NY State Senate Bill 2025-S5177

Senate Bill S5177

2025-2026 Legislative Session

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

download bill text pdf

Current Bill Status - In Senate Committee Finance 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 19, 2025	referred to finance

2025-S5177 (ACTIVE) - Details

Current Committee:: Senate Finance
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 2023-2024 Legislative Session:: S5688

2025-S5177 (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.

2025-S5177 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5177

SPONSOR: COMRIE
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this bill is to prevent fraudulent deed transfers by
increasing the accountability of notaries who place their seal on docu-
ments of conveyance that transfer ownership of residential real proper-
ty.

This bill establishes that notaries and commissioners of deeds who are
not employed by a title insurance agency, law firm or financial institu-
tion, and who are involved in executing a document of conveyance, must
file a notarial record of the notarial act. The bill provides a template
of the notarial record, which includes, among other information, a

description of the nature of the property, the names of the parties
involved in the transfer, and the form of identification that was
presented. The notary is required to file the notarial record with the
County Clerk or the Recorder of Deeds.

 
SUMMARY OF PROVISIONS:

Section 1: Adds a new section to the executive law that requires nota-
ries to complete a notarial record when they are notarizing a document
of conveyance. Subdivision 1 of the bill describes who the bill applies
to all notaries licensed in the State of New York and Recorder of Deeds.

Subdivision 2 of the section defines what types of documents are
included in the definition of a document of conveyance.

Subdivisions 3 and 4 of the section describe exactly what information
the notary is required to obtain from the individuals who are using the
notary's seal on a document to transfer ownership of residential real
property.

Subdivision 5 establishes the requirement that notaries file the nota-
rial record with the County Clerk or the Recorder of Deeds where the
property is located within fourteen days of the record's completion.
Notaries who are employed through a title insurance agency, law firm,
financial institution, or who are working as an attorney at law are
required to keep the document as a business record as opposed to filing
with the clerk.

Subdivision 6 discusses how such record is made available in the limited
circumstances of a government investigation, court order, or a request
from the grant or named in the record.

Subdivision 7 establishes that if a notary fails to comply with the
bill's provisions, the notary will be subject to file an official bond
for no less than $25,000 for the first offense, and $50,000 for each
additional offense.
Subdivision 8 affirms that a notary's failure to comply, however, will
not invalidate the property transfer in the absence of fraud and
forgery.

§ 2: Permits notaries to charge up to $25 dollars when notarizing a
document of conveyance.

§ 3: Section 170.10 of the penal law, subdivision 1 as amended by chap-
ter 949 of the laws of 1984, is amended. Forgery in the second degree.

§ 4: § 170.15 Forgery in the first degree.

§ 5. The penal law is amended by adding two new sections: 175.31 and
175.36.

§ 6. Act and Effective date.

 
JUSTIFICATION:

Huge spikes in real estate values and lax standards for property trans-
fers have left many homeowners vulnerable to deceptive practices by
individuals and entities seeking to defraud homeowners out of their
title to the home to make a profit. The two most common mechanisms of
deed theft are through forged deeds and fraudulently transferred deeds.
In the instances of a forged deed, the forger signs the document convey-
ing real property as both the seller and buyer without any right to it.

This type of theft typically affects properties in which ownership has
recently passed through inheritance and these deed scammers quickly file
the forged deed, which legitimizes their title, and enables them to take
possession of the premises. In the case of fraudulently transferred
deeds, homeowners sign over their deeds, either knowingly or unknowing-
ly, under the false pretenses proffered by scammers.  These individuals
target homes in or nearing foreclosure by approaching the vulnerable
homeowners with promises of refinancing, preventing foreclosure or some
other financial relief, and some even manipulate the homeowners to do a
short sale, by which they promise to pay homeowners a sum of money to
satisfy the outstanding mortgage in exchange for short term title to the
property which they in turn promise to give back after the loan is
repaid. Unwitting homeowners are often left without a home and still
owing their mortgages.

This bill seeks to prevent both scenarios by requiring the notary who is
present at the signing of the document of conveyance to fill out and
file a notarial record. This record will indicate among other things the
parties to the conveyance, the documents of identification that are
presented to the notary, and the relationship the grantee and grantor
have to one another. The rationale is that the creation of such a docu-
ment will encourage the notary to be vigilant in identifying who the
grantor and grantee are and the legitimacy of the transaction.  Further
more, the filing of the record will assist in the subsequent investi-
gation and prosecution of fraudulent deed transfers by identifying any
pattern of fraudulent actors.

 
PRIOR LEGISLATIVE HISTORY:

2015-2016: A10425A - Ordered to Third reading cal.317

2017-2018: A6246A - Ordered to Third reading cal.440

2019-2020: A5201 - Ordered to Third reading cal.199

2020-2021: A4277 - Referred to Judiciary, reported referred to Codes,
reported referred to Rules, reported, rules report cal. 549, ordered to
third reading rules cal. 549, ordered to third reading cal. 145, amended
on third reading A4277A, Passed Assembly, delivered to Senate, referred
to codes.

2023-2024: S5688A Comrie/ A329B Walker; Passed Senate, ordered 3rd read-
ing cal

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S5177 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5177
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 19, 2025
                                ___________
 
 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 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
 PROPERTY SETTLEMENT RELATED THERETO,    OR  AGREEMENT  INCIDENTAL  TO  A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05833-01-5
 S. 5177                             2

 
 DECREE  OF  DIVORCE,  DISSOLUTION OF MARRIAGE, ANNULMENT, OR LEGAL SEPA-
 RATION;
   (II)  A TRANSFER ORDER BY A PROBATE COURT DURING THE ADMINISTRATION OF
 A DECEDENT'S ESTATE;
   (III) A COURT ORDERED VOIDING OF AN INSTRUMENT AFFECTING REAL  PROPER-
 TY;
   (IV)  A TRANSFER OF PROPERTY TO A TRUST IN WHICH THE BENEFICIARY IS OR
 INCLUDES THE GRANTOR; AND
   (V) A DEED FROM A GRANTOR TO THEMSELF THAT IS INTENDED TO  CHANGE  THE
 NATURE  OR  TYPE  OF TENANCY BY WHICH SUCH GRANTOR OWNS RESIDENTIAL REAL
 PROPERTY.
   B. "FINANCIAL INSTITUTION" SHALL MEAN A BANK, TRUST  COMPANY,  SAVINGS
 INSTITUTION,  OR  CREDIT  UNION, CHARTERED AND SUPERVISED UNDER STATE OR
 FEDERAL LAW.
   C. "NOTARIAL RECORD"  SHALL  MEAN  THE  WRITTEN  DOCUMENT  CREATED  IN
 CONFORMITY WITH THE REQUIREMENTS OF THIS SECTION.
   D.  "RESIDENTIAL  REAL  PROPERTY"  SHALL  MEAN A BUILDING OR BUILDINGS
 CONSISTING OF ONE TO FOUR DWELLING UNITS WHERE THE SQUARE FOOTAGE OF THE
 RESIDENTIAL  PORTION  EXCEEDS  THE  SQUARE  FOOTAGE  OF  ANY  COMMERCIAL
 PORTION.
   E.  "SIGNATORY"  SHALL  MEAN  THE PERSON OR PERSONS WHOSE SIGNATURE IS
 BEING ACKNOWLEDGED BY A NOTARY PUBLIC OR COMMISSIONER OF DEEDS.
   3. A NOTARY APPOINTED AND COMMISSIONED AS A NOTARY IN THIS STATE AND A
 COMMISSIONER OF DEEDS SHALL CREATE A NOTARIAL RECORD  OF  EACH  NOTARIAL
 ACT  PERFORMED IN CONNECTION WITH A DOCUMENT OF CONVEYANCE. THE NOTARIAL
 RECORD SHALL CONTAIN:
   A. THE DATE OF THE NOTARIAL ACT;
   B. THE TYPE, TITLE OR DESCRIPTION OF THE DOCUMENT OF CONVEYANCE  BEING
 NOTARIZED,  THE  BLOCK  AND  LOT NUMBER USED TO IDENTIFY THE RESIDENTIAL
 REAL PROPERTY FOR ASSESSMENT OR TAXATION PURPOSES, AND THE COMMON STREET
 ADDRESS FOR THE RESIDENTIAL REAL PROPERTY THAT IS  THE  SUBJECT  OF  THE
 DOCUMENT OF CONVEYANCE;
   C.  THE  SIGNATURE,  PRINTED NAME AND RESIDENCE STREET ADDRESS OF EACH
 PERSON WHOSE SIGNATURE IS THE SUBJECT OF THE NOTARIAL ACT, AND A CERTIF-
 ICATION BY THE PERSON THAT THE PROPERTY IS RESIDENTIAL REAL PROPERTY  AS
 DEFINED IN THIS SECTION;
   D.  A  DESCRIPTION OF THE SATISFACTORY EVIDENCE REVIEWED BY THE NOTARY
 OR THE COMMISSIONER OF DEEDS TO DETERMINE THE  IDENTITY  OF  THE  PERSON
 WHOSE  SIGNATURE  IS  THE  SUBJECT  OF  THE  NOTARIAL  ACT. SATISFACTORY
 EVIDENCE SHALL INCLUDE PRESENTATION OF ANY ONE OF  THE  FOLLOWING  DOCU-
 MENTS IDENTIFYING THE SIGNATORY OR SIGNATORIES:
   (I)  A VALID DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD ISSUED
 BY THE COMMISSIONER OF  MOTOR  VEHICLES,  THE  FEDERAL  GOVERNMENT,  ANY
 UNITED  STATES  TERRITORY,  COMMONWEALTH  OR POSSESSION, THE DISTRICT OF
 COLUMBIA, OR A STATE GOVERNMENT WITHIN THE UNITED STATES;
   (II) A VALID PASSPORT ISSUED BY THE UNITED STATES GOVERNMENT;
   (III) A VALID PASSPORT ISSUED BY A FOREIGN GOVERNMENT; OR
   (IV) A VALID MUNICIPAL IDENTIFICATION CARD ISSUED PURSUANT TO  SECTION
 3-115 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK; AND
   E. THE DATE OF NOTARIZATION, THE FEE CHARGED FOR THE NOTARIAL ACT, THE
 NOTARY'S  HOME  OR BUSINESS PHONE NUMBER, THE NOTARY'S BUSINESS OR RESI-
 DENCE STREET ADDRESS, THE NOTARY'S COMMISSION  EXPIRATION  DATE  OR  THE
 COMMISSIONER  OF  DEEDS  APPOINTMENT  EXPIRATION DATE, THE CORRECT LEGAL
 NAME OF THE NOTARY'S EMPLOYER OR  PRINCIPAL,  AND  THE  BUSINESS  STREET
 ADDRESS OF THE NOTARY'S EMPLOYER OR PRINCIPAL.
 S. 5177                             3
 
   4.  THE  NOTARIAL  RECORD  REQUIRED  UNDER  SUBDIVISION  THREE OF THIS
 SECTION SHALL BE CREATED AND MAINTAINED FOR  EACH  PERSON  OR  REPRESEN-
 TATIVE  WHOSE  SIGNATURE  IS  THE  SUBJECT OF A NOTARIAL ACT REGARDING A
 DOCUMENT OF CONVEYANCE. IT SHALL BE IN SUBSTANTIALLY THE FOLLOWING FORM:
 NOTARIAL RECORD:
                               DEED TRANSFER
 I,  ________________________(GRANTOR)  HEREBY  AUTHORIZE THE TRANSFER OF
 OWNERSHIP OF MY PROPERTY TO THE GRANTEE DESIGNATED BELOW. I UNDERSTAND I
 MAY BE TRANSFERRING OWNERSHIP OF MY HOME.
 DATE NOTARIZED:
 FEE: $
 THE UNDERSIGNED GRANTOR HEREBY CERTIFIES THAT THE REAL PROPERTY  IDENTI-
 FIED  IN THIS NOTARIAL RECORD IS RESIDENTIAL REAL PROPERTY AS DEFINED IN
 SECTION 135-D OF THE EXECUTIVE LAW.
 GRANTOR'S (SIGNER'S) PRINTED NAME:
 GRANTOR'S (SIGNER'S) SIGNATURE:
 GRANTOR'S (SIGNER'S) RESIDENTIAL STREET ADDRESS,  CITY,  STATE  AND  ZIP
 CODE:
 GRANTEE'S RELATIONSHIP TO GRANTOR:
 GRANTEE'S (SIGNER'S) PRINTED NAME:
 GRANTEE'S (SIGNER'S) SIGNATURE:
 GRANTEE'S  (SIGNER'S)  RESIDENTIAL  STREET  ADDRESS, CITY, STATE AND ZIP
 CODE:
 TYPE OR NAME OF DOCUMENT OF CONVEYANCE:
 PIN NO. OF RESIDENTIAL REAL PROPERTY:
 COMMON STREET ADDRESS OF RESIDENTIAL REAL PROPERTY:
 DESCRIPTION OF MEANS OF IDENTIFICATION:
 ADDITIONAL COMMENTS:
 NAME OF NOTARY OR COMMISSIONER OF DEEDS PRINTED:
 NOTARY PHONE NUMBER:
 COMMISSION OR APPOINTMENT EXPIRATION DATE:
 STREET ADDRESS OF NOTARY, CITY, STATE AND ZIP CODE:
 NAME OF NOTARY'S EMPLOYER OR PRINCIPAL:
 BUSINESS STREET ADDRESS OF NOTARY'S EMPLOYER OR PRINCIPAL,  CITY,  STATE
 AND ZIP CODE:
   5.  FILING OF THE NOTARIAL RECORD. THE NOTARY OR COMMISSIONER OF DEEDS
 SHALL FILE THE NOTARIAL RECORD IN ACCORDANCE  WITH  THE  PROCEDURES  SET
 FORTH IN THIS SUBDIVISION.
   A.  THE NOTARIAL RECORD SHALL BE DELIVERED NO LATER THAN FOURTEEN DAYS
 AFTER IT IS CREATED TO THE CLERK OR OFFICE OF THE REGISTER OF THE COUNTY
 OR CITY WITHIN WHICH THE RESIDENTIAL PROPERTY THAT IS THE SUBJECT OF THE
 CONVEYANCE IS LOCATED.
   B. IF THE NOTARIAL RECORD WAS CREATED BY A NOTARY PUBLIC IN THE  SCOPE
 OF  THEIR  WORK  FOR  A  TITLE INSURANCE COMPANY, TITLE INSURANCE AGENT,
 FINANCIAL INSTITUTION, LAW FIRM OR ATTORNEY AT LAW,  THE  NOTARY  PUBLIC
 SHALL  DELIVER  THE NOTARIAL RECORD NO LATER THAN FOURTEEN DAYS AFTER IT
 IS CREATED TO SUCH TITLE INSURANCE COMPANY, FINANCIAL  INSTITUTION,  LAW
 FIRM OR ATTORNEY AT LAW.  SUCH TITLE INSURANCE COMPANY, FINANCIAL INSTI-
 TUTION,  LAW  FIRM  OR  ATTORNEY AT LAW, OR ANY SUCCESSOR OR ASSIGNEE OF
 SUCH TITLE INSURANCE COMPANY, FINANCIAL INSTITUTION, LAW FIRM OR  ATTOR-
 NEY AT LAW WITHIN THE SEVEN-YEAR RETENTION PERIOD.
   6.  THE  NOTARIAL RECORD SHALL BE RETAINED FOR TEN YEARS IN ACCORDANCE
 WITH THE PROCEDURES DESCRIBED IN SUBDIVISION FIVE OF  THIS  SECTION.  NO
 COPIES  OF  THE  ORIGINAL NOTARIAL RECORD MAY BE MADE OR RETAINED BY THE
 NOTARY. THE NOTARY'S EMPLOYER OR PRINCIPAL PURSUANT TO  PARAGRAPH  B  OF
 SUBDIVISION FIVE OF THIS SECTION, OR A NOTARY ATTORNEY ACTING WITHIN THE
 S. 5177                             4
 
 SCOPE  OF  THEIR EMPLOYMENT MAY RETAIN COPIES OF THE NOTARIAL RECORDS AS
 BUSINESS RECORDS.
   7.  ANY  PERSON  OR  ENTITY  VIOLATING  THE PROVISIONS OF THIS SECTION
 SHALL, IN ADDITION TO ALL OTHER PENALTIES PROVIDED BY LAW,  BE  REQUIRED
 TO  FILE  AN OFFICIAL BOND IN THE AMOUNT OF TWENTY-FIVE THOUSAND DOLLARS
 FOR A FIRST OFFENSE AND FIFTY THOUSAND DOLLARS FOR A SUBSEQUENT OFFENSE.
 THE SECRETARY OF STATE SHALL ASSESS SUCH PENALTY FOLLOWING AN  ADJUDICA-
 TORY  PROCEEDING  CONDUCTED  IN ACCORDANCE WITH THE STATE ADMINISTRATIVE
 PROCEDURE ACT.
   8. THE FAILURE OF A NOTARY OR A COMMISSIONER OF DEEDS TO  COMPLY  WITH
 THE PROCEDURE SET FORTH IN THIS SECTION SHALL NOT AFFECT THE VALIDITY OF
 THE  RESIDENTIAL  REAL  PROPERTY  TRANSACTION IN CONNECTION TO WHICH THE
 DOCUMENT OF CONVEYANCE IS EXECUTED, IN THE ABSENCE OF FRAUD AND FORGERY.
   § 2. Section 136 of the executive law  is  amended  by  adding  a  new
 subdivision 4 to read as follows:
   4.  FOR  PERFORMING A NOTARIAL ACT RELATED TO A DOCUMENT OF CONVEYANCE
 FOR WHICH A NOTARIAL RECORD IS REQUIRED PURSUANT TO SECTION ONE  HUNDRED
 THIRTY-FIVE-D  OF  THIS ARTICLE, THE NOTARY OR COMMISSIONER OF DEEDS MAY
 CHARGE A FEE OF TWENTY-FIVE DOLLARS IN ADDITION TO ANY FEES REQUIRED  TO
 FILE THE NOTARIAL RECORD.
   §  3.  Section  170.10  of  the penal law, subdivision 1 as amended by
 chapter 949 of the laws of 1984, is amended to read as follows:
 § 170.10 Forgery in the second degree.
   A person is guilty of forgery in the second degree  when  SUCH  PERSON
 FORGES AN OWNER'S SIGNATURE ON A DOCUMENT PURPORTING TO BE A DOCUMENT OF
 CONVEYANCE  UNDER FALSE PRETENSES OR, with intent to defraud, deceive or
 injure another, [he] SUCH PERSON falsely makes, completes  or  alters  a
 written instrument which is or purports to be, or which is calculated to
 become or to represent if completed:
   1.  A [deed,] DOCUMENT OF CONVEYANCE, will, codicil, contract, assign-
 ment, commercial instrument, credit card, as that  term  is  defined  in
 subdivision  seven  of  section 155.00 OF THIS PART, or other instrument
 which does or may evidence, create,  transfer,  terminate  or  otherwise
 affect a legal right, interest, obligation or status; or
   2.  A  public record, or an instrument filed or required or authorized
 by law to be filed in or with a public office or public servant; or
   3. A written instrument officially  issued  or  created  by  a  public
 office, public servant or governmental instrumentality; or
   4.  Part  of  an  issue  of  tokens,  public transportation transfers,
 certificates or other articles manufactured  and  designed  for  use  as
 symbols  of  value usable in place of money for the purchase of property
 or services; or
   5. A prescription of a duly licensed physician or other person author-
 ized to issue the same for any drug or any instrument or device used  in
 the  taking  or  administering  of  drugs  for  which  a prescription is
 required by law.
   Forgery in the second degree is a class D felony.
   § 4. Section 170.15 of the penal law is amended to read as follows:
 § 170.15 Forgery in the first degree.
   A person is guilty of forgery in the first degree when, with intent to
 defraud, deceive or injure another,  [he]  SUCH  PERSON  falsely  makes,
 completes  or alters a written instrument which is or purports to be, or
 which is calculated to become or to represent if completed:
   1. Part of an issue of money, stamps,  securities  or  other  valuable
 instruments issued by a government or governmental instrumentality; [or]
 S. 5177                             5
 
   2.  Part of an issue of stock, bonds or other instruments representing
 interests in or claims against a corporate or other organization or  its
 property; OR
   3.  PART OF A DEED OR A PART OF ANY TYPE OF A DEED OR OTHER INSTRUMENT
 THAT TRANSFERS OR OTHERWISE AFFECTS RESIDENTIAL REAL PROPERTY, INCLUDING
 A MORTGAGE, AN ASSIGNMENT OF MORTGAGE, A  SATISFACTION  OF  MORTGAGE,  A
 CONTRACT OF SALE, AND ANY DOCUMENT THAT IS REQUIRED FOR RECORDING A DEED
 WITH A GOVERNMENTAL AGENCY.
   Forgery in the first degree is a class C felony.
   §  5.  The  penal law is amended by adding two new sections 175.31 and
 175.32 to read as follows:
 § 175.31 OFFERING A FALSE INSTRUMENT FOR FILING IN  THE  SECOND  DEGREE;
            REAL PROPERTY.
   A  PERSON IS   GUILTY OF OFFERING A FALSE INSTRUMENT FOR FILING IN THE
 SECOND DEGREE; REAL PROPERTY WHEN, KNOWING  THAT  A  WRITTEN  INSTRUMENT
 CONTAINS  A FALSE STATEMENT  OR  FALSE  INFORMATION CONCERNING A DEED OR
 A  PART  OF  ANY  TYPE  OF  A DEED OR OTHER INSTRUMENT THAT TRANSFERS OR
 OTHERWISE AFFECTS RESIDENTIAL REAL PROPERTY, INCLUDING  A  MORTGAGE,  AN
 ASSIGNMENT  OF MORTGAGE, A SATISFACTION OF MORTGAGE, A CONTRACT OF SALE,
 AND ANY DOCUMENT THAT IS REQUIRED FOR RECORDING A DEED  WITH  A  GOVERN-
 MENTAL  AGENCY,  SUCH PERSON OFFERS OR PRESENTS IT TO A PUBLIC OFFICE OR
 PUBLIC SERVANT WITH THE KNOWLEDGE OR BELIEF THAT   IT   WILL   BE  FILED
 WITH,  REGISTERED  OR  RECORDED  IN  OR  OTHERWISE  BECOME A PART OF THE
 RECORDS OF SUCH PUBLIC OFFICE OR PUBLIC SERVANT.
   OFFERING A FALSE INSTRUMENT FOR FILING  IN  THE  SECOND  DEGREE;  REAL
 PROPERTY IS A CLASS E FELONY.
 § 175.32 OFFERING  A  FALSE  INSTRUMENT  FOR FILING IN THE FIRST DEGREE;
            REAL PROPERTY.
   A  PERSON  IS  GUILTY OF OFFERING A FALSE INSTRUMENT FOR FILING IN THE
 FIRST DEGREE; REAL PROPERTY WHEN:
   1. KNOWING THAT A WRITTEN INSTRUMENT CONTAINS  A  FALSE  STATEMENT  OR
 FALSE  INFORMATION  CONCERNING A DEED OR A PART OF ANY TYPE OF A DEED OR
 OTHER INSTRUMENT THAT TRANSFERS OR OTHERWISE  AFFECTS  RESIDENTIAL  REAL
 PROPERTY,  INCLUDING  A MORTGAGE, AN ASSIGNMENT OF MORTGAGE, A SATISFAC-
 TION OF MORTGAGE, A CONTRACT OF SALE, AND ANY DOCUMENT THAT IS  REQUIRED
 FOR  RECORDING  A  DEED  WITH  A GOVERNMENTAL AGENCY, AND WITH INTENT TO
 DEFRAUD THE STATE OR ANY POLITICAL SUBDIVISION,  PUBLIC   AUTHORITY   OR
 PUBLIC  BENEFIT    CORPORATION  OF  THE  STATE,  SUCH  PERSON  OFFERS OR
 PRESENTS  IT  TO A  PUBLIC  OFFICE,  PUBLIC SERVANT,  PUBLIC   AUTHORITY
 OR    PUBLIC BENEFIT  CORPORATION  WITH  THE KNOWLEDGE OR BELIEF THAT IT
 WILL BE FILED WITH, REGISTERED  OR  RECORDED IN  OR   OTHERWISE   BECOME
 A    PART  OF  THE RECORDS OF SUCH PUBLIC OFFICE, PUBLIC SERVANT, PUBLIC
 AUTHORITY OR PUBLIC BENEFIT CORPORATION.
   OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE; REAL PROP-
 ERTY IS A  CLASS D FELONY.
   § 6. This act shall take effect immediately.

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