Bill Text: NY S00218 | 2023-2024 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-01-03 - REFERRED TO FINANCE [S00218 Detail]
Download: New_York-2023-S00218-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 218 2023-2024 Regular Sessions IN SENATE (Prefiled) January 4, 2023 ___________ 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-b 2 to read as follows: 3 § 137-b. 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. LBD01995-01-3S. 218 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. 218 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.
