Senate Bill S5688A

2023-2024 Legislative Session

Requires notaries public and commissioners of deeds to complete and retain certain documents relating to the transfer of residential real property

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Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2023-S5688 - Details

See Assembly Version of this Bill:
A329
Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Add §135-d, amd §136, Exec L; amd §§170.10 & 170.15, add §§175.31 & 175.32, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: A10425
2017-2018: A6246
2019-2020: A5201
2021-2022: A4277

2023-S5688 - Summary

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.

2023-S5688 - Sponsor Memo

2023-S5688 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5688
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 13, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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 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:
 
   Section  1. The executive law is amended by adding a new section 135-d
 to read as follows:
   § 135-D. REQUIREMENTS OF NOTARIES PUBLIC AND  COMMISSIONERS  OF  DEEDS
 RELATED TO CERTAIN INSTRUMENTS AFFECTING REAL PROPERTY.  1. THIS SECTION
 SHALL  APPLY  TO EVERY NOTARIAL ACT IN THE STATE INVOLVING A DOCUMENT OF
 CONVEYANCE THAT TRANSFERS OR PURPORTS TO TRANSFER TITLE WITH RESPECT  TO
 RESIDENTIAL  REAL  PROPERTY LOCATED IN THE STATE. IT SHALL ALSO APPLY TO
 COMMISSIONERS OF DEEDS APPOINTED PURSUANT TO SECTION ONE  HUNDRED  FORTY
 OF THIS ARTICLE.
   2. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   A.  "DOCUMENT  OF  CONVEYANCE"  SHALL  MEAN  A WRITTEN INSTRUMENT THAT
 TRANSFERS OR PURPORTS TO TRANSFER TITLE EFFECTING A CHANGE IN  OWNERSHIP
 TO RESIDENTIAL REAL PROPERTY, EXCLUDING:
   (I)  COURT  ORDERED  OR  COURT-AUTHORIZED TRANSFER OF RESIDENTIAL REAL
 PROPERTY INCLUDING BUT NOT LIMITED TO  A  TRANSFER  BETWEEN  SPOUSES  OR
 FORMER  SPOUSES  AS  A  RESULT  OF  A  DECREE OF DIVORCE, DISSOLUTION OF
 MARRIAGE, ANNULMENT, OR LEGAL SEPARATION, OR AS  A  RESULT  OF  PROPERTY
 SETTLEMENT,  OR AGREEMENT INCIDENTAL TO A DECREE OF DIVORCE, DISSOLUTION
 OF MARRIAGE, ANNULMENT, OR LEGAL SEPARATION;
   (II) A TRANSFER ORDER BY A PROBATE COURT DURING THE ADMINISTRATION  OF
 A DECEDENT'S ESTATE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00998-03-3
              

2023-S5688A (ACTIVE) - Details

See Assembly Version of this Bill:
A329
Current Committee:
Assembly Codes
Law Section:
Executive Law
Laws Affected:
Add §135-d, amd §136, Exec L; amd §§170.10 & 170.15, add §§175.31 & 175.32, Pen L
Versions Introduced in Other Legislative Sessions:
2015-2016: A10425
2017-2018: A6246
2019-2020: A5201
2021-2022: A4277

2023-S5688A (ACTIVE) - Summary

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.

2023-S5688A (ACTIVE) - Sponsor Memo

2023-S5688A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5688--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 13, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to  the  Committee  on  Finance  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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:
 
   Section 1. The executive law is amended by adding a new section  135-d
 to read as follows:
   §  135-D.  REQUIREMENTS  OF NOTARIES PUBLIC AND COMMISSIONERS OF DEEDS
 RELATED TO CERTAIN INSTRUMENTS AFFECTING REAL PROPERTY.  1. THIS SECTION
 SHALL APPLY TO EVERY NOTARIAL ACT IN THE STATE INVOLVING A  DOCUMENT  OF
 CONVEYANCE  THAT TRANSFERS OR PURPORTS TO TRANSFER TITLE WITH RESPECT TO
 RESIDENTIAL REAL PROPERTY LOCATED IN THE STATE. IT SHALL ALSO  APPLY  TO
 COMMISSIONERS  OF  DEEDS APPOINTED PURSUANT TO SECTION ONE HUNDRED FORTY
 OF THIS ARTICLE.
   2. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
   A. "DOCUMENT OF CONVEYANCE" SHALL MEAN A  DEED,  INDENTURE,  OR  OTHER
 WRITTEN  INSTRUMENT THAT TRANSFERS OR PURPORTS TO TRANSFER TITLE EFFECT-
 ING A CHANGE IN OWNERSHIP TO RESIDENTIAL  REAL  PROPERTY,  OR  OTHERWISE
 PRESENTED TO EVIDENCE THE CONVEYANCE OF REAL PROPERTY OWNERSHIP FROM ONE
 PARTY TO ANOTHER EXCLUDING:
   (I) COURT ORDERED TRANSFER OR OTHERWISE EFFECTED CHANGE OF RESIDENTIAL
 REAL PROPERTY INCLUDING BUT NOT LIMITED TO  A  TRANSFER  BETWEEN  SPOUS-
 ES  OR FORMER  SPOUSES  AS  A  RESULT  OF  A  DECREE OF DIVORCE, DISSOL-
 UTION OF MARRIAGE, ANNULMENT, OR LEGAL SEPARATION, OR AS  A  RESULT   OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00998-05-3
              

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