New York State Assembly

 
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A04277 Summary:

A04277 Actions:

A04277 Committee Votes:

Committee:JUDICIARY   Chair:Lavine      
DATE:05/26/2021AYE/NAY:14/7  Action: Favorable refer to committee Codes        
Lavine
Aye
Montesano
Nay
Zebrowski
Aye
Norris
Nay
Weprin
Aye
Walsh
Nay
Braunstein
Aye
Byrnes
Nay
Quart
Aye
Brown
Nay
Steck
Aye
Tannousis
Nay
Seawright
Aye
Joyner
Aye
Abinanti
Nay
Wallace
Aye
Walker
Aye
Cruz
Aye
McMahon
Aye
Mitaynes
Aye
Rajkumar
Aye

Committee:CODES   Chair:Dinowitz      
DATE:06/07/2021AYE/NAY:14/8  Action: Favorable refer to committee Rules        
Dinowitz
Aye
Morinello
Nay
Pretlow
Aye
Giglio
Nay
Cook
Aye
Montesano
Nay
Cymbrowitz
Aye
Reilly
Nay
O'Donnell
Aye
Mikulin
Nay
Lavine
Aye
Tannousis
Nay
Perry
Aye
Abinanti
Nay
Weprin
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Nay
Cruz
Aye

Committee:RULES   Chair:Gottfried      
DATE:06/08/2021AYE/NAY:22/8  Action: Favorable         
Heastie
Excused
Barclay
Nay
Gottfried
Aye
Hawley
Nay
Nolan
Aye
Giglio
Nay
Weinstein
Aye
Blankenbush
Nay
Pretlow
Aye
Norris
Nay
Cook
Aye
Montesano
Nay
Glick
Aye
Ra
Nay
Aubry
Aye
Brabenec
Nay
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye

A04277 Floor Votes:

A04277 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4277--A
                                                                Cal. No. 145
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 1, 2021
                                       ___________
 
        Introduced by M. of A. WALKER -- read once and referred to the Committee
          on  Judiciary  --  ordered  to  a  third  reading, amended and ordered
          reprinted, retaining its place on the order of third reading
 
        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
 
          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  written  instrument  that
    13  transfers  or purports to transfer title effecting a change in ownership
    14  to residential real property, excluding:
    15    (i) court ordered or court-authorized  transfer  of  residential  real
    16  property  including  but  not  limited  to a transfer between spouses or
    17  former spouses as a result  of  a  decree  of  divorce,  dissolution  of
    18  marriage,  annulment,  or  legal  separation, or as a result of property
    19  settlement, or agreement incidental to a decree of divorce,  dissolution
    20  of marriage, annulment, or legal separation;
    21    (ii)  a transfer order by a probate court during the administration of
    22  a decedent's estate;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06135-02-2
        A. 4277--A                          2
 
     1    (iii) a judgment of a foreclosure and sale, or a levy pursuant  to  an
     2  execution;
     3    (iv) a court ordered voiding of an instrument affecting real property;
     4    (v)  a  transfer of property to a trust in which the beneficiary is or
     5  includes the grantor; and
     6    (vi) a deed from a grantor to himself or herself that is  intended  to
     7  change the nature or type of tenancy by which he or she owns residential
     8  real property.
     9    b.  "financial  institution" shall mean a bank, trust company, savings
    10  institution, or credit union, chartered and supervised  under  state  or
    11  federal law.
    12    c.  "notarial  record"  shall  mean  the  written  document created in
    13  conformity with the requirements of this section.
    14    d. "residential real property" shall  mean  a  building  or  buildings
    15  consisting  of  one  to three dwelling units where the square footage of
    16  the residential portion exceeds the square  footage  of  any  commercial
    17  portion.
    18    e.  "signatory"  shall  mean  the person or persons whose signature is
    19  being acknowledged by a notary public or commissioner of deeds.
    20    3. A notary appointed and commissioned as a notary in this state and a
    21  commissioner of deeds shall create a notarial record  of  each  notarial
    22  act  performed in connection with a document of conveyance. The notarial
    23  record shall contain:
    24    a. the date of the notarial act;
    25    b. the type, title or description of the document of conveyance  being
    26  notarized,  the  block  and  lot number used to identify the residential
    27  real property for assessment or taxation purposes, and the common street
    28  address for the residential real property that is  the  subject  of  the
    29  document of conveyance;
    30    c.  the  signature,  printed name and residence street address of each
    31  person whose signature is the subject of the notarial act, and a certif-
    32  ication by the person that the property is residential real property  as
    33  defined in this section;
    34    d.  a  description of the satisfactory evidence reviewed by the notary
    35  or the commissioner of deeds to determine the  identity  of  the  person
    36  whose  signature  is  the  subject  of  the  notarial  act. Satisfactory
    37  evidence shall include presentation of any one of  the  following  docu-
    38  ments identifying the signatory or signatories:
    39    (i)  a valid driver's license or non-driver identification card issued
    40  by the commissioner of  motor  vehicles,  the  federal  government,  any
    41  United  States  territory,  Commonwealth  or possession, the District of
    42  Columbia, or a state government within the United States;
    43    (ii) a valid passport issued by the United States government;
    44    (iii) a valid passport issued by a foreign government; or
    45    (iv) a valid municipal identification card issued pursuant to  section
    46  3-115 of the administrative code of the city of New York; and
    47    e. the date of notarization, the fee charged for the notarial act, the
    48  notary's  home  or business phone number, the notary's business or resi-
    49  dence street address, the notary's commission  expiration  date  or  the
    50  commissioner  of  deeds  appointment  expiration date, the correct legal
    51  name of the notary's employer or  principal,  and  the  business  street
    52  address of the notary's employer or principal.
    53    4.  The  notarial  record  required  under  subdivision  three of this
    54  section shall be created and maintained for  each  person  or  represen-
    55  tative  whose  signature  is  the  subject of a notarial act regarding a
    56  document of conveyance. It shall be in substantially the following form:
        A. 4277--A                          3
 
     1  NOTARIAL RECORD:
     2                                DEED TRANSFER
     3  I,  ________________________(GRANTOR)  HEREBY  AUTHORIZE THE TRANSFER OF
     4  OWNERSHIP OF MY PROPERTY TO THE GRANTEE DESIGNATED BELOW. I UNDERSTAND I
     5  MAY BE TRANSFERRING OWNERSHIP OF MY HOME.
     6  Date Notarized:
     7  Fee: $
     8  The undersigned grantor hereby certifies that the real property  identi-
     9  fied  in this notarial record is residential real property as defined in
    10  section 135-d of the executive law.
    11  Grantor's (Signer's) Printed Name:
    12  Grantor's (Signer's) Signature:
    13  Grantor's (Signer's) Residential Street Address,  City,  State  and  Zip
    14  Code:
    15  Grantee's Relationship to Grantor:
    16  Grantee's (Signer's) Printed Name:
    17  Grantee's (Signer's) Signature:
    18  Grantee's  (Signer's)  Residential  Street  Address, City, State and Zip
    19  Code:
    20  Type or Name of Document of Conveyance:
    21  PIN No. of Residential Real Property:
    22  Common Street Address of Residential Real Property:
    23  Description of Means of Identification:
    24  Additional Comments:
    25  Name of Notary or Commissioner of Deeds Printed:
    26  Notary Phone Number:
    27  Commission or Appointment Expiration Date:
    28  Street Address of Notary, City, State and Zip Code:
    29  Name of Notary's Employer or Principal:
    30  Business Street Address of Notary's Employer or Principal,  City,  State
    31  and Zip Code:
    32    5.  Filing of the notarial record. The notary or commissioner of deeds
    33  shall file the notarial record in accordance  with  the  procedures  set
    34  forth in this subdivision.
    35    a. Except as provided in paragraph b of this subdivision, the notarial
    36  record  shall  be  delivered  no  later  than  fourteen days after it is
    37  created to the clerk or office of the register of  the  county  or  city
    38  within which the residential property that is the subject of the convey-
    39  ance is located.
    40    b.  If the notarial record was created by a notary public in the scope
    41  of his or her work for a title insurance company, title insurance agent,
    42  financial institution, law firm or attorney at law,  the  notary  public
    43  shall  deliver  the notarial record no later than fourteen days after it
    44  is created to such title insurance company, financial  institution,  law
    45  firm or attorney at law.  Such title insurance company, financial insti-
    46  tution,  law  firm  or  attorney at law, or any successor or assignee of
    47  such title insurance company, financial institution, law firm or  attor-
    48  ney  at  law  within  the  seven-year retention period, shall retain the
    49  notarial record and may disclose such record  only  as  permitted  under
    50  subdivision seven of this section.
    51    6. The notarial record shall be retained for seven years in accordance
    52  with  the  procedures  described in subdivision five of this section and
    53  with the confidentiality and disclosure provisions established in subdi-
    54  vision seven of this section. No copies of the original notarial  record
    55  may  be made or retained by the notary. The notary's employer or princi-
    56  pal pursuant to paragraph b of subdivision five of this  section,  or  a
        A. 4277--A                          4
 
     1  notary  attorney  acting  within  the scope of his or her employment may
     2  retain copies of the notarial records as business  records,  subject  to
     3  applicable privacy and confidentiality standards outlined in subdivision
     4  seven of this section.
     5    7.  The  notarial record shall not be disclosed nor shall its contents
     6  be made known except as provided in this subdivision.
     7    a. A certified copy of a notarial record  shall  be  provided  to  the
     8  United  States  or  any  department thereof, the state or any department
     9  thereof, and the city of New York or any  department  thereof,  provided
    10  that such notarial record is required for official business.
    11    b.  A certified copy of a notarial record shall be provided in accord-
    12  ance with a judicial order.
    13    c. Upon written request by the grantor or a  legal  representative  of
    14  the grantor who is named in the notarial record.
    15    8.  Any  person  or  entity  violating  the provisions of this section
    16  shall, in addition to all other penalties provided by law, be liable for
    17  a civil penalty of up  to  two  hundred  fifty  dollars  for  each  such
    18  violation.  The  secretary of state may assess such penalty following an
    19  adjudicatory proceeding conducted in accordance with the state  adminis-
    20  trative procedure act.
    21    9.  The  failure of a notary or a commissioner of deeds to comply with
    22  the procedure set forth in this section shall not affect the validity of
    23  the residential real property transaction in  connection  to  which  the
    24  document of conveyance is executed, in the absence of fraud.
    25    §  2.  Section  136  of  the  executive law is amended by adding a new
    26  subdivision 4 to read as follows:
    27    4. For performing a notarial act related to a document  of  conveyance
    28  for  which a notarial record is required pursuant to section one hundred
    29  thirty-five-d of this article, the notary or commissioner of  deeds  may
    30  charge  a fee of twenty-five dollars in addition to any fees required to
    31  file the notarial record.
    32    § 3. This act shall take effect immediately.