Bill > A10441

This bill amends executive law to add new duties for notaries public when they are involved with instruments that convey residential real property, which means documents that transfer ownership of a home. Specifically, notaries must now keep a detailed journal of each such notarization, including information like the date, time, location, the type of document, the principal's (the person signing) name and address, any technology used for remote notarizations, and a copy of the identification used, along with the principal's thumbprint. Furthermore, notaries are required to conduct a specific verbal questioning, called a colloquy, with the principal to ensure they understand they are transferring ownership of their property, often by selling their home, and that they are doing so voluntarily and without coercion. This colloquy must be in writing, signed by both the principal and the notary, and if an interpreter is used, they must also sign. Any conveyance of residential real property that doesn't follow these new requirements will be considered void, meaning it will have no legal effect. The bill also mandates that the secretary of state will establish an educational program for notaries on these new rules, and notaries who haven't completed it will be unqualified to certify such conveyances, making their actions voidable.

Justice

https://www.nysenate.gov/legislation/bills/2025/A10441