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A00329 Summary:

BILL NOA00329B
 
SAME ASSAME AS S05688-A
 
SPONSORWalker
 
COSPNSRSeawright, Zinerman
 
MLTSPNSR
 
Add §135-d, amd §136, Exec L; amd §§170.10 & 170.15, add §§175.31 & 175.32, Pen L
 
Requires notaries public and commissioners of deeds to complete and retain certain documents relating to the transfer of residential real property; relates to forgery and offering a false document concerning residential real property.
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A00329 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         329--B
                                                                    R. R. 88
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 4, 2023
                                       ___________
 
        Introduced by M. of A. WALKER -- read once and referred to the Committee
          on  Judiciary  --  reported  and referred to the Committee on Codes --
          reported and referred to the Committee on  Rules  --  amended  on  the
          special  order of third reading, ordered reprinted as amended, retain-
          ing its place on the special order of third reading --  again  amended
          on  special  order  of third reading, ordered reprinted, retaining its
          place on the special 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; and to amend the penal law, in relation
          to  forgery and the offering of false documents concerning 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 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 deed, indenture, or other
    13  written instrument that transfers or purports to transfer title  effect-
    14  ing  a  change  in  ownership to residential real property, or otherwise
    15  presented to evidence the conveyance of real property ownership from one
    16  party to another excluding:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00998-04-3

        A. 329--B                           2
 
     1    (i) court ordered transfer or otherwise effected change of residential
     2  real property including but not limited to  a  transfer  between  spous-
     3  es or former  spouses  as  a  result  of  a  decree of divorce,  dissol-
     4  ution  of marriage, annulment, or legal separation, or as  a  result  of
     5  property  settlement  related  thereto,    or  agreement incidental to a
     6  decree of divorce, dissolution of marriage, annulment,  or  legal  sepa-
     7  ration;
     8    (ii)  a transfer order by a probate court during the administration of
     9  a decedent's estate;
    10    (iii) a court ordered voiding of an instrument affecting real  proper-
    11  ty;
    12    (iv)  a transfer of property to a trust in which the beneficiary is or
    13  includes the grantor; and
    14    (v) a deed from a grantor to himself or herself that  is  intended  to
    15  change the nature or type of tenancy by which he or she owns residential
    16  real property.
    17    b.  "financial  institution" shall mean a bank, trust company, savings
    18  institution, or credit union, chartered and supervised  under  state  or
    19  federal law.
    20    c.  "notarial  record"  shall  mean  the  written  document created in
    21  conformity with the requirements of this section.
    22    d. "residential real property" shall  mean  a  building  or  buildings
    23  consisting of one to four dwelling units where the square footage of the
    24  residential  portion  exceeds  the  square  footage  of  any  commercial
    25  portion.
    26    e. "signatory" shall mean the person or  persons  whose  signature  is
    27  being acknowledged by a notary public or commissioner of deeds.
    28    3. A notary appointed and commissioned as a notary in this state and a
    29  commissioner  of  deeds  shall create a notarial record of each notarial
    30  act performed in connection with a document of conveyance. The  notarial
    31  record shall contain:
    32    a. the date of the notarial act;
    33    b.  the type, title or description of the document of conveyance being
    34  notarized, the block and lot number used  to  identify  the  residential
    35  real property for assessment or taxation purposes, and the common street
    36  address  for  the  residential  real property that is the subject of the
    37  document of conveyance;
    38    c. the signature, printed name and residence street  address  of  each
    39  person whose signature is the subject of the notarial act, and a certif-
    40  ication  by the person that the property is residential real property as
    41  defined in this section;
    42    d. a description of the satisfactory evidence reviewed by  the  notary
    43  or  the  commissioner  of  deeds to determine the identity of the person
    44  whose signature  is  the  subject  of  the  notarial  act.  Satisfactory
    45  evidence  shall  include  presentation of any one of the following docu-
    46  ments identifying the signatory or signatories:
    47    (i) a valid driver's license or non-driver identification card  issued
    48  by  the  commissioner  of  motor  vehicles,  the federal government, any
    49  United States territory, Commonwealth or  possession,  the  District  of
    50  Columbia, or a state government within the United States;
    51    (ii) a valid passport issued by the United States government;
    52    (iii) a valid passport issued by a foreign government; or
    53    (iv)  a valid municipal identification card issued pursuant to section
    54  3-115 of the administrative code of the city of New York; and
    55    e. the date of notarization, the fee charged for the notarial act, the
    56  notary's home or business phone number, the notary's business  or  resi-

        A. 329--B                           3
 
     1  dence  street  address,  the  notary's commission expiration date or the
     2  commissioner of deeds appointment expiration  date,  the  correct  legal
     3  name  of  the  notary's  employer  or principal, and the business street
     4  address of the notary's employer or principal.
     5    4.  The  notarial  record  required  under  subdivision  three of this
     6  section shall be created and maintained for  each  person  or  represen-
     7  tative  whose  signature  is  the  subject of a notarial act regarding a
     8  document of conveyance. It shall be in substantially the following form:
     9  NOTARIAL RECORD:
    10                                DEED TRANSFER
    11  I, ________________________(GRANTOR) HEREBY AUTHORIZE  THE  TRANSFER  OF
    12  OWNERSHIP OF MY PROPERTY TO THE GRANTEE DESIGNATED BELOW. I UNDERSTAND I
    13  MAY BE TRANSFERRING OWNERSHIP OF MY HOME.
    14  Date Notarized:
    15  Fee: $
    16  The  undersigned grantor hereby certifies that the real property identi-
    17  fied in this notarial record is residential real property as defined  in
    18  section 135-d of the executive law.
    19  Grantor's (Signer's) Printed Name:
    20  Grantor's (Signer's) Signature:
    21  Grantor's  (Signer's)  Residential  Street  Address, City, State and Zip
    22  Code:
    23  Grantee's Relationship to Grantor:
    24  Grantee's (Signer's) Printed Name:
    25  Grantee's (Signer's) Signature:
    26  Grantee's (Signer's) Residential Street Address,  City,  State  and  Zip
    27  Code:
    28  Type or Name of Document of Conveyance:
    29  PIN No. of Residential Real Property:
    30  Common Street Address of Residential Real Property:
    31  Description of Means of Identification:
    32  Additional Comments:
    33  Name of Notary or Commissioner of Deeds Printed:
    34  Notary Phone Number:
    35  Commission or Appointment Expiration Date:
    36  Street Address of Notary, City, State and Zip Code:
    37  Name of Notary's Employer or Principal:
    38  Business  Street  Address of Notary's Employer or Principal, City, State
    39  and Zip Code:
    40    5. Filing of the notarial record. The notary or commissioner of  deeds
    41  shall  file  the  notarial  record in accordance with the procedures set
    42  forth in this subdivision.
    43    a. The notarial record shall be delivered no later than fourteen  days
    44  after it is created to the clerk or office of the register of the county
    45  or city within which the residential property that is the subject of the
    46  conveyance is located.
    47    b.  If the notarial record was created by a notary public in the scope
    48  of his or her work for a title insurance company, title insurance agent,
    49  financial institution, law firm or attorney at law,  the  notary  public
    50  shall  deliver  the notarial record no later than fourteen days after it
    51  is created to such title insurance company, financial  institution,  law
    52  firm or attorney at law.  Such title insurance company, financial insti-
    53  tution,  law  firm  or  attorney at law, or any successor or assignee of
    54  such title insurance company, financial institution, law firm or  attor-
    55  ney at law within the seven-year retention period.

        A. 329--B                           4
 
     1    6.  The  notarial record shall be retained for ten years in accordance
     2  with the procedures described in subdivision five of this section.    No
     3  copies  of  the  original notarial record may be made or retained by the
     4  notary. The notary's employer or principal pursuant to  paragraph  b  of
     5  subdivision five of this section, or a notary attorney acting within the
     6  scope of his or her employment may retain copies of the notarial records
     7  as business records.
     8    7.  Any  person  or  entity  violating  the provisions of this section
     9  shall, in addition to all other penalties provided by law,  be  required
    10  to  file  an official bond in the amount of twenty-five thousand dollars
    11  for a first offense and fifty thousand dollars for a subsequent offense.
    12  The secretary of state shall assess such penalty following an  adjudica-
    13  tory  proceeding  conducted  in accordance with the state administrative
    14  procedure act.
    15    8. The failure of a notary or a commissioner of deeds to  comply  with
    16  the procedure set forth in this section shall not affect the validity of
    17  the  residential  real  property  transaction in connection to which the
    18  document of conveyance is executed, in the absence of fraud and forgery.
    19    § 2. Section 136 of the executive law  is  amended  by  adding  a  new
    20  subdivision 4 to read as follows:
    21    4.  For  performing a notarial act related to a document of conveyance
    22  for which a notarial record is required pursuant to section one  hundred
    23  thirty-five-d  of  this article, the notary or commissioner of deeds may
    24  charge a fee of twenty-five dollars in addition to any fees required  to
    25  file the notarial record.
    26    §  3.  Section  170.10  of  the penal law, subdivision 1 as amended by
    27  chapter 949 of the laws of 1984, is amended to read as follows:
    28  § 170.10 Forgery in the second degree.
    29    A person is guilty of forgery in the second  degree  when  he  or  she
    30  forges an owner's signature on a document purporting to be a document of
    31  conveyance  under false pretenses or, with intent to defraud, deceive or
    32  injure another, he or she falsely makes, completes or alters  a  written
    33  instrument  which is or purports to be, or which is calculated to become
    34  or to represent if completed:
    35    1. A [deed,] document of conveyance, will, codicil, contract,  assign-
    36  ment,  commercial  instrument,  credit  card, as that term is defined in
    37  subdivision seven of section 155.00 of this chapter, or other instrument
    38  which does or may evidence, create,  transfer,  terminate  or  otherwise
    39  affect a legal right, interest, obligation or status; or
    40    2.  A  public record, or an instrument filed or required or authorized
    41  by law to be filed in or with a public office or public servant; or
    42    3. A written instrument officially  issued  or  created  by  a  public
    43  office, public servant or governmental instrumentality; or
    44    4.  Part  of  an  issue  of  tokens,  public transportation transfers,
    45  certificates or other articles manufactured  and  designed  for  use  as
    46  symbols  of  value usable in place of money for the purchase of property
    47  or services; or
    48    5. A prescription of a duly licensed physician or other person author-
    49  ized to issue the same for any drug or any instrument or device used  in
    50  the  taking  or  administering  of  drugs  for  which  a prescription is
    51  required by law.
    52    Forgery in the second degree is a class D felony.
    53    § 4. Section 170.15 of the penal law is amended to read as follows:
    54  § 170.15 Forgery in the first degree.
    55    A person is guilty of forgery in the first degree when, with intent to
    56  defraud, deceive or injure another, he or she falsely  makes,  completes

        A. 329--B                           5
 
     1  or  alters  a written instrument which is or purports to be, or which is
     2  calculated to become or to represent if completed:
     3    1.  Part  of  an  issue of money, stamps, securities or other valuable
     4  instruments issued by a government or governmental instrumentality; [or]
     5    2. Part of an issue of stock, bonds or other instruments  representing
     6  interests  in or claims against a corporate or other organization or its
     7  property; or
     8    3. Part of a deed or a part of any type of a deed or other  instrument
     9  that transfers or otherwise affects residential real property, including
    10  a  mortgage,  an  assignment  of mortgage, a satisfaction of mortgage, a
    11  contract of sale, and any document that is required for recording a deed
    12  with a governmental agency.
    13    Forgery in the first degree is a class C felony.
    14    § 5. The penal law is amended by adding two new  sections  175.31  and
    15  175.32 to read as follows:
    16  § 175.31 Offering  a  false  instrument for filing in the second degree;
    17             real property.
    18    A person is  guilty of offering a false instrument for filing  in  the
    19  second  degree;  real  property  when, knowing that a written instrument
    20  contains  a false statement  or  false  information concerning a deed or
    21  a part of any type of a deed  or  other  instrument  that  transfers  or
    22  otherwise  affects  residential  real property, including a mortgage, an
    23  assignment of mortgage, a satisfaction of mortgage, a contract of  sale,
    24  and  any  document  that is required for recording a deed with a govern-
    25  mental agency,  he or she offers or presents it to a  public  office  or
    26  public  servant  with  the  knowledge or belief that  it  will  be filed
    27  with, registered or recorded in  or  otherwise  become  a  part  of  the
    28  records of such public office or public servant.
    29    Offering  a  false  instrument  for  filing in the second degree; real
    30  property is a class E felony.
    31  § 175.32 Offering a false instrument for filing  in  the  first  degree;
    32             real property.
    33    A  person  is  guilty of offering a false instrument for filing in the
    34  first degree; real property when:
    35    1.  knowing that a written instrument contains  a  false  statement or
    36  false information concerning a deed or a part of any type of a  deed  or
    37  other  instrument  that  transfers or otherwise affects residential real
    38  property, including a mortgage, an assignment of mortgage,  a  satisfac-
    39  tion  of mortgage, a contract of sale, and any document that is required
    40  for recording a deed with a governmental  agency,  and  with  intent  to
    41  defraud  the  state or any political subdivision,  public  authority  or
    42  public benefit  corporation of the state, he or she offers or   presents
    43  it    to a   public   office,   public servant,   public   authority  or
    44  public benefit  corporation  with  the knowledge or belief that it  will
    45  be  filed  with, registered   or   recorded in  or  otherwise  become  a
    46  part of the records  of  such  public  office,  public  servant,  public
    47  authority or public benefit corporation.
    48    Offering a false instrument for filing in the first degree; real prop-
    49  erty is a  class D felony.
    50    § 6. This act shall take effect immediately.
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