity. This means you are selling your home. Do you
37 understand?"
38 Yes/No? Grantor to Initial
39 5. "What has been promised to you in exchange for your signature on
40 this deed"?
41 {Notary public to record whatever the answer is}
42 6. "Has anyone threatened you, forced you, or pressured you to sign
43 this deed?"
44 Circle: Yes/No? Grantor to Initial___
45 7. "Are you signing this deed of your own free will?"
46 Circle: Yes/No? Grantor to Initial___
47 8. "Do you wish to sign this deed"
48 Circle: Yes/No? Grantor to Initial___
49 I, ________________________, certify that I am knowingly and
50 {principal name printed}
51 voluntarily signing this colloquy form.
52 ____________________
53 {signature}
S. 398 3
1 I, _______________________, certify that I believe the principal
2 {notary public name printed}
3 is knowingly and voluntarily signing this colloquy form.
4 ____________________
5 {signature}
6 If language interpretation provided:
7 I, __________________________, certify that a true and correct
8 {Interpreter name printed}
9 interpretation of this form was made in ______________________ to
10 {language interpreted}
11 _____________________.
12 {individual}
13 ____________________
14 {signature}
15 3. The secretary of state shall set forth a program for educating
16 notaries on the provisions of this section. A notary public who has not
17 completed the educational program is unqualified to certify any acknowl-
18 edgement of a conveyance of residential real property situated in this
19 state and any such instrument conveying such real property by the notary
20 public is voidable.
21 § 2. This act shall take effect on the one hundred eightieth day after
22 it shall have become a law.
