Bill > S00398

This bill introduces new requirements for notaries public when certifying documents that convey residential real property in New York State. Notaries must now maintain a detailed journal for each property conveyance, recording specific information such as the location, date, time, type of document, principal's details, identification credentials, and requiring the principal's thumbprint. Additionally, notaries must conduct a comprehensive verbal colloquy with the property owner, asking a series of carefully scripted questions to ensure the owner understands the implications of transferring property ownership. The colloquy includes verifying the owner's language comprehension, understanding of the deed's purpose, confirmation of voluntary participation, and checking for potential coercion. If an interpreter is needed, they must also sign and certify the translation. Any conveyance that does not follow these procedures will be deemed void. The bill also mandates that the Secretary of State develop an educational program for notaries, and notaries must complete this program to be qualified to certify property conveyance documents. The new requirements aim to protect property owners from potential fraud or unintended property transfers by ensuring a thorough, documented verification process.

Budget and Finance

https://www.nysenate.gov/legislation/bills/2025/S398