Bill > S05177

This bill introduces comprehensive new requirements for notaries public and commissioners of deeds when handling residential real property transfer documents. Specifically, the bill mandates that these officials must create and maintain a detailed "notarial record" for each property transfer, which includes information such as the date of the notarial act, property identification details, signatures of all parties, proof of identity documentation, and contact information for the notary. These records must be filed within 14 days with the county clerk's office or, if the notary works for a specific institution like a law firm or financial institution, with that organization. The notarial record must be retained for ten years, and no copies can be made by the notary themselves (though their employer may keep copies). The bill also expands legal definitions related to property transfers and creates new criminal offenses related to forgery and false documentation of residential real property transactions. Violations of these new requirements can result in significant financial penalties, including mandatory bonds of $25,000 for a first offense and $50,000 for subsequent offenses. Notaries are now permitted to charge an additional $25 fee for creating these required records, and the bill introduces more stringent criminal penalties for fraudulent actions involving residential property documents.

Budget and Finance, Justice

https://www.nysenate.gov/legislation/bills/2025/S5177