{ "type": "practice-guide", "canonical": "https://openagreements.org/practice-guides/deed-execution/us/new-york", "links": [ { "rel": "self", "href": "https://openagreements.org/practice-guides/deed-execution/us/new-york.json", "type": "application/json" }, { "rel": "alternate", "href": "https://openagreements.org/practice-guides/deed-execution/us/new-york", "type": "text/html" }, { "rel": "alternate", "href": "https://openagreements.org/practice-guides/deed-execution/us/new-york/markdown", "type": "text/markdown" }, { "rel": "alternate", "href": "https://openagreements.org/practice-guides/deed-execution/us/new-york/json", "type": "application/json" }, { "rel": "license", "href": "https://creativecommons.org/licenses/by/4.0/", "type": "text/html", "external": true, "title": "CC BY 4.0" } ], "data": { "topic": "deed-execution", "state": "new-york", "frontmatter": { "title": "Notary and Deed-Execution Requirements Under New York Law", "description": "What makes a New York deed valid and recordable, who may take the acknowledgment, when a New York notary may act online, how recording offices treat electronic deeds, and which defects New York cures.", "state": "New York", "country_code": "US", "lastReviewed": "2026-10-06", "license": "CC BY 4.0", "authors": [ "steven-obiajulu" ], "about": [ "deed execution", "acknowledgments", "subscribing witnesses", "certificates of conformity", "electronic notarization", "remote online notarization", "electronic recording", "curative statutes", "transfer tax forms" ] }, "questions": [ { "slug": "execution-requirements", "label": "What does New York require for a deed to be valid and recordable?", "heading": "What does New York require for a deed of New York land to be valid and recordable?", "answerText": "Read together, New York's statutes require an ordinary deed to be written, subscribed and delivered to take effect between the parties, and to be acknowledged by its signer or proved by a subscribing witness, with an officer's certificate, to be recorded. New York has no single statutory list of these formalities, so this guide numbers them as five elements, which are requirements rather than a complete test of a valid conveyance.", "sources": [ { "id": "gol-5-703-writing-subscribed", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Gen. Oblig. Law § 5-703(1) — Conveyances concerning real property required to be in writing", "citation": "N.Y. Gen. Oblig. Law § 5-703(1) (2026).", "url": "https://www.nysenate.gov/legislation/laws/GOB/5-703", "proposition": "General Obligations Law § 5-703(1) permits an interest in real property, other than a lease of one year or less, to be created or granted, other than by act or operation of law, only by a writing subscribed by the person granting it or by that person's lawful agent authorized in writing.", "verbatimQuote": "1. An estate or interest in real property, other than a lease for a term not exceeding one year, or any trust or power, over or concerning real property, or in any manner relating thereto, cannot be created, granted, assigned, surrendered or declared, unless by act or operation of law, or by a deed or conveyance in writing, subscribed by the person creating, granting, assigning, surrendering or declaring the same, or by his lawful agent, thereunto authorized by writing.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-gol-5-703-writing-subscribed" }, { "id": "rpl-243-subscription-witness", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 243 — Grant of fee or freehold", "citation": "N.Y. Real Prop. Law § 243 (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/243", "proposition": "Real Property Law § 243 requires a grant in fee or of a freehold to be subscribed by the grantor or a lawful agent authorized in writing and, if the grant was not acknowledged before delivery, requires at least one attesting witness or else defers its effect against a later purchaser or incumbrancer until it is acknowledged.", "verbatimQuote": "A grant in fee or of a freehold estate, must be subscribed by the person from whom the estate or interest conveyed is intended to pass, or by his lawful agent thereunto authorized in writing. If not duly acknowledged before its delivery, according to the provisions of this chapter, its execution and delivery must be attested by at least one witness, or, if not so attested, it does not take effect as against a subsequent purchaser or incumbrancer until so acknowledged.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-243-subscription-witness" }, { "id": "rpl-244-delivery-effect", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 244 — When grant takes effect", "citation": "N.Y. Real Prop. Law § 244 (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/244", "proposition": "Real Property Law § 244 provides that a grant vests the estate conveyed only from its delivery.", "verbatimQuote": "A grant takes effect, so as to vest the estate or interest intended to be conveyed, only from its delivery; and all the rules of law, now in force, in respect to the delivery of deeds, apply to grants hereafter executed.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-244-delivery-effect" }, { "id": "rpl-291-recording-condition", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 291 — Recording of conveyances", "citation": "N.Y. Real Prop. Law § 291 (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/291", "proposition": "Real Property Law § 291 permits a conveyance to be recorded in the county where the land lies once it is duly acknowledged by the person executing it, or proved, and the acknowledgment or proof is duly certified, and requires the county clerk or city registrar to record it on request and tender of fees.", "verbatimQuote": "A conveyance of real property, within the state, on being duly acknowledged by the person executing the same, or proved as required by this chapter, and such acknowledgment or proof duly certified when required by this chapter, may be recorded in the office of the clerk of the county where such real property is situated, and such county clerk or city registrar where applicable shall, upon the request of any party, on tender of the lawful fees therefor, record the same in said office.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-291-recording-condition" }, { "id": "rpl-292-who-acknowledges", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 292 — By whom conveyance must be acknowledged or proved", "citation": "N.Y. Real Prop. Law § 292 (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/292", "proposition": "Real Property Law § 292 provides that, except as article 9 otherwise provides, an acknowledgment may be made only by the person who executed the conveyance and a proof only by another person who witnessed the execution and subscribed as a witness at the same time.", "verbatimQuote": "Except as otherwise provided by this article, such acknowledgment can be made only by the person who executed the conveyance, and such proof can be made only by some other person, who was a witness of its execution, and at the same time subscribed his name to the conveyance as a witness.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-292-who-acknowledges" }, { "id": "rpl-306-certificate-content", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 306 — Certificate of acknowledgment or proof", "citation": "N.Y. Real Prop. Law § 306 (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/306", "proposition": "Real Property Law § 306 requires the officer taking an acknowledgment or proof to endorse or attach a signed certificate stating all the matters required to be done, known or proved.", "verbatimQuote": "A person taking the acknowledgement or proof of a conveyance must indorse thereupon or attach thereto, a certificate, signed by himself, stating all the matters required to be done, known, or proved on the taking of such acknowledgement or proof; together with the name and substance of the testimony of each witness examined before him, and if a subscribing witness, his place of residence.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-306-certificate-content" }, { "id": "rpl-318-certificate-recorded", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 318 — Certificate to be recorded", "citation": "N.Y. Real Prop. Law § 318 (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/318", "proposition": "Real Property Law § 318 requires the certificate of acknowledgment or proof, and any required authentication, to be recorded with the instrument, or neither the record nor a transcript can be read in evidence.", "verbatimQuote": "The certificate of the acknowledgment or proof of the execution of an instrument, and the certificate authenticating the signature or seal of the officer so certifying, or both, if required, must be recorded together with the instrument so acknowledged or proved; otherwise neither the record of the instrument nor a transcript thereof can be read in evidence.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-318-certificate-recorded" }, { "id": "galetta-unacknowledged-deed-parties", "authorityType": "case-law", "tier": "primary-source-backed", "title": "Galetta v. Galetta", "citation": "Galetta v. Galetta, 21 N.Y.3d 186 (2013).", "url": "https://www.courtlistener.com/opinion/5642248/galetta-v-galetta/", "deepLink": "https://www.courtlistener.com/opinion/5642248/galetta-v-galetta/#:~:text=Although%20an%20unacknowledged%20deed%20cannot,the%20grantor%20and%20the%20purchaser).", "proposition": "Galetta v. Galetta states that an unacknowledged deed cannot be recorded, which leaves it invalid against a later good-faith purchaser for value, but may still be enforceable between the grantor and the grantee.", "verbatimQuote": "Although an unacknowledged deed cannot be recorded (rendering it invalid against a subsequent good faith purchaser for value) it may still be enforceable between the parties to the document (i.e., the grantor and the purchaser).", "date": "2013-05-30", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-galetta-unacknowledged-deed-parties" }, { "id": "rpl-333-recording-report-condition", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 333(1-e)(i) — Transfer report or receipt", "citation": "N.Y. Real Prop. Law § 333(1-e)(i) (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/333", "proposition": "Real Property Law § 333(1-e)(i) bars recording a conveyance of New York land unless it is accompanied by a Department of Taxation and Finance receipt or by the prescribed transfer report form and fee.", "verbatimQuote": "1-e. i. A recording officer shall not record or accept for recording any conveyance of real property affecting land in New York state unless accompanied by one of the following: (1) a receipt issued by the commissioner of taxation and finance pursuant to subdivision (c) of section fourteen hundred twenty-three of the tax law; or (2) a transfer report form prescribed by the commissioner of taxation and finance, and the fee prescribed pursuant to subdivision three of this section.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-333-recording-report-condition" }, { "id": "rpl-424-tod-requirements", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 424(7) — Transfer on death deed requirements", "citation": "N.Y. Real Prop. Law § 424(7) (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/424", "proposition": "Real Property Law § 424(7) requires a transfer on death deed to have the essential elements and formalities of a recordable inter vivos deed, except as the subdivision provides, and to state that the transfer occurs at death, be signed by two witnesses present at the same time, be acknowledged before a notary public and be recorded before the transferor's death.", "verbatimQuote": "7. Requirements. A transfer on death deed: (a) except as otherwise provided in this subdivision, shall contain the essential elements and formalities of a properly recordable inter vivos deed; (b) shall state that the transfer to the designated beneficiary is to occur at the transferor's death; (c) shall be signed by two witnesses who were present at the same time and who witnessed the signing of the transfer on death deed; (d) shall be acknowledged before a notary public; and (e) shall be recorded before the transferor's death in the public records in the county clerk's office of the county where the property is located in the same manner as any other type of deed.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-424-tod-requirements" }, { "id": "rpl-424-tod-no-delivery", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 424(8) — Delivery not required", "citation": "N.Y. Real Prop. Law § 424(8) (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/424", "proposition": "Real Property Law § 424(8) makes a transfer on death deed effective without notice or delivery to, or acceptance by, the designated beneficiary during the transferor's life, and without consideration.", "verbatimQuote": "8. Notice, delivery, acceptance, consideration not required. A transfer on death deed shall be effective without: (a) notice or delivery to or acceptance by the designated beneficiary during the transferor's life; or (b) consideration.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-424-tod-no-delivery" }, { "id": "rpl-291-unrecorded-void", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 291 — Recording of conveyances", "citation": "N.Y. Real Prop. Law § 291 (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/291", "proposition": "Real Property Law § 291 makes an unrecorded conveyance void against a later good-faith purchaser for value from the same vendor, or the vendor's distributees or devisees, whose own conveyance is first duly recorded.", "verbatimQuote": "Every such conveyance not so recorded is void as against any person who subsequently purchases or acquires by exchange or contracts to purchase or acquire by exchange, the same real property or any portion thereof, or acquires by assignment the rent to accrue therefrom as provided in section two hundred ninety-four-a of this article, in good faith and for a valuable consideration, from the same vendor or assignor, his distributees or devisees, and whose conveyance, contract or assignment is first duly recorded, and is void as against the lien upon the same real property or any portion thereof arising from payments made upon the execution of or pursuant to the terms of a contract with the same vendor, his distributees or devisees, if such contract is made in good faith and is first duly recorded.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-291-unrecorded-void" } ] }, { "slug": "acknowledgment-certificate", "label": "What must a New York deed acknowledgment show to be recorded?", "heading": "What must a New York deed's acknowledgment and notary certificate show for the deed to be recorded?", "answerText": "A New York deed may be recorded once the signer duly acknowledges it, or it is proved, and the acknowledgment or proof is duly certified. The Court of Appeals held in Galetta v. Galetta that three Real Property Law provisions together define a proper acknowledgment, and that the certificate exists to show that the signer declared the signing and that the officer knew the signer or had satisfactory evidence of identity.", "sources": [ { "id": "rpl-291-acknowledged-to-record", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 291 — Recording of conveyances", "citation": "N.Y. Real Prop. Law § 291 (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/291", "proposition": "Real Property Law § 291 permits a conveyance of New York real property to be recorded once it is duly acknowledged by the person executing it, or proved, and the acknowledgment or proof is duly certified.", "verbatimQuote": "A conveyance of real property, within the state, on being duly acknowledged by the person executing the same, or proved as required by this chapter, and such acknowledgment or proof duly certified when required by this chapter, may be recorded in the office of the clerk of the county where such real property is situated, and such county clerk or city registrar where applicable shall, upon the request of any party, on tender of the lawful fees therefor, record the same in said office.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-291-acknowledged-to-record" }, { "id": "galetta-three-provisions", "authorityType": "case-law", "tier": "primary-source-backed", "title": "Galetta v. Galetta", "citation": "Galetta v. Galetta, 21 N.Y.3d 186, 192 (2013).", "url": "https://www.courtlistener.com/opinion/5642248/galetta-v-galetta/", "deepLink": "https://www.courtlistener.com/opinion/5642248/galetta-v-galetta/#:~:text=Three%20provisions%20of%20the%20Real,in%20fact%20signed%20the%20document.", "proposition": "Galetta v. Galetta reads three Real Property Law provisions together as the requisites of a proper acknowledgment, beginning with § 292's requirement that the signer orally acknowledge to the officer having signed the document.", "verbatimQuote": "Three provisions of the Real Property Law must be read together to discern the requisites of a proper acknowledgment. Real Property Law § 292 requires that the party signing the document orally acknowledge to the notary public or other officer that he or she in fact signed the document.", "date": "2013-05-30", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-galetta-three-provisions" }, { "id": "galetta-certificate-purpose", "authorityType": "case-law", "tier": "primary-source-backed", "title": "Galetta v. Galetta", "citation": "Galetta v. Galetta, 21 N.Y.3d 186, 192 (2013).", "url": "https://www.courtlistener.com/opinion/5642248/galetta-v-galetta/", "deepLink": "https://www.courtlistener.com/opinion/5642248/galetta-v-galetta/#:~:text=The%20purpose%20of%20the%20certificate,person%20described%20in%20the%20document.", "proposition": "Galetta v. Galetta states that the certificate of acknowledgment exists to establish that the signer made the oral declaration and that the officer knew the signer or obtained satisfactory evidence of identity.", "verbatimQuote": "The purpose of the certificate of acknowledgment is to establish that these requirements have been satisfied: (1) that the signer made the oral declaration compelled by Real Property Law § 292; and (2) that the notary or other official either actually knew the identity of the signer or secured “satisfactory evidence” of identity ensuring that the signer was the person described in the document.", "date": "2013-05-30", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-galetta-certificate-purpose" }, { "id": "rpl-292-acknowledgment-signer", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 292 — By whom conveyance must be acknowledged or proved", "citation": "N.Y. Real Prop. Law § 292 (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/292", "proposition": "Real Property Law § 292 permits an acknowledgment, except as article 9 otherwise provides, only by the person who executed the conveyance.", "verbatimQuote": "Except as otherwise provided by this article, such acknowledgment can be made only by the person who executed the conveyance, and such proof can be made only by some other person, who was a witness of its execution, and at the same time subscribed his name to the conveyance as a witness.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-292-acknowledgment-signer" }, { "id": "rpl-303-identity-requisite", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 303 — Requisites of acknowledgments", "citation": "N.Y. Real Prop. Law § 303 (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/303", "proposition": "Real Property Law § 303 bars an officer from taking an acknowledgment without knowing, or having satisfactory evidence, that the person acknowledging is the person described in and who executed the instrument.", "verbatimQuote": "An acknowledgment must not be taken by any officer unless he knows or has satisfactory evidence, that the person making it is the person described in and who executed such instrument.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-303-identity-requisite" }, { "id": "rpl-306-certificate-acknowledgment", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 306 — Certificate of acknowledgment or proof", "citation": "N.Y. Real Prop. Law § 306 (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/306", "proposition": "Real Property Law § 306 requires the officer to endorse or attach a signed certificate stating all the matters required to be done, known or proved on taking the acknowledgment or proof.", "verbatimQuote": "A person taking the acknowledgement or proof of a conveyance must indorse thereupon or attach thereto, a certificate, signed by himself, stating all the matters required to be done, known, or proved on the taking of such acknowledgement or proof; together with the name and substance of the testimony of each witness examined before him, and if a subscribing witness, his place of residence.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-306-certificate-acknowledgment" }, { "id": "rpl-309a-uniform-form", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 309-a(1) — Uniform form of certificate of acknowledgment within this state", "citation": "N.Y. Real Prop. Law § 309-a(1) (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/309-A", "proposition": "The quoted portion of the Real Property Law § 309-a(1) form recites that the signer was personally known to the officer or proved on satisfactory evidence to be the person whose name is subscribed, and acknowledged executing the instrument in the signer's capacity.", "verbatimQuote": "personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (Signature and office of individual taking acknowledgement.)", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-309a-uniform-form" }, { "id": "dos-li03-uniform-forms", "authorityType": "agency-guidance", "tier": "official-source-backed", "title": "N.Y. Department of State, Legal Memorandum LI03: New Acknowledgement Forms for Notaries Public", "citation": "N.Y. Dep't of State, Legal Memorandum LI03, New Acknowledgement Forms for Notaries Public.", "url": "https://dos.ny.gov/legal-memorandum-li03-new-acknowledgement-forms-notaries-public", "proposition": "The Department of State's legal memorandum LI03 says that, as of September 1, 1999, acknowledgments must conform substantially with the forms in Real Property Law § 309-a.", "verbatimQuote": "As of September 1, 1999, acknowledgments must conform substantially with those contained in section 309-a.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-dos-li03-uniform-forms" }, { "id": "rpl-309b-outside-form", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 309-b(1) — Uniform form of certificate of acknowledgment without this state", "citation": "N.Y. Real Prop. Law § 309-b(1) (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/309-B", "proposition": "Real Property Law § 309-b(1) provides a form that a certificate of an out-of-state acknowledgment of a New York real-property instrument may substantially follow.", "verbatimQuote": "1. The certificate of an acknowledgement, without this state, of a conveyance or other instrument with respect to real property situate in this state, by a person, may conform substantially with the following form, the blanks being properly filled: State, District of Columbia, Territory, Possession, or Foreign Country ) ss.: On the _______ day of __________ in the year _______ before me, the undersigned, personally appeared ______________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-309b-outside-form" }, { "id": "galetta-identity-omission-defective", "authorityType": "case-law", "tier": "primary-source-backed", "title": "Galetta v. Galetta", "citation": "Galetta v. Galetta, 21 N.Y.3d 186, 193 (2013).", "url": "https://www.courtlistener.com/opinion/5642248/galetta-v-galetta/", "deepLink": "https://www.courtlistener.com/opinion/5642248/galetta-v-galetta/#:~:text=Absent%20the%20omitted%20language%2C%20the,described%20in%20the%20prenuptial%20agreement.", "proposition": "Galetta v. Galetta states that, without the omitted language, the certificate did not indicate that the notary knew the signer or had ascertained by some proof that the signer was the person described in the document.", "verbatimQuote": "Absent the omitted language, the certificate does not indicate either that the notary public knew the husband or had ascertained through some form of proof that he was the person described in the prenuptial agreement.", "date": "2013-05-30", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-galetta-identity-omission-defective" }, { "id": "galetta-certificate-nonconforming", "authorityType": "case-law", "tier": "primary-source-backed", "title": "Galetta v. Galetta", "citation": "Galetta v. Galetta, 21 N.Y.3d 186, 194 (2013).", "url": "https://www.courtlistener.com/opinion/5642248/galetta-v-galetta/", "deepLink": "https://www.courtlistener.com/opinion/5642248/galetta-v-galetta/#:~:text=Thus%2C%20we%20agree%20with%20the,not%20conform%20with%20statutory%20requirements.", "proposition": "Galetta v. Galetta agrees with the Appellate Division that the certificate before it did not conform with statutory requirements.", "verbatimQuote": "Thus, we agree with the Appellate Division, which unanimously concluded that the certificate of acknowledgment did not conform with statutory requirements.", "date": "2013-05-30", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-galetta-certificate-nonconforming" }, { "id": "galetta-core-component", "authorityType": "case-law", "tier": "primary-source-backed", "title": "Galetta v. Galetta", "citation": "Galetta v. Galetta, 21 N.Y.3d 186, 194 (2013).", "url": "https://www.courtlistener.com/opinion/5642248/galetta-v-galetta/", "deepLink": "https://www.courtlistener.com/opinion/5642248/galetta-v-galetta/#:~:text=There%20is%20no%20indication%20in,not%20referenced%20in%20the%20certificate.", "proposition": "Galetta v. Galetta distinguishes a certificate that departs from the statutory wording while covering every substantive element from one that omits a core component of a valid acknowledgment.", "verbatimQuote": "There is no indication in Weinstein that any of the substantive elements of an acknowledgment were lacking—rather, in that case the parties merely used different verbiage to establish that the Real Property Law had been followed, a deviation in form (in light of Real Property Law § 309-a) but not substance. The same is not true here where a core component of a valid acknowledgment was not referenced in the certificate.", "date": "2013-05-30", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-galetta-core-component" }, { "id": "galetta-dom-rel-deed-standard", "authorityType": "case-law", "tier": "primary-source-backed", "title": "Galetta v. Galetta", "citation": "Galetta v. Galetta, 21 N.Y.3d 186, 191 (2013).", "url": "https://www.courtlistener.com/opinion/5642248/galetta-v-galetta/", "deepLink": "https://www.courtlistener.com/opinion/5642248/galetta-v-galetta/#:~:text=Prenuptial%20agreements%20are%20addressed%20in,a%20deed%20to%20be%20recorded.%E2%80%9D", "proposition": "Galetta v. Galetta quotes Domestic Relations Law § 236(B)(3), which requires a nuptial agreement to be acknowledged or proven in the manner required to entitle a deed to be recorded.", "verbatimQuote": "Prenuptial agreements are addressed in Domestic Relations Law § 236 (B) (3), which provides: “An agreement by the parties, made before or during the marriage, shall be valid and enforceable in a matrimonial action if such agreement is in writing, subscribed by the parties, and acknowledged or proven in the manner required to entitle a deed to be recorded.”", "date": "2013-05-30", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-galetta-dom-rel-deed-standard" }, { "id": "galetta-cure-undecided", "authorityType": "case-law", "tier": "primary-source-backed", "title": "Galetta v. Galetta", "citation": "Galetta v. Galetta, 21 N.Y.3d 186, 197 (2013).", "url": "https://www.courtlistener.com/opinion/5642248/galetta-v-galetta/", "deepLink": "https://www.courtlistener.com/opinion/5642248/galetta-v-galetta/#:~:text=In%20this%20case%2C%20however%2C%20we,proof%20submitted%20here%20was%20insufficient.", "proposition": "Galetta v. Galetta leaves open whether a defective certificate can be cured, because the proof offered there was insufficient.", "verbatimQuote": "In this case, however, we need not definitively resolve the question of whether a cure is possible because, similar to what occurred in Matisoff , the proof submitted here was insufficient.", "date": "2013-05-30", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-galetta-cure-undecided" }, { "id": "galetta-incomplete-not-absent", "authorityType": "case-law", "tier": "primary-source-backed", "title": "Galetta v. Galetta", "citation": "Galetta v. Galetta, 21 N.Y.3d 186, 196 (2013).", "url": "https://www.courtlistener.com/opinion/5642248/galetta-v-galetta/", "deepLink": "https://www.courtlistener.com/opinion/5642248/galetta-v-galetta/#:~:text=But%20this%20case%20does%20not,of%20the%20certificate%20of%20acknowledgment.", "proposition": "Galetta v. Galetta distinguishes an incomplete certificate of acknowledgment from the complete absence of an acknowledgment.", "verbatimQuote": "But this case does not involve the complete absence of an acknowledgment; rather, there was an attempt to secure an acknowledged document but there was an omission in the requisite language of the certificate of acknowledgment.", "date": "2013-05-30", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-galetta-incomplete-not-absent" }, { "id": "galetta-cure-theory", "authorityType": "case-law", "tier": "primary-source-backed", "title": "Galetta v. Galetta", "citation": "Galetta v. Galetta, 21 N.Y.3d 186, 197 (2013).", "url": "https://www.courtlistener.com/opinion/5642248/galetta-v-galetta/", "deepLink": "https://www.courtlistener.com/opinion/5642248/galetta-v-galetta/#:~:text=Thus%2C%20the%20husband%20makes%20a,proper%20language%20in%20the%20certificate.", "proposition": "Galetta v. Galetta describes the possible cure as evidence that the acknowledgment was properly made when the document was signed, with only the certificate's language missing.", "verbatimQuote": "Thus, the husband makes a strong case for a rule permitting evidence to be submitted after the fact to cure a defect in a certificate of acknowledgment when that evidence consists of proof that the acknowledgment was properly made in the first instance—that at the time the document was signed the notary or other official did everything he or she was supposed to do, other than include the proper language in the certificate.", "date": "2013-05-30", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-galetta-cure-theory" }, { "id": "galetta-affidavit-conclusory", "authorityType": "case-law", "tier": "primary-source-backed", "title": "Galetta v. Galetta", "citation": "Galetta v. Galetta, 21 N.Y.3d 186, 197 (2013).", "url": "https://www.courtlistener.com/opinion/5642248/galetta-v-galetta/", "deepLink": "https://www.courtlistener.com/opinion/5642248/galetta-v-galetta/#:~:text=In%20his%20affidavit%2C%20the%20notary,to%20fall%20into%20this%20category.", "proposition": "Galetta v. Galetta concludes that the notary's affidavit, which relied on the notary's custom and practice without independent recollection, was too conclusory to qualify as custom-and-practice evidence that could raise a triable question.", "verbatimQuote": "In his affidavit, the notary public did not state that he actually recalled having acknowledged the husband’s signature, nor did he indicate that he knew the husband prior to acknowledging his signature. The notary averred only that he recognized his own signature on the certificate and that he had been employed at a particular bank at that time (corroborating the husband’s statement concerning the circumstances under which he executed the document). As for the procedures followed, the notary had no independent recollection but maintained that it was his custom and practice “to ask and confirm that the person signing the document was the same person named in the document” and he was “confident” he had done so when witnessing the husband’s signature. We have held that a party can rely on custom and practice evidence to fill in evidentiary gaps “where the proof demonstrates a deliberate and repetitive practice by a person in complete control of the circumstances” (Rivera v Anilesh, 8 NY3d 627, 634 [2007] [internal quotation marks and citation omitted]), thereby creating a triable question of fact as to whether the practice was followed on the relevant occasion. But the averments presented by the notary public in this case are too conclusory to fall into this category.", "date": "2013-05-30", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-galetta-affidavit-conclusory" }, { "id": "exec-137-notary-statement", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Exec. Law § 137 — Statement as to authority of notaries public", "citation": "N.Y. Exec. Law § 137 (2026).", "url": "https://www.nysenate.gov/legislation/laws/EXC/137", "proposition": "Executive Law § 137 requires a New York notary to print, stamp or affix beneath the signature the notary's name, the words Notary Public State of New York, the county of original qualification and the commission expiration date.", "verbatimQuote": "In exercising powers pursuant to this article, a notary public, in addition to the venue of the act and signature of such notary public, shall print, typewrite, stamp, or affix by electronic means where performing an electronic notarial act in conformity with section one hundred thirty-five-c of the executive law, beneath their signature in black ink, the notary public's name, the words “Notary Public State of New York,” the name of the county in which such notary public originally qualified, and the expiration date of such notary public's commission", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-exec-137-notary-statement" }, { "id": "exec-137-nyc-official-number", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Exec. Law § 137 — Statement as to authority of notaries public", "citation": "N.Y. Exec. Law § 137 (2026).", "url": "https://www.nysenate.gov/legislation/laws/EXC/137", "proposition": "Executive Law § 137 requires a notary who qualified or filed a certificate of official character in a New York City county to add the official number, and in specified cases the City Register number, to each instrument.", "verbatimQuote": "A notary public who has qualified or who has filed a certificate of official character in the office of the clerk in a county or counties within the city of New York must also affix to each instrument such notary public's official number or numbers in black ink, as assigned by the clerk or clerks of such county or counties at the time such notary qualified in such county or counties and, if the instrument is to be recorded in an office of the register of the city of New York in any county within such city and the notary has been given a number or numbers by such register or his predecessors in any county or counties, when the notary public's autographed signature and certificate are filed in such office or offices pursuant to this chapter, the notary public shall also affix such number or numbers.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-exec-137-nyc-official-number" }, { "id": "exec-137-filing-and-attorney", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Exec. Law § 137 — County filing and attorney alternative", "citation": "N.Y. Exec. Law § 137 (2026).", "url": "https://www.nysenate.gov/legislation/laws/EXC/137", "proposition": "Executive Law § 137 requires a notary, wherever required, to include the name of any county in which the notary's certificate of official character is filed.", "verbatimQuote": "In exercising powers pursuant to this article, a notary public, in addition to the venue of the act and signature of such notary public, shall print, typewrite, stamp, or affix by electronic means where performing an electronic notarial act in conformity with section one hundred thirty-five-c of the executive law, beneath their signature in black ink, the notary public's name, the words “Notary Public State of New York,” the name of the county in which such notary public originally qualified, and the expiration date of such notary public's commission and, in addition, wherever required, a notary public shall also include the name of any county in which such notary public's certificate of official character is filed,", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-exec-137-filing-and-attorney" }, { "id": "exec-137-attorney-wording", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Exec. Law § 137 — Attorney wording alternative", "citation": "N.Y. Exec. Law § 137 (2026).", "url": "https://www.nysenate.gov/legislation/laws/EXC/137", "proposition": "Executive Law § 137 lets a notary licensed as a New York attorney substitute the words Attorney and Counsellor at Law for the words Notary Public.", "verbatimQuote": "A notary public who is duly licensed as an attorney and counsellor at law in this state may substitute the words “Attorney and Counsellor at Law” for the words “Notary Public.”", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-exec-137-attorney-wording" }, { "id": "exec-137-no-invalidity", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Exec. Law § 137 — Statement as to authority of notaries public", "citation": "N.Y. Exec. Law § 137 (2026).", "url": "https://www.nysenate.gov/legislation/laws/EXC/137", "proposition": "Executive Law § 137 provides that a notary's failure to include the required statement of authority does not invalidate the official act, while a willful failure subjects the notary to discipline.", "verbatimQuote": "No official act of such notary public shall be held invalid on account of the failure to comply with these provisions. If any notary public shall willfully fail to comply with any of the provisions of this section, the notary public shall be subject to disciplinary action by the secretary of state.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-exec-137-no-invalidity" } ] }, { "slug": "who-takes-acknowledgment", "label": "Who may take the acknowledgment of a New York deed?", "heading": "Who may take the acknowledgment of a New York deed, inside and outside New York?", "answerText": "Inside New York, a notary public, a supreme court justice, an official examiner of title or an official referee may take a deed acknowledgment anywhere in the state, and other listed officers may take one within their districts or, for some local officers, their county.", "sources": [ { "id": "rpl-298-in-state-officers", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 298 — Acknowledgments and proofs within the state", "citation": "N.Y. Real Prop. Law § 298 (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/298", "proposition": "Real Property Law § 298 permits an in-state acknowledgment anywhere in New York before a supreme court justice, official examiner of title, official referee or notary public; before other listed officers within their districts; and before justices of the peace, town council members, village police justices and local judges anywhere within their county.", "verbatimQuote": "The acknowledgment or proof, within this state, of a conveyance of real property situate in this state may be made: 1. At any place within the state, before (a) a justice of the supreme court; (b) an official examiner of title; (c) an official referee; or (d) a notary public. 2. Within the district wherein such officer is authorized to perform official duties, before (a) a judge or clerk of any court of record; (b) a commissioner of deeds outside of the city of New York, or a commissioner of deeds of the city of New York within the five counties comprising the city of New York; (c) the mayor or recorder of a city; (d) a surrogate, special surrogate, or special county judge; or (e) the county clerk or other recording officer of a county. 3. Before a justice of the peace, town council member, village police justice or a judge of any court of inferior local jurisdiction, anywhere within the county containing the town, village or city in which they are authorized to perform official duties.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-298-in-state-officers" }, { "id": "rpl-299-out-of-state-officers", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 299(1) — Acknowledgments and proofs without the state, but within the United States", "citation": "N.Y. Real Prop. Law § 299(1) (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/299", "proposition": "Real Property Law § 299(1) permits an acknowledgment made outside New York but within the United States before a court officer, a mayor or chief civil officer, a notary public, a New York commissioner of deeds or any person local law authorizes to take deed acknowledgments, each acting within the officer's territorial jurisdiction.", "verbatimQuote": "1. The acknowledgment or proof of a conveyance of real property situate in this state, if made without the state but within the United States, within any territory, possession, or dependency of the United States, or within any place over which the United States, at the time when such acknowledgment or proof is taken, has or exercises jurisdiction, sovereignty, control, or a protectorate, may be made before any of the following officers acting within his territorial jurisdiction or within that of the court of which he is an officer: (a) A judge or other presiding officer of any court having a seal, or the clerk or other certifying officer thereof. (b) A mayor or other chief civil officer of any city or other political subdivision. (c) A notary public. (d) A commissioner of deeds appointed pursuant to the laws of this state to take acknowledgments or proofs without this state. (e) Any person authorized, by the laws of the state, District of Columbia, territory, possession, dependency, or other place where the acknowledgment or proof is made, to take the acknowledgment or proof of deeds to be recorded therein.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-299-out-of-state-officers" }, { "id": "rpl-299-signature-title-effect", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 299(2)–(3) — Effect of officer's signature and title", "citation": "N.Y. Real Prop. Law § 299(2)–(3) (2026) (as amended by L. 2024, ch. 502).", "url": "https://www.nysenate.gov/legislation/laws/RPP/299", "proposition": "Real Property Law § 299(2) makes an out-of-state officer's signature and title prima facie evidence of genuineness and title, and § 299(3) makes the signature and title of a court officer, notary or New York commissioner of deeds conclusive of the officer's authority.", "verbatimQuote": "2. The signature and title of an officer listed in subdivision one of this section who performs a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title. 3. The signature and title of a notarial officer described in paragraph (a), (c) or (d) of subdivision one of this section conclusively establish the authority of the officer to perform the acknowledgment or proof of a conveyance.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-299-signature-title-effect" }, { "id": "rpl-301-foreign-officers", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 301 — Acknowledgments and proofs in foreign countries", "citation": "N.Y. Real Prop. Law § 301 (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/301", "proposition": "Real Property Law § 301 lists the officers before whom a New York deed may be acknowledged in a foreign country, including United States diplomatic and consular officers, foreign notaries and any person authorized by local law to take acknowledgments of real-estate conveyances.", "verbatimQuote": "The acknowledgment or proof of a conveyance of real property situate in this state may be made in foreign countries before any of the following officers acting within his territorial jurisdiction or within that of the court of which he is an officer: 1. An ambassador, envoy, minister, charge d'affaires, secretary of legation, consul-general, consul, vice-consul, consular agent, vice-consular agent, or any other diplomatic or consular agent or representative of the United States, appointed or accredited to, and residing within, the country where the acknowledgment or proof is taken. 2. A judge or other presiding officer of any court having a seal, or the clerk or other certifying officer thereof. 3. A mayor or other chief civil officer of any city or other political subdivision. 4. A notary public. 5. A commissioner of deeds appointed pursuant to the laws of this state to take acknowledgments or proofs without this state. 6. A person residing in, or going to, the country where the acknowledgment or proof is to be taken, and specially authorized for that purpose by a commission issued to him under the seal of the supreme court of the state of New York. 7. Any person authorized, by the laws of the country where the acknowledgment or proof is made, to take acknowledgments of conveyances of real estate or to administer oaths in proof of the execution thereof.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-301-foreign-officers" }, { "id": "rpl-300-armed-forces", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 300 — Acknowledgments and proofs by persons in or with the armed forces", "citation": "N.Y. Real Prop. Law § 300 (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/300", "proposition": "Real Property Law § 300 permits a person serving in or with the armed forces, or a dependent, to acknowledge a New York deed anywhere before an officer in active service authorized to act as a notary.", "verbatimQuote": "The acknowledgment or proof of a conveyance of real property situate in this state, if made by a person enlisted or commissioned in or serving in or with the armed forces of the United States or by a dependent of any such person, wherever located, or by a person attached to or accompanying the armed forces of the United States, whether made within or without the United States, may be made before any officer in active service of the armed forces of the United States authorized to act as a notary in any component part of the armed forces of the United States.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-300-armed-forces" }, { "id": "rpl-300-certificate-details", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 300 — Certificate details for armed-forces acknowledgments", "citation": "N.Y. Real Prop. Law § 300 (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/300", "proposition": "Real Property Law § 300 requires the certificate of an armed-forces acknowledgment to state the officer's rank, serial number and command, the signer's qualifying status and, where applicable, the service member's serial number, and provides that the place need not be disclosed.", "verbatimQuote": "In addition to the requirements of sections three hundred and three, three hundred and four, and three hundred and six of this chapter, the certificate of an acknowledgment or proof taken under this section shall state (a) the rank and serial number of the officer taking the same, and the command to which he is attached, (b) that the person making such acknowledgment or proof was, at the time of making the same, enlisted or commissioned in or serving in or with the armed forces of the United States or the dependent of such a person, or a person attached to or accompanying the armed forces of the United States, and (c) the serial number of the person who makes, or whose dependent makes the acknowledgment or proof if such person is enlisted or commissioned in the armed forces of the United States. The place where such acknowledgment or proof is taken need not be disclosed.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-300-certificate-details" } ] }, { "slug": "certificate-of-conformity", "label": "When does an out-of-state acknowledgment need a certificate of conformity or authentication?", "heading": "When does an acknowledgment taken outside New York need a certificate of conformity or an authentication?", "answerText": "No certificate of conformity may be required for an acknowledgment taken in another state if it carries the signature and title of a judge or clerk of a court having a seal, a notary public or a New York commissioner of deeds, acting within the officer's territorial jurisdiction. For other officers, and for acknowledgments taken abroad in the foreign country's form, the statutes conflict on whether a certificate of conformity is still needed.", "sources": [ { "id": "rpl-299a-choice-of-manner", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 299-a(1) — Acknowledgment to conform to law of New York or of place where taken", "citation": "N.Y. Real Prop. Law § 299-a(1) (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/299-A", "proposition": "Real Property Law § 299-a(1) permits an out-of-state acknowledgment in New York's manner or the local manner and, except as subdivision 3 provides, requires a local-manner acknowledgment to carry a certificate of conformity by a listed attorney or a court-qualified person, for whom the presiding judicial officer appends a signed statement.", "verbatimQuote": "1. An acknowledgment or proof made pursuant to the provisions of section two hundred ninety-nine of this article may be taken in the manner prescribed either by the laws of the state of New York or by the laws of the state, District of Columbia, territory, possession, dependency, or other place where the acknowledgment or proof is taken. Except as provided in subdivision three of this section acknowledgment or proof, if taken in the manner prescribed by such state, District of Columbia, territory, possession, dependency, or other place, must be accompanied by a certificate to the effect that it conforms with such laws. Such certificate may be made by: (a) An attorney-at-law admitted to practice in the state of New York, resident in the place where the acknowledgment or proof is taken, or by (b) An attorney-at-law admitted to practice in the state, District of Columbia, territory, possession, dependency, or other place where the acknowledgment or proof is taken, or by (c) Any other person deemed qualified by any court of the state of New York, if, in any action, proceeding, or other matter pending before such court, it be necessary to determine that such acknowledgment or proof conforms with the laws of such state, District of Columbia, territory, possession, dependency, or other place; or by the supreme court of the state of New York, on application for such determination. The justice, judge, surrogate, or other presiding judicial officer shall append to the instrument so acknowledged or proved his signed statement that he deemed such person qualified to make such certificate.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-299a-choice-of-manner" }, { "id": "rpl-299-conformity-officer-kinds", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 299(1) — Officers outside New York within the United States", "citation": "N.Y. Real Prop. Law § 299(1) (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/299", "proposition": "Real Property Law § 299(1) lists the officers, each acting within the officer's territorial jurisdiction or that of the officer's court, who may take an acknowledgment of a conveyance of New York land outside New York but within the United States, including in paragraphs (a), (c) and (d) court officers of a court having a seal, notaries public and New York commissioners of deeds.", "verbatimQuote": "1. The acknowledgment or proof of a conveyance of real property situate in this state, if made without the state but within the United States, within any territory, possession, or dependency of the United States, or within any place over which the United States, at the time when such acknowledgment or proof is taken, has or exercises jurisdiction, sovereignty, control, or a protectorate, may be made before any of the following officers acting within his territorial jurisdiction or within that of the court of which he is an officer: (a) A judge or other presiding officer of any court having a seal, or the clerk or other certifying officer thereof. (b) A mayor or other chief civil officer of any city or other political subdivision. (c) A notary public. (d) A commissioner of deeds appointed pursuant to the laws of this state to take acknowledgments or proofs without this state. (e) Any person authorized, by the laws of the state, District of Columbia, territory, possession, dependency, or other place where the acknowledgment or proof is made, to take the acknowledgment or proof of deeds to be recorded therein.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-299-conformity-officer-kinds" }, { "id": "rpl-299a-no-conformity-certificate", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 299-a(3) — No certificate of conformity for listed officers", "citation": "N.Y. Real Prop. Law § 299-a(3) (2026) (added by L. 2024, ch. 502).", "url": "https://www.nysenate.gov/legislation/laws/RPP/299-A", "proposition": "Real Property Law § 299-a(3) bars requiring a certificate of conformity for an out-of-state acknowledgment taken by, and carrying the signature and title of, a court officer, notary public or New York commissioner of deeds listed in § 299(1)(a), (c) or (d).", "verbatimQuote": "3. No certificate of conformity may be required for an acknowledgment or proof taken without this state if the acknowledgment or proof is taken by and accompanied by the signature and title of a notarial officer listed in paragraph (a), (c) or (d) of subdivision one of section two hundred ninety-nine of this article.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-299a-no-conformity-certificate" }, { "id": "rpl-299a-equivalent-form", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 299-a(4) — Equivalence of acknowledgment before listed officers", "citation": "N.Y. Real Prop. Law § 299-a(4) (2026) (added by L. 2024, ch. 502).", "url": "https://www.nysenate.gov/legislation/laws/RPP/299-A", "proposition": "Real Property Law § 299-a(4) treats an instrument acknowledged before a listed court officer, notary or New York commissioner of deeds in the manner prescribed by that officer's jurisdiction as equivalent to a New York-form acknowledgment and requires its recording if it is otherwise entitled to record.", "verbatimQuote": "4. An instrument acknowledged or proved taken by and accompanied by the signature and title of a notarial officer listed in paragraph (a), (c) or (d) of subdivision one of section two hundred ninety-nine of this article and taken in the manner prescribed by the laws of such notarial officer's jurisdiction shall be equivalent to one taken or made in the form prescribed by law for use in this state. Such instrument, if otherwise entitled to record, filing, or registering, may be recorded, filed, or registered in any recording or filing office in this state, and shall be so recorded, filed or registered upon payment or tender of lawful fees therefor.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-299a-equivalent-form" }, { "id": "s2271-effective-immediately", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. S. 2271 (2023–2024 Reg. Sess.) — Clarifying requirements for acknowledgments without the state", "citation": "N.Y. S. 2271, § 6, 2023–2024 Reg. Sess. (enacted as L. 2024, ch. 502).", "url": "https://legislation.nysenate.gov/pdf/bills/2023/S2271", "proposition": "Senate bill S2271 of the 2023–2024 session, which amended the Real Property Law provisions on out-of-state acknowledgments, provided that it would take effect immediately.", "verbatimQuote": "§ 6. This act shall take effect immediately.", "date": "2023-01-19", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-s2271-effective-immediately" }, { "id": "assembly-s2271-chapter-502", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "New York State Assembly, Bill S02271 (2023–2024) — summary and actions", "citation": "N.Y. State Assembly, Bill S02271 (2023–2024), Summary and Actions (signed Nov. 22, 2024, ch. 502).", "url": "https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=S02271&term=2023&Summary=Y&Actions=Y", "proposition": "The Assembly's bill record shows that S2271 passed the Assembly on March 25, 2024, was delivered to the Governor on November 15, 2024 and was signed as chapter 502 on November 22, 2024.", "verbatimQuote": "03/25/2024 | substituted for a3225 | ||||||||||||||||||||||||||||||||||||||||||||||||| | 03/25/2024 | ordered to third reading cal.366 | ||||||||||||||||||||||||||||||||||||||||||||||||| | 03/25/2024 | passed assembly | ||||||||||||||||||||||||||||||||||||||||||||||||| | 03/25/2024 | returned to senate | ||||||||||||||||||||||||||||||||||||||||||||||||| | 11/15/2024 | DELIVERED TO GOVERNOR | ||||||||||||||||||||||||||||||||||||||||||||||||| | 11/22/2024 | SIGNED CHAP.502", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-assembly-s2271-chapter-502" }, { "id": "assembly-s2271-sections-amended", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "New York State Assembly, Bill S02271 (2023–2024) — summary", "citation": "N.Y. State Assembly, Bill S02271 (2023–2024), Summary.", "url": "https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=S02271&term=2023&Summary=Y&Actions=Y", "proposition": "The Assembly's bill summary shows that S2271 amended Real Property Law §§ 299, 299-a, 311 and 312 and CPLR 2309, and no other Real Property Law section.", "verbatimQuote": "Amd §§299, 299-a, 311 & 312, RP L; amd §2309, CPLR | | | | | | Clarifies requirements for acknowledgements, proofs, oaths and affirmations without the state.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-assembly-s2271-sections-amended" }, { "id": "rpl-311-general-no-authentication", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 311(5) — No authentication or conformity certificate unless § 311 requires it", "citation": "N.Y. Real Prop. Law § 311(5) (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/311", "proposition": "Real Property Law § 311(5) provides that, except as § 311 provides, no certificate of authentication or certificate of conformity is required for an acknowledgment before any officer designated in § 299 or § 301.", "verbatimQuote": "5. Except as provided in this section, no certificate of authentication or certificate of conformity shall be required to entitle a conveyance to be read in evidence or recorded in this state when acknowledged or proved before any officer designated in section two hundred ninety-nine or in section three hundred one of this article to take such acknowledgment or proof.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-311-general-no-authentication" }, { "id": "rpl-311-commissioner-and-foreign-notary", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 311(1)–(2) — Authentication for commissioners of deeds and foreign notaries", "citation": "N.Y. Real Prop. Law § 311(1)–(2) (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/311", "proposition": "Real Property Law § 311(1) requires authentication by the New York Secretary of State for a New York commissioner of deeds' certificate, and § 311(2) requires a listed authentication for a certificate by a notary in a foreign country other than Canada.", "verbatimQuote": "1. When a certificate of acknowledgment or proof is made, either within or without the United States, by a commissioner of deeds appointed pursuant to the laws of this state to take acknowledgments or proofs without this state, the conveyance so acknowledged or proved is not entitled to be read in evidence or recorded in this state, except as provided in subdivision five of section one hundred eight of the executive law, unless such certificate is authenticated by the certificate of the secretary of state of the state of New York. 2. When a certificate of acknowledgment or proof is made by a notary public in a foreign country other than Canada, the conveyance so acknowledged or proved is not entitled to be read in evidence or recorded in this state unless such certificate is authenticated (a) by the certificate of the clerk or other certifying officer of a court in the district in which such acknowledgment or proof was made, under the seal of such court, or (b) by the certificate of the clerk, register, recorder, or other recording officer of the district in which such acknowledgment or proof was made, or (c) by the certificate of the officer having charge of the official records of the appointment of such notary, or having a record of the signature of such notary, or (d) by the certificate of a consular officer of the United States resident in such country.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-311-commissioner-and-foreign-notary" }, { "id": "rpl-311-mayor-without-seal", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 311(3) — Authentication for a mayor's certificate not under seal", "citation": "N.Y. Real Prop. Law § 311(3) (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/311", "proposition": "Real Property Law § 311(3) requires a mayor's or other chief civil officer's certificate lacking the seal of the city or other political subdivision to be authenticated by that subdivision's clerk or a United States consular officer resident in the country where the acknowledgment or proof was made.", "verbatimQuote": "3. When a certificate of acknowledgment or proof, made by the mayor or other chief civil officer of a city or other political subdivision, is not under the seal of such city or other political subdivision, the conveyance so acknowledged or proved is not entitled to be read in evidence or recorded in this state unless such certificate is authenticated by the certificate of the clerk of such city or other political subdivision, or by the certificate of a consular officer of the United States resident in the country where the acknowledgment or proof was made.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-311-mayor-without-seal" }, { "id": "rpl-311-local-law-officers", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 311(4) — Authentication for persons authorized by local law", "citation": "N.Y. Real Prop. Law § 311(4) (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/311", "proposition": "Real Property Law § 311(4) requires authentication of a certificate made by a person authorized only under § 299(1)(e) or § 301(7) before the conveyance may be recorded.", "verbatimQuote": "4. When a certificate of acknowledgment or proof is made pursuant to the provisions of paragraph (e) of subdivision one of section two hundred ninety-nine or of subdivision seven of section three hundred one of this article by an officer or person not elsewhere in either of said sections specifically designated to take acknowledgments or proofs, the conveyance so acknowledged or proved is not entitled to be read in evidence or recorded within this state unless such certificate is authenticated (a) by the certificate of the secretary of state of a state, or of the secretary of a territory, of the United States, or (b) by the certificate of any officer designated in subdivision three of this section to authenticate certificates of acknowledgment or proof, or (c) by the certificate of any officer designated in paragraph (a) or (b) of subdivision two of this section to authenticate certificates of acknowledgment or proof, or (d) by the certificate of the officer having charge of the official records showing that the person taking the acknowledgment or proof is such officer as he purports to be, or having a record of the signature of such person.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-311-local-law-officers" }, { "id": "rpl-301a-foreign-conformity", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 301-a(1) — Acknowledgment to conform to law of New York or of foreign country", "citation": "N.Y. Real Prop. Law § 301-a(1) (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/301-A", "proposition": "Real Property Law § 301-a(1) permits a foreign-country acknowledgment in New York's manner or the foreign country's manner and requires one taken in the foreign country's manner to carry a certificate of conformity.", "verbatimQuote": "1. An acknowledgment or proof made pursuant to the provisions of section three hundred one of this chapter may be taken in the manner prescribed either by the laws of the state of New York or by the laws of the country where the acknowledgment or proof is taken. The acknowledgment or proof, if taken in the manner prescribed by the laws of such foreign country, must be accompanied by a certificate to the effect that it conforms with such laws.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-301a-foreign-conformity" }, { "id": "rpl-301a-certificate-makers", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 301-a(1) — Who may make a certificate of conformity for a foreign acknowledgment", "citation": "N.Y. Real Prop. Law § 301-a(1) (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/301-A", "proposition": "Real Property Law § 301-a(1) permits a certificate of conformity for a foreign-country acknowledgment to be made by a New York attorney resident there, a resident United States consular officer under seal, that country's consular officer resident in New York under seal, or a person a New York court deems qualified, in which case the presiding judicial officer must append a signed statement that the person was deemed qualified.", "verbatimQuote": "Such certificate may be made by (a) An attorney-at-law admitted to practice in the state of New York, resident in such foreign country, or by (b) A consular officer of the United States, resident in such foreign country, under the seal of his office, or by (c) A consular officer of such foreign country, resident in the state of New York, under the seal of his office, or by (d) Any other person deemed qualified by any court of the state of New York, if, in any action, proceeding, or other matter pending before such court, it be necessary to determine that such acknowledgment or proof conforms with the laws of such foreign country; or by the supreme court of the state of New York, on application for such determination. The justice, judge, surrogate, or other presiding judicial officer shall append to the instrument so acknowledged or proved his signed statement that he deemed such person qualified to make such certificate.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-301a-certificate-makers" } ] }, { "slug": "subscribing-witnesses", "label": "Does a New York deed need witnesses, and how does proof by a subscribing witness work?", "heading": "Does a New York deed need witnesses, and how does proof by a subscribing witness work?", "answerText": "Outside a transfer on death deed, which needs two witnesses, witnesses matter for a New York grant in fee or of a freehold only when it was not duly acknowledged before delivery, or when a subscribing witness, rather than the signer, supplies the element (iv) proof of execution.", "sources": [ { "id": "rpl-424-tod-two-witnesses", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 424(7) — Transfer on death deed requirements", "citation": "N.Y. Real Prop. Law § 424(7) (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/424", "proposition": "Real Property Law § 424(7) requires a transfer on death deed to be signed by two witnesses who were present at the same time and witnessed its signing, and to be acknowledged before a notary public.", "verbatimQuote": "7. Requirements. A transfer on death deed: (a) except as otherwise provided in this subdivision, shall contain the essential elements and formalities of a properly recordable inter vivos deed; (b) shall state that the transfer to the designated beneficiary is to occur at the transferor's death; (c) shall be signed by two witnesses who were present at the same time and who witnessed the signing of the transfer on death deed; (d) shall be acknowledged before a notary public; and (e) shall be recorded before the transferor's death in the public records in the county clerk's office of the county where the property is located in the same manner as any other type of deed.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-424-tod-two-witnesses" }, { "id": "rpl-243-witness-alternative", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 243 — Grant of fee or freehold", "citation": "N.Y. Real Prop. Law § 243 (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/243", "proposition": "Real Property Law § 243 requires at least one attesting witness only for a grant not acknowledged before delivery, and an unattested, unacknowledged grant does not take effect against a later purchaser or incumbrancer until it is acknowledged.", "verbatimQuote": "If not duly acknowledged before its delivery, according to the provisions of this chapter, its execution and delivery must be attested by at least one witness, or, if not so attested, it does not take effect as against a subsequent purchaser or incumbrancer until so acknowledged.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-243-witness-alternative" }, { "id": "rpl-292-proof-by-witness", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 292 — By whom conveyance must be acknowledged or proved", "citation": "N.Y. Real Prop. Law § 292 (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/292", "proposition": "Real Property Law § 292 provides that, except as article 9 otherwise provides, a proof of execution may be made only by a person other than the signer who witnessed the execution and subscribed as a witness at the same time.", "verbatimQuote": "Except as otherwise provided by this article, such acknowledgment can be made only by the person who executed the conveyance, and such proof can be made only by some other person, who was a witness of its execution, and at the same time subscribed his name to the conveyance as a witness.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-292-proof-by-witness" }, { "id": "rpl-304-witness-statements", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 304 — Proof by subscribing witness", "citation": "N.Y. Real Prop. Law § 304 (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/304", "proposition": "Real Property Law § 304 requires a subscribing witness to state the witness's residence and that the witness knew the grantor, and requires the officer to know the witness or have satisfactory evidence of the witness's identity.", "verbatimQuote": "When the execution of a conveyance is proved by a subscribing witness, such witness must state his own place of residence, and if his place of residence is in a city, the street and street number, if any thereof, and that he knew the person described in and who executed the conveyance. The proof must not be taken unless the officer is personally acquainted with such witness, or has satisfactory evidence that he is the same person, who was a subscribing witness to the conveyance.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-304-witness-statements" }, { "id": "rpl-309b-witness-form", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 309-b(2) — Uniform form of certificate of proof by subscribing witness without this state", "citation": "N.Y. Real Prop. Law § 309-b(2) (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/309-B", "proposition": "Real Property Law § 309-b(2) provides a certificate form for a proof by a subscribing witness taken outside New York, reciting that the sworn witness was present, saw the execution and subscribed as a witness at the same time.", "verbatimQuote": "2. The certificate for a proof of execution by a subscribing witness, without this state, of a conveyance or other instrument made by any person in respect to real property situate in this state, may conform substantially with the following form, the blanks being properly filled: State, District of Columbia, Territory, Possession, or Foreign Country )ss.: On the _______ day of ________ in the year ________ before me, the undersigned, personally appeared ________________, the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he/she resides in _____________________ (if the place of residence is in a city, include the street and street number, if any, thereof); that he/she knows _____________ to be the individual described in and who executed the foregoing instrument; that said subscribing witness was present and saw said _____________ execute the same; and that said witness at the same time subscribed his/her name as a witness thereto.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-309b-witness-form" }, { "id": "dos-li03-witness-form", "authorityType": "agency-guidance", "tier": "official-source-backed", "title": "N.Y. Department of State, Legal Memorandum LI03: New Acknowledgement Forms for Notaries Public", "citation": "N.Y. Dep't of State, Legal Memorandum LI03, New Acknowledgement Forms for Notaries Public.", "url": "https://dos.ny.gov/legal-memorandum-li03-new-acknowledgement-forms-notaries-public", "proposition": "The Department of State's legal memorandum LI03 says Real Property Law § 309-a also sets out the certificate that must be used for an in-state proof of execution by a subscribing witness.", "verbatimQuote": "Section 309-a also sets forth the certificate which must be used for a proof of execution by a subscribing witness, within New York State, of a conveyance or other instrument in respect to real property located in this State.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-dos-li03-witness-form" }, { "id": "rpl-305-compel-witness", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 305 — Compelling witnesses to testify", "citation": "N.Y. Real Prop. Law § 305 (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/305", "proposition": "Real Property Law § 305 lets an authorized officer subpoena a subscribing witness living in the county who refuses to testify about a deed's execution, on a grantee's verified application.", "verbatimQuote": "On the application of a grantee in a conveyance, his heir or personal representative, or a person claiming under either of them, verified by the oath of the applicant, stating that a witness to the conveyance, residing in the county where the application is made, refuses to appear and testify concerning its execution, and that such conveyance can not be proved without his testimony, any officer authorized to take, within the state, acknowledgment or proof of conveyance of real property may issue a subpoena, requiring such witness to attend and testify before him concerning the execution of the conveyance.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-305-compel-witness" }, { "id": "exec-135c-witness-scope", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Exec. Law § 135-c(2) — Electronic notarization", "citation": "N.Y. Exec. Law § 135-c(2) (2026).", "url": "https://www.nysenate.gov/legislation/laws/EXC/135-C", "proposition": "Executive Law § 135-c(2) authorizes a qualified notary public to perform an electronic notarial act by audio-video communication technology, subject to the section's conditions.", "verbatimQuote": "2. Any notary public qualified under this article is hereby authorized to perform an electronic notarial act by utilizing audio-video communication technology that allows the notary public to interact with a principal, provided that all conditions of this section are met.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-exec-135c-witness-scope" } ] }, { "slug": "new-york-electronic-notarization", "label": "Can a New York notary acknowledge a deed remotely?", "heading": "Can a New York notary acknowledge a deed remotely?", "answerText": "Yes: since January 31, 2023, a New York notary registered as an electronic notary may take an acknowledgment by audio-video technology under Executive Law § 135-c, if the notary is physically in New York and the instrument may be signed electronically.", "sources": [ { "id": "exec-135c-authorization", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Exec. Law § 135-c(2) — Electronic notarization", "citation": "N.Y. Exec. Law § 135-c(2) (2026).", "url": "https://www.nysenate.gov/legislation/laws/EXC/135-C", "proposition": "Executive Law § 135-c(2) authorizes a qualified notary public to perform an electronic notarial act by audio-video communication technology, subject to the section's conditions.", "verbatimQuote": "2. Any notary public qualified under this article is hereby authorized to perform an electronic notarial act by utilizing audio-video communication technology that allows the notary public to interact with a principal, provided that all conditions of this section are met.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-exec-135c-authorization" }, { "id": "exec-135c-types-and-location", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Exec. Law § 135-c(4)(a) — Types of electronic notarial acts", "citation": "N.Y. Exec. Law § 135-c(4)(a) (2026).", "url": "https://www.nysenate.gov/legislation/laws/EXC/135-C", "proposition": "Executive Law § 135-c(4)(a) permits an electronic notarial act on an instrument that may be signed electronically under applicable law, if the notary can confirm the instrument is the one signed and is located in New York, regardless of the signer's location.", "verbatimQuote": "4. Types of electronic notarial acts. (a) Any notarial act authorized by section one hundred thirty-five of this article may be performed electronically as prescribed by this section if: (i) for execution of any instrument in writing, under applicable law that document may be signed with an electronic signature and the notary public is reasonably able to confirm that such instrument is the same instrument in which the principal made a statement or on which the principal executed a signature; and (ii) the electronic notary public is located within the state of New York at the time of the performance of an electronic notarial act using communication technology, regardless of the location of the document signer.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-exec-135c-types-and-location" }, { "id": "exec-135c-outside-united-states", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Exec. Law § 135-c(4)(a) — Signer outside the United States", "citation": "N.Y. Exec. Law § 135-c(4)(a) (2026).", "url": "https://www.nysenate.gov/legislation/laws/EXC/135-C", "proposition": "Executive Law § 135-c(4)(a) requires, for a signer outside the United States, that the record concern a matter before a United States authority or involve United States property or a transaction substantially connected with the United States.", "verbatimQuote": "If the principal is outside the United States, the record or subject of the notarial act: (1) is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or (2) shall involve property located in the territorial jurisdiction of the United States or shall involve a transaction substantially connected with the United States.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-exec-135c-outside-united-states" }, { "id": "s7780-effective-date", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. S. 7780 (2021–2022 Reg. Sess.), § 6 — Effective date of electronic notarization", "citation": "N.Y. S. 7780, § 6, 2021–2022 Reg. Sess. (enacted as L. 2022, ch. 104).", "url": "https://legislation.nysenate.gov/pdf/bills/2021/S7780", "proposition": "Section 6 of S7780 amends the effective-date section of the 2021 electronic notarization law so that it takes effect on January 31, 2023.", "verbatimQuote": "§ 3. This act shall take effect [on the one hundred eightieth day after it shall have become a law] January 31, 2023.", "date": "2022-01-11", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-s7780-effective-date" }, { "id": "exec-135c-registration", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Exec. Law § 135-c(3)(a) — Registration requirements", "citation": "N.Y. Exec. Law § 135-c(3)(a) (2026).", "url": "https://www.nysenate.gov/legislation/laws/EXC/135-C", "proposition": "Executive Law § 135-c(3)(a) requires a notary to register the capability to notarize electronically with the Secretary of State before performing any electronic notarial act.", "verbatimQuote": "3. Registration requirements. (a) Before performing any electronic notarial act or acts, a notary public shall register the capability to notarize electronically with the secretary of state on a form prescribed by the secretary of state and upon payment of a fee which shall be set by regulation.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-exec-135c-registration" }, { "id": "nycrr-182-4-electronic-notary-duties", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "19 NYCRR § 182.4 — Additional requirements for electronic notaries", "citation": "19 N.Y.C.R.R. § 182.4(a) (2026).", "url": "https://www.law.cornell.edu/regulations/new-york/19-NYCRR-182.4", "deepLink": "https://www.law.cornell.edu/regulations/new-york/19-NYCRR-182.4#:~:text=(a)%20In%20addition%20to%20the,of%20an%20electronic%20notarial%20act%3B", "proposition": "19 NYCRR § 182.4(a)(1)–(4) requires an electronic notary to register, use only compliant vendors or providers, be physically located in New York and use an undisguised location-detecting network.", "verbatimQuote": "(a) In addition to the requirements set forth in section 182.3 of this Part, all notaries public who wish to perform electronic notarial acts in New York State must: (1) register the capability to notarize electronically with the secretary of state in compliance with this Part; (2) use only those vendors or providers who comply with the standards outlined in this Part and any communication or reporting relating to those standards as required by the secretary of state; (3) be physically located within the boundaries of New York when performing electronic notarial acts; (4) use a network that permits location detection when performing an electronic notarial act, meaning that no action, process or device shall be used to disguise or hide the actual location from which the electronic notary is performing the electronic notarial act, and that no function on any system or device used by an electronic notary that permits location detection shall be disabled or otherwise interfered with during the performance of an electronic notarial act;", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-nycrr-182-4-electronic-notary-duties" }, { "id": "nycrr-182-5-remote-identity", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "19 NYCRR § 182.5(c) — Satisfactory evidence of identity for remote signers", "citation": "19 N.Y.C.R.R. § 182.5(c) (2026).", "url": "https://www.law.cornell.edu/regulations/new-york/19-NYCRR-182.5", "deepLink": "https://www.law.cornell.edu/regulations/new-york/19-NYCRR-182.5#:~:text=(c)%20For%20any%20individual%20signing,set%20forth%20in%20this%20Part.", "proposition": "19 NYCRR § 182.5(c) requires identity verification, credential analysis and third-party identity proofing for a remote signer not personally known to the electronic notary.", "verbatimQuote": "(c) For any individual signing a document who appears before an electronic notary public using communication technology, and who is not personally known to the notary public, satisfactory evidence of identity requires all of the following: (1) identity verification as outlined in subdivision (b) of this section, utilizing communication technology that meets the requirements set forth in this Part; (2) credential analysis that meets the requirements set forth in this Part; and (3) identity proofing by a third-party service provider that meets the requirements set forth in this Part.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-nycrr-182-5-remote-identity" }, { "id": "nycrr-182-8-technology-recording", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "19 NYCRR § 182.8 — Communication technology", "citation": "19 N.Y.C.R.R. § 182.8(a)(1) (2026).", "url": "https://www.law.cornell.edu/regulations/new-york/19-NYCRR-182.8", "deepLink": "https://www.law.cornell.edu/regulations/new-york/19-NYCRR-182.8#:~:text=(a)%20The%20communication%20technology%20used,signature%20and%20seal%20without%20interruption%3B", "proposition": "19 NYCRR § 182.8(a)(1) requires communication technology that lets the notary and signer see and speak to each other in real time throughout the notarial act.", "verbatimQuote": "(a) The communication technology used to perform electronic notarial acts must: (1) permit sufficient audio and visual clarity to enable the notary and the person(s) for whom a notarial act is requested to see and speak to each other simultaneously through live, real-time transmission throughout the duration of the notarial act, through and including identity verification, identity proofing, the signature of any parties present during the transaction and the application of the notary's signature and seal without interruption;", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-nycrr-182-8-technology-recording" }, { "id": "exec-135c-recording-retention", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Exec. Law § 135-c(2)(b) — Recording of audio-video conference", "citation": "N.Y. Exec. Law § 135-c(2)(b) (2026).", "url": "https://www.nysenate.gov/legislation/laws/EXC/135-C", "proposition": "Executive Law § 135-c(2)(b) requires an electronic notary who used video and audio conference technology to identify the signer to keep the recording for at least ten years.", "verbatimQuote": "(b) If video and audio conference technology has been used to ascertain a document signer's identity, the electronic notary shall keep a copy of the recording of the video and audio conference and a notation of the type of any other identification used. The recording shall be maintained for a period of at least ten years from the date of transaction.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-exec-135c-recording-retention" }, { "id": "exec-135c-notary-signature", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Exec. Law § 135-c(5)(a) — Notary's electronic signature", "citation": "N.Y. Exec. Law § 135-c(5)(a) (2026).", "url": "https://www.nysenate.gov/legislation/laws/EXC/135-C", "proposition": "Executive Law § 135-c(5)(a) requires the notary's electronic signature to be attached to the electronic record so that removal or alteration is detectable.", "verbatimQuote": "5. Form and manner of performing the electronic notarial act. (a) When performing an electronic notarial act relating to execution of instruments in writing, a notary public shall apply an electronic signature, which shall be attached to the electronic record such that removal or alteration of such electronic signature is detectable and will render evidence of alteration of the document containing the notary signature which may invalidate the electronic notarial act.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-exec-135c-notary-signature" }, { "id": "exec-135c-certificate-statement", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Exec. Law § 135-c(5)(d) — Remote online notarial certificate", "citation": "N.Y. Exec. Law § 135-c(5)(d) (2026).", "url": "https://www.nysenate.gov/legislation/laws/EXC/135-C", "proposition": "Executive Law § 135-c(5)(d) requires the remote online notarial certificate to state that the person acknowledging appeared through use of communication technology.", "verbatimQuote": "(d) The remote online notarial certificate for an electronic notarial act shall state that the person making the acknowledgement or making the oath appeared through use of communication technology.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-exec-135c-certificate-statement" }, { "id": "exec-135c-personal-appearance", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Exec. Law § 135-c(10) — Personal-appearance requirements", "citation": "N.Y. Exec. Law § 135-c(10) (2026).", "url": "https://www.nysenate.gov/legislation/laws/EXC/135-C", "proposition": "Executive Law § 135-c(10) provides that an act conforming to § 135-c satisfies any personal-appearance requirement, notwithstanding Real Property Law article 9, unless a law expressly excludes the authorization.", "verbatimQuote": "10. Notwithstanding article nine of the real property law or any other law to the contrary, any act performed in conformity with this section shall satisfy any requirements at law that a principal personally appear before, be in the presence of, or be in a single time and place with a notary public at the time of the performance of the notarial act, unless a law expressly excludes the authorization provided for in this section.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-exec-135c-personal-appearance" }, { "id": "nycrr-540-1-chapter-549", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "9 NYCRR § 540.1(g) — Purpose: electronic recording of real-property instruments", "citation": "9 N.Y.C.R.R. § 540.1(g) (2026).", "url": "https://www.law.cornell.edu/regulations/new-york/9-NYCRR-540.1", "deepLink": "https://www.law.cornell.edu/regulations/new-york/9-NYCRR-540.1#:~:text=Chapter%20549%20amended%20ESRA%20to,of%20instruments%20affecting%20real%20property.", "proposition": "9 NYCRR § 540.1(g) states that chapter 549 of the Laws of 2011 amended the Electronic Signatures and Records Act to allow electronic signatures and records with conveyances recordable under Real Property Law article 9, and added Real Property Law § 291-i.", "verbatimQuote": "Chapter 549 amended ESRA to allow for the use and acceptance of electronic signatures and records with conveyances and other instruments recordable under article nine of the Real Property Law. Chapter 549 also added a new section 291-i to the Real Property Law, permitting, but not requiring, recording officers to participate in electronic recording of instruments affecting real property.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-nycrr-540-1-chapter-549" }, { "id": "stl-304-electronic-signature-effect", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. State Tech. Law § 304(2) — Use of electronic signatures", "citation": "N.Y. State Tech. Law § 304(2) (2026).", "url": "https://www.nysenate.gov/legislation/laws/STT/304", "proposition": "State Technology Law § 304(2) gives an electronic signature the same validity and effect as a handwritten signature unless a law specifically provides otherwise.", "verbatimQuote": "2. In accordance with this section unless specifically provided otherwise by law, an electronic signature may be used by a person in lieu of a signature affixed by hand. The use of an electronic signature shall have the same validity and effect as the use of a signature affixed by hand.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-stl-304-electronic-signature-effect" }, { "id": "stl-307-exceptions", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. State Tech. Law § 307 — Exceptions", "citation": "N.Y. State Tech. Law § 307 (2026).", "url": "https://www.nysenate.gov/legislation/laws/STT/307", "proposition": "State Technology Law § 307(2) and (3) exclude title instruments whose possession confers title, unless kept in a unique electronic form, and documents the electronic facilitator specifically excepts.", "verbatimQuote": "2. To any negotiable instruments and other instruments of title wherein possession of the instrument is deemed to confer title, unless an electronic version of such record is created, stored or transferred pursuant to this article in a manner that allows for the existence of only one unique, identifiable and unalterable version which cannot be copied except in a form that is readily identifiable as a copy. 3. To any other document that the electronic facilitator has specifically excepted, pursuant to the rules and regulations of the electronic facilitator, from the application of this article.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-stl-307-exceptions" }, { "id": "nycrr-540-7-notarization-real-property", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "9 NYCRR § 540.7(e) — Notarization of electronic real-property instruments", "citation": "9 N.Y.C.R.R. § 540.7(e) (2026).", "url": "https://www.law.cornell.edu/regulations/new-york/9-NYCRR-540.7", "deepLink": "https://www.law.cornell.edu/regulations/new-york/9-NYCRR-540.7#:~:text=(e)%20A%20notary%20shall%20perform,19%20NYCRR%20Part%20182%20.", "proposition": "9 NYCRR § 540.7(e) permits a notary to notarize a real-property instrument that exists as an electronic record where the signatory appears before the notary, and requires identification under 19 NYCRR Part 182.", "verbatimQuote": "(e) A notary shall perform a notarization of an instrument affecting real property that exists as an electronic record only where the signatory appears before the notary at the time of notarization to execute the record or to affirm a prior execution, as permitted by New York State law. The methods that a notary uses to identify a signatory shall comply with the regulations issued by the New York Department of State found in 19 NYCRR Part 182 .", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-nycrr-540-7-notarization-real-property" }, { "id": "assembly-s1780-chapter-767", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "New York State Assembly, Bill S01780 (2021–2022) — summary and actions", "citation": "N.Y. State Assembly, Bill S01780 (2021–2022), Summary and Actions (signed Dec. 22, 2021, ch. 767).", "url": "https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=S01780&term=2021&Summary=Y&Actions=Y", "proposition": "The Assembly's bill record shows that S1780-C was signed as chapter 767 on December 22, 2021.", "verbatimQuote": "06/09/2021 | substituted for a399b | ||||||||||||||||||||||||||||||||||||||||||||||||| | 06/09/2021 | ordered to third reading rules cal.654 | ||||||||||||||||||||||||||||||||||||||||||||||||| | 06/09/2021 | passed assembly | ||||||||||||||||||||||||||||||||||||||||||||||||| | 06/09/2021 | returned to senate | ||||||||||||||||||||||||||||||||||||||||||||||||| | 12/10/2021 | DELIVERED TO GOVERNOR | ||||||||||||||||||||||||||||||||||||||||||||||||| | 12/22/2021 | SIGNED CHAP.767", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-assembly-s1780-chapter-767" }, { "id": "assembly-s7780-chapter-104", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "New York State Assembly, Bill S07780 (2021–2022) — summary and actions", "citation": "N.Y. State Assembly, Bill S07780 (2021–2022), Summary and Actions (signed Feb. 24, 2022, ch. 104).", "url": "https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=S07780&term=2021&Summary=Y&Actions=Y", "proposition": "The Assembly's bill record shows that S7780 was signed as chapter 104 on February 24, 2022.", "verbatimQuote": "02/07/2022 | substituted for a8691 | ||||||||||||||||||||||||||||||||||||||||||||||||| | 02/07/2022 | ordered to third reading cal.367 | ||||||||||||||||||||||||||||||||||||||||||||||||| | 02/07/2022 | passed assembly | ||||||||||||||||||||||||||||||||||||||||||||||||| | 02/07/2022 | returned to senate | ||||||||||||||||||||||||||||||||||||||||||||||||| | 02/24/2022 | DELIVERED TO GOVERNOR | ||||||||||||||||||||||||||||||||||||||||||||||||| | 02/24/2022 | SIGNED CHAP.104", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-assembly-s7780-chapter-104" }, { "id": "exec-135c-notary-may-refuse", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Exec. Law § 135-c(9) — No duty to notarize electronically", "citation": "N.Y. Exec. Law § 135-c(9) (2026).", "url": "https://www.nysenate.gov/legislation/laws/EXC/135-C", "proposition": "Executive Law § 135-c(9) does not require any notary to act by communication technology and permits refusal if the notary doubts the signer's competence or capacity or that the signature is knowing and voluntary.", "verbatimQuote": "9. Nothing in this section shall be construed as requiring any notary public to perform a notarial act using electronic communication technology. A notary public may refuse to perform such a notarial act if the notary public is not satisfied that (a) the principal is competent or has the capacity to execute a record, or (b) the principal's signature is knowingly and voluntarily made.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-exec-135c-notary-may-refuse" }, { "id": "nycrr-182-4-certificate-and-foreign-signer", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "19 NYCRR § 182.4(a)(5)–(9) — Electronic signature, certificate and foreign signers", "citation": "19 N.Y.C.R.R. § 182.4(a)(5)–(9) (2026).", "url": "https://www.law.cornell.edu/regulations/new-york/19-NYCRR-182.4", "deepLink": "https://www.law.cornell.edu/regulations/new-york/19-NYCRR-182.4#:~:text=(5)%20affix%20a%20reliable%20electronic,connected%20with%20the%20United%20States%3B", "proposition": "19 NYCRR § 182.4(a)(5)–(9) requires a reliable digital-certificate electronic signature, a certificate stating appearance by communication technology, confirmation that the instrument is the one signed, and, for a signer outside the United States, recorded verbal confirmation of the United States connection.", "verbatimQuote": "(5) affix a reliable electronic signature to electronic records. An electronic signature is reliable if it is: (i) unique to the notary public; (ii) attached or logically associated with an electronic record by use of a digital certificate that utilizes public key infrastructure as defined in this Part and is capable of independent verification; (iii) retained under the notary's sole control; and (iv) linked to the data in such a manner that any subsequent alterations to the underlying record are detectable and may invalidate the electronic notarial act; (6) use their designated electronic signature only for the purpose of performing electronic notarial acts or as otherwise specified in this Part; (7) ensure the remote online notarial certificate for an electronic notarial act clearly states that the person making the acknowledgement or making the oath appeared using communication technology; (8) for execution of any instrument in writing, if under applicable law the record may be signed with an electronic signature, confirm that such instrument is the same instrument in which the principal made a statement or on which the principal executed a signature; (9) if the principal is located outside of the United States, verify, through verbal confirmation made by the principal in the course of the recorded electronic notarial act, that the record or subject of the notarial act: (i) is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or (ii) involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States;", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-nycrr-182-4-certificate-and-foreign-signer" }, { "id": "nycrr-182-8-recording-contents", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "19 NYCRR § 182.8(b) — Recording of the electronic notarial act", "citation": "19 N.Y.C.R.R. § 182.8(b) (2026).", "url": "https://www.law.cornell.edu/regulations/new-york/19-NYCRR-182.8", "deepLink": "https://www.law.cornell.edu/regulations/new-york/19-NYCRR-182.8#:~:text=(b)%20The%20electronic%20notary%20shall,from%20the%20date%20of%20transaction.", "proposition": "19 NYCRR § 182.8(b) requires the electronic notary to keep a recording of the complete notarial act, required signatures and a verbal description of the identification used, for at least ten years.", "verbatimQuote": "(b) The electronic notary shall keep a copy of the recording of the video and audio conference that includes at minimum:(1) the complete notarial act, including the verification required by paragraph 9 of subdivision (a) of section 182.4 of this Part; (2) any signatures required for completion of the notarial act; and (3) a verbal description of the type of identification used. The recording shall not include the discussion or display of any personally identifiable information not subject to recordkeeping requirements set forth in section 182.9 of this Part, and must be maintained for a period of at least ten years from the date of transaction.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-nycrr-182-8-recording-contents" }, { "id": "nycrr-182-3-disqualification-records", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "19 NYCRR § 182.3(a) — Requirements for notaries", "citation": "19 N.Y.C.R.R. § 182.3(a) (2026).", "url": "https://www.law.cornell.edu/regulations/new-york/19-NYCRR-182.3", "deepLink": "https://www.law.cornell.edu/regulations/new-york/19-NYCRR-182.3#:~:text=(a)%20All%20notaries%20public%20who,as%20required%20by%20this%20Part%3B", "proposition": "19 NYCRR § 182.3(a) requires every notary to identify signers, require personal appearance except as Part 182 and Executive Law § 135-c authorize, disqualify themselves from transactions in which they are a party or directly and pecuniarily interested, and maintain the required records.", "verbatimQuote": "(a) All notaries public who wish to perform notarial acts in New York State, must: (1) satisfy the requirements of sections 130 and 131 of the Executive Law; (2) obtain satisfactory evidence of the identity of any principal or other individual appearing before the notary in a manner authorized by this Part; (3) require the personal appearance of all parties to any transaction for which a notarial act is required for the duration of any such transaction, except acts performed as authorized and in conformity with this Part and section 135-c of Executive Law unless a law expressly excludes such authorization; (4) administer any oath or affirmation as required by the law governing the transaction for which the notarial act is required and, regardless of the county of qualification, include and affix to each instrument requiring an oath or affirmation such notary public's official number; (5) disqualify themselves from performing notarial acts for transactions in which the notary is a party or directly and pecuniarily interested in the transaction; (6) refuse to perform a notarial act when the requirements of this Part are not met, or if the notary is not satisfied that the official record or the presented record evidences the individual's capacity to act as the representative on the record presented for notarization; (7) maintain records as required by this Part;", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-nycrr-182-3-disqualification-records" }, { "id": "dos-faq-electronic-journal", "authorityType": "agency-guidance", "tier": "official-source-backed", "title": "N.Y. Department of State, Notary Public — Frequently Asked Questions", "citation": "N.Y. Dep't of State, Notary Public — Frequently Asked Questions.", "url": "https://dos.ny.gov/notary-public-frequently-asked-questions", "proposition": "The Department of State says electronic notaries must keep a journal of all notarial acts and an audio and video record of all electronic notarial acts.", "verbatimQuote": "Additionally, electronic notaries must maintain a journal of all notarial acts as well as an audio & video record of all electronic notarial acts performed.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-dos-faq-electronic-journal" }, { "id": "s7780-section-135c-renumbering", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. S. 7780 (2021–2022 Reg. Sess.), § 2 — Renumbering of electronic notarization section", "citation": "N.Y. S. 7780, § 2, 2021–2022 Reg. Sess. (enacted as L. 2022, ch. 104).", "url": "https://legislation.nysenate.gov/pdf/bills/2021/S7780", "proposition": "Section 2 of S7780 amends Executive Law § 137-a, as added by the 2021 electronic notarization law (S1780-C), and renumbers it as § 135-c.", "verbatimQuote": "§ 2. Section 137-a of the executive law, as added by a chapter of the laws of 2021, amending the executive law relating to providing for electronic notarization, as proposed in legislative bills numbers S. 1780-c and A. 399-b, is amended to read as follows: § [137-a] 135-c. Electronic notarization.", "date": "2022-01-11", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-s7780-section-135c-renumbering" }, { "id": "rpl-424-tod-effective-at-death", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 424(3) — Transfer on death deed authorized", "citation": "N.Y. Real Prop. Law § 424(3) (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/424", "proposition": "Real Property Law § 424(3) lets an individual transfer property to one or more beneficiaries effective at the transferor's death by a transfer on death deed.", "verbatimQuote": "3. Transfer on death deed authorized. An individual may transfer property to one or more beneficiaries effective at the transferor's death by a transfer on death deed.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-424-tod-effective-at-death" }, { "id": "stl-307-death-incompetence", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. State Tech. Law § 307(1) — Exception for documents on death or incompetence", "citation": "N.Y. State Tech. Law § 307(1) (2026).", "url": "https://www.nysenate.gov/legislation/laws/STT/307", "proposition": "State Technology Law § 307(1), in the version effective until December 12, 2027, excludes from the Electronic Signatures and Records Act documents disposing of a person or property on death or incompetence or appointing a fiduciary, subject to listed exceptions.", "verbatimQuote": "§ 307. Exceptions. This article shall not apply: * 1. To any document providing for the disposition of an individual's person or property upon death or incompetence, or appointing a fiduciary of an individual's person or property, including, without limitation, wills, trusts, decisions consenting to orders not to resuscitate, and powers of attorney, with the exception of: (a) contractual beneficiary designations; (b) the registration of making, amending, or revoking an anatomical gift under section forty-three hundred ten of the public health law; (c) documents and forms authorizing or accepting funeral, cemetery and cremation services; and (d) the execution of a valid power of attorney for the purpose of transferring a salvage certificate of title and the execution of an odometer and damage disclosure statement in connection with such title whenever a loss in connection with a private automobile is determined by an insurer to be a total loss or constructive total loss under section three thousand four hundred twelve of the insurance law. * NB Effective until December 12, 2027", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-stl-307-death-incompetence" } ] }, { "slug": "out-of-state-online-notary", "label": "Does New York recognize an out-of-state online notarization of a New York deed?", "heading": "Does New York recognize an online notarization of a New York deed by a notary commissioned in another state?", "answerText": "In the absence of a New York statute, regulation or appellate decision on point in our review, our reading favors recognizing another state's online notarization of a New York deed when the signer is in the notary's state and leaves it open when the signer is in New York.", "sources": [ { "id": "rpl-299a-equivalence-online", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 299-a(4) — Equivalence of acknowledgment before listed officers", "citation": "N.Y. Real Prop. Law § 299-a(4) (2026) (added by L. 2024, ch. 502).", "url": "https://www.nysenate.gov/legislation/laws/RPP/299-A", "proposition": "Real Property Law § 299-a(4) treats an instrument acknowledged before a listed out-of-state officer, including a notary, in the manner prescribed by that officer's jurisdiction as equivalent to a New York-form acknowledgment.", "verbatimQuote": "4. An instrument acknowledged or proved taken by and accompanied by the signature and title of a notarial officer listed in paragraph (a), (c) or (d) of subdivision one of section two hundred ninety-nine of this article and taken in the manner prescribed by the laws of such notarial officer's jurisdiction shall be equivalent to one taken or made in the form prescribed by law for use in this state. Such instrument, if otherwise entitled to record, filing, or registering, may be recorded, filed, or registered in any recording or filing office in this state, and shall be so recorded, filed or registered upon payment or tender of lawful fees therefor.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-299a-equivalence-online" }, { "id": "rpl-298-in-state-list-online", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 298 — Acknowledgments and proofs within the state", "citation": "N.Y. Real Prop. Law § 298 (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/298", "proposition": "Real Property Law § 298 lists the officers before whom an acknowledgment within New York may be made, including a notary public.", "verbatimQuote": "The acknowledgment or proof, within this state, of a conveyance of real property situate in this state may be made: 1. At any place within the state, before (a) a justice of the supreme court; (b) an official examiner of title; (c) an official referee; or (d) a notary public.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-298-in-state-list-online" }, { "id": "rpl-299-notary-online", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 299(1) — Acknowledgments and proofs without the state, but within the United States", "citation": "N.Y. Real Prop. Law § 299(1) (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/299", "proposition": "Real Property Law § 299(1) applies to an acknowledgment made outside New York and recognizes a notary public acting within the notary's territorial jurisdiction.", "verbatimQuote": "1. The acknowledgment or proof of a conveyance of real property situate in this state, if made without the state but within the United States, within any territory, possession, or dependency of the United States, or within any place over which the United States, at the time when such acknowledgment or proof is taken, has or exercises jurisdiction, sovereignty, control, or a protectorate, may be made before any of the following officers acting within his territorial jurisdiction or within that of the court of which he is an officer: (a) A judge or other presiding officer of any court having a seal, or the clerk or other certifying officer thereof. (b) A mayor or other chief civil officer of any city or other political subdivision. (c) A notary public.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-299-notary-online" }, { "id": "rpl-299-conclusive-authority-online", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 299(3) — Conclusive authority of listed officers", "citation": "N.Y. Real Prop. Law § 299(3) (2026) (added by L. 2024, ch. 502).", "url": "https://www.nysenate.gov/legislation/laws/RPP/299", "proposition": "Real Property Law § 299(3) makes the signature and title of an out-of-state court officer, notary or New York commissioner of deeds conclusive of the officer's authority.", "verbatimQuote": "3. The signature and title of a notarial officer described in paragraph (a), (c) or (d) of subdivision one of this section conclusively establish the authority of the officer to perform the acknowledgment or proof of a conveyance.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-299-conclusive-authority-online" }, { "id": "rpl-313-notary-definition", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 313 — Notary public", "citation": "N.Y. Real Prop. Law § 313 (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/313", "proposition": "Real Property Law § 313 extends the term notary public to any person appointed to perform notarial functions, for §§ 299, 301, 308 and 311 only.", "verbatimQuote": "The term “notary public, ” as used in sections two hundred ninety-nine, three hundred one, three hundred eight, and three hundred eleven, of this chapter, includes any person appointed to perform notarial functions.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-313-notary-definition" }, { "id": "exec-135c-appearance-online", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Exec. Law § 135-c(10) — Personal-appearance requirements", "citation": "N.Y. Exec. Law § 135-c(10) (2026).", "url": "https://www.nysenate.gov/legislation/laws/EXC/135-C", "proposition": "Executive Law § 135-c(10) satisfies personal-appearance requirements only for an act performed in conformity with § 135-c.", "verbatimQuote": "10. Notwithstanding article nine of the real property law or any other law to the contrary, any act performed in conformity with this section shall satisfy any requirements at law that a principal personally appear before, be in the presence of, or be in a single time and place with a notary public at the time of the performance of the notarial act, unless a law expressly excludes the authorization provided for in this section.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-exec-135c-appearance-online" }, { "id": "exec-135c-location-online", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Exec. Law § 135-c(4)(a) — Types of electronic notarial acts", "citation": "N.Y. Exec. Law § 135-c(4)(a) (2026).", "url": "https://www.nysenate.gov/legislation/laws/EXC/135-C", "proposition": "Executive Law § 135-c(4)(a) conditions an electronic notarial act on the New York electronic notary being located in New York, regardless of the signer's location.", "verbatimQuote": "4. Types of electronic notarial acts. (a) Any notarial act authorized by section one hundred thirty-five of this article may be performed electronically as prescribed by this section if: (i) for execution of any instrument in writing, under applicable law that document may be signed with an electronic signature and the notary public is reasonably able to confirm that such instrument is the same instrument in which the principal made a statement or on which the principal executed a signature; and (ii) the electronic notary public is located within the state of New York at the time of the performance of an electronic notarial act using communication technology, regardless of the location of the document signer.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-exec-135c-location-online" }, { "id": "rpl-309b-personally-appeared", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 309-b(1) — Uniform form of certificate of acknowledgment without this state", "citation": "N.Y. Real Prop. Law § 309-b(1) (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/309-B", "proposition": "Real Property Law § 309-b(1) provides an out-of-state certificate form reciting that the signer personally appeared before the officer.", "verbatimQuote": "1. The certificate of an acknowledgement, without this state, of a conveyance or other instrument with respect to real property situate in this state, by a person, may conform substantially with the following form, the blanks being properly filled: State, District of Columbia, Territory, Possession, or Foreign Country ) ss.: On the _______ day of __________ in the year _______ before me, the undersigned, personally appeared ______________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-309b-personally-appeared" }, { "id": "nycrr-540-7-no-verification-online", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "9 NYCRR § 540.7(f) — Recording officer not required to verify", "citation": "9 N.Y.C.R.R. § 540.7(f) (2026).", "url": "https://www.law.cornell.edu/regulations/new-york/9-NYCRR-540.7", "deepLink": "https://www.law.cornell.edu/regulations/new-york/9-NYCRR-540.7#:~:text=(f)%20A%20recording%20officer%20is,an%20instrument%20affecting%20real%20property.", "proposition": "9 NYCRR § 540.7(f) provides that a recording officer is not required to verify or authenticate electronic signatures or notarizations on a real-property instrument.", "verbatimQuote": "(f) A recording officer is not required to verify or authenticate electronic signatures or notarizations on an instrument affecting real property.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-nycrr-540-7-no-verification-online" } ] }, { "slug": "covid-executive-order", "label": "Does the COVID-era remote notarization order still apply in New York?", "heading": "Does the COVID-era executive order on remote notarization still apply to New York deeds?", "answerText": "No: Executive Order 202.7 authorized notarial acts by audio-video technology from March 19, 2020, and Executive Order 210 rescinded the entire Executive Order 202 series effective June 25, 2021.", "sources": [ { "id": "eo-202-7-notarial-directive", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Executive Order No. 202.7 (Mar. 19, 2020)", "citation": "N.Y. Exec. Order No. 202.7 (Mar. 19, 2020).", "url": "https://www.governor.ny.gov/sites/default/files/atoms/files/EO%20202.7.pdf", "proposition": "Executive Order 202.7 authorized any notarial act required by New York law to be performed by audio-video technology on conditions including live photo identification, direct interaction, the signer's representation of being in New York and same-day transmission of the signed document, and let the notary repeat the notarization on the original if the original and notarized copy were received within thirty days after execution.", "verbatimQuote": "Any notarial act that is required under New York State law is authorized to be performed utilizing audio-video technology provided that the following conditions are met: o The person seeking the Notary's services, if not personally known to the Notary, must present valid photo ID to the Notary during the video conference, not merely transmit it prior to or after; o The video conference must allow for direct interaction between the person and the Notary (e.g. no pre-recorded videos of the person signing); o The person must affirmatively represent that he or she is physically situated in the State of New York; o The person must transmit by fax or electronic means a legible copy of the signed document directly to the Notary on the same date it was signed; o The Notary may notarize the transmitted copy of the document and transmit the same back to the person; and o The Notary may repeat the notarization of the original signed document as of the date of execution provided the Notary receives such original signed document together with the electronically notarized copy within thirty days after the date of execution.", "date": "2020-03-19", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-eo-202-7-notarial-directive" }, { "id": "eo-202-7-term", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Executive Order No. 202.7 (Mar. 19, 2020)", "citation": "N.Y. Exec. Order No. 202.7 (Mar. 19, 2020).", "url": "https://www.governor.ny.gov/sites/default/files/atoms/files/EO%20202.7.pdf", "proposition": "Executive Order 202.7 issued its directives for the period from the order's date through April 18, 2020.", "verbatimQuote": "IN ADDITION, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to issue any directive during a disaster emergency necessary to cope with the disaster, I hereby issue the following directives for the period from the date of Executive Order through April 18, 2020: • Any notarial act that is required under New York State law is authorized to be performed utilizing audio-video technology provided that the following conditions are met: o The person seeking the Notary's services, if not personally known to the Notary, must present valid photo ID to the Notary during the video conference, not merely transmit it prior to or after;", "date": "2020-03-19", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-eo-202-7-term" }, { "id": "eo-210-rescission", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Executive Order No. 210 (June 24, 2021) — Expiration of Executive Orders 202 and 205", "citation": "N.Y. Exec. Order No. 210 (June 24, 2021).", "url": "https://www.governor.ny.gov/sites/default/files/2021-06/EO_210.pdf", "proposition": "Executive Order 210 rescinded Executive Orders 202 through 202.111 effective June 25, 2021.", "verbatimQuote": "NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and laws of the State of New York, do hereby order that upon due consideration, deliberation and review, Executive Orders 202 through 202.111 and Executive Orders 205 through 205.3are hereby rescinded effective June 25, 2021.", "date": "2021-06-24", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-eo-210-rescission" }, { "id": "governor-emergency-ending-release", "authorityType": "agency-guidance", "tier": "official-source-backed", "title": "Governor Cuomo Announces New York Ending COVID-19 State Disaster Emergency on June 24", "citation": "Press Release, Governor Andrew M. Cuomo, Governor Cuomo Announces New York Ending COVID-19 State Disaster Emergency on June 24.", "url": "https://www.governor.ny.gov/news/governor-cuomo-announces-new-york-ending-covid-19-state-disaster-emergency-june-24", "proposition": "The Governor announced that the state disaster emergency declared on March 7, 2020 would end.", "verbatimQuote": "Governor Andrew M. Cuomo today announced that New York will end the state disaster emergency declared on March 7, 2020 to fight COVID-19.", "date": "2021-06-23", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-governor-emergency-ending-release" }, { "id": "s7780-temporary-rin-location", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. S. 7780 (2021–2022 Reg. Sess.), § 1 — Temporary remote ink notarization", "citation": "N.Y. S. 7780, § 1, 2021–2022 Reg. Sess. (enacted as L. 2022, ch. 104).", "url": "https://legislation.nysenate.gov/pdf/bills/2021/S7780", "proposition": "Section 1 of S7780, enacted as chapter 104 of the Laws of 2022, added a temporary remote ink notarization section that required the notary to be physically in New York and let the signer be in or outside New York, subject to conditions for signers outside the United States.", "verbatimQuote": "(h) The notary public must be physically situated in New York state at the time of the remote notarization. The principal may be situated in New York, outside of New York but inside the United States, or outside the United States, provided: (1) the record is to be filed with or relates to a matter before a public official or court, governmental entity, or other entity subject to the jurisdiction of the United States; or (2) the record involves property located in the territorial jurisdiction of the United States or involves a transaction substantially connected with the United States.", "date": "2022-01-11", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-s7780-temporary-rin-location" }, { "id": "s7780-rin-expiry", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. S. 7780 (2021–2022 Reg. Sess.), § 7 — Effective and expiration dates", "citation": "N.Y. S. 7780, § 7, 2021–2022 Reg. Sess. (enacted as L. 2022, ch. 104).", "url": "https://legislation.nysenate.gov/pdf/bills/2021/S7780", "proposition": "Section 7 of S7780 made the act effective immediately and provided that its temporary section 1 would expire when the electronic notarization provisions took effect.", "verbatimQuote": "§ 7. This act shall take effect immediately; provided, however, that sections two, three, and five of this act shall take effect on the same date and in the same manner as a chapter of the laws of 2021 amending the executive law relating to providing for electronic notarization, as proposed in legislative bills numbers S.1780-c and A.399-b, takes effect; and provided further that section one of this act shall expire and be deemed repealed on the same date that section two of this act takes effect.", "date": "2022-01-11", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-s7780-rin-expiry" }, { "id": "assembly-s7780-signing", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "New York State Assembly, Bill S07780 (2021–2022) — summary and actions", "citation": "N.Y. State Assembly, Bill S07780 (2021–2022), Summary and Actions (signed Feb. 24, 2022, ch. 104).", "url": "https://nyassembly.gov/leg/?default_fld=&leg_video=&bn=S07780&term=2021&Summary=Y&Actions=Y", "proposition": "The Assembly's bill record shows that S7780 was signed as chapter 104 on February 24, 2022.", "verbatimQuote": "02/07/2022 | substituted for a8691 | ||||||||||||||||||||||||||||||||||||||||||||||||| | 02/07/2022 | ordered to third reading cal.367 | ||||||||||||||||||||||||||||||||||||||||||||||||| | 02/07/2022 | passed assembly | ||||||||||||||||||||||||||||||||||||||||||||||||| | 02/07/2022 | returned to senate | ||||||||||||||||||||||||||||||||||||||||||||||||| | 02/24/2022 | DELIVERED TO GOVERNOR | ||||||||||||||||||||||||||||||||||||||||||||||||| | 02/24/2022 | SIGNED CHAP.104", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-assembly-s7780-signing" }, { "id": "dos-faq-rin-ended", "authorityType": "agency-guidance", "tier": "official-source-backed", "title": "N.Y. Department of State, Notary Public — Frequently Asked Questions", "citation": "N.Y. Dep't of State, Notary Public — Frequently Asked Questions.", "url": "https://dos.ny.gov/notary-public-frequently-asked-questions", "proposition": "The Department of State says remote ink notarization, authorized during the pandemic by executive order and then by temporary statute, has not been permitted since January 31, 2023, when only electronic notarization became permitted.", "verbatimQuote": "Is Remote Ink Notarization permitted in New York State? Not after January 31, 2023. During the COVID-19 pandemic, like in many jurisdictions the practice of RIN was authorized by executive order. After the pandemic, RIN was permitted in New York State by temporary statute (Executive Law section 135-c, “Remote ink notarization”) alongside electronic notarization, subject to standards provided in the temporary law. On January 31, 2023, only electronic notarization is permitted in New York State, through repeal of Executive Law § 135-c, Remote ink notarization and replacement with Executive Law § 135-c, Electronic notarization.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-dos-faq-rin-ended" }, { "id": "eo-202-7-signing-date", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Executive Order No. 202.7 (Mar. 19, 2020)", "citation": "N.Y. Exec. Order No. 202.7 (Mar. 19, 2020).", "url": "https://www.governor.ny.gov/sites/default/files/atoms/files/EO%20202.7.pdf", "proposition": "Executive Order 202.7 was given on March 19, 2020.", "verbatimQuote": "GIVEN under my hand and the Privy Seal of the State in the City of Albany the nineteenth day of March in the year two thousand twenty.", "date": "2020-03-19", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-eo-202-7-signing-date" } ] }, { "slug": "recording-offices", "label": "Will a New York recording office record an electronically notarized or e-signed deed?", "heading": "Will a New York county clerk or the New York City Register record an electronically notarized or electronically signed deed?", "answerText": "A county clerk, city registrar or other recording officer must accept a paper copy of an electronically notarized deed that a notary has certified as a true copy and that is otherwise eligible for recording, but no recording office is required to accept electronic recording itself.", "sources": [ { "id": "exec-135c-paper-copy-acceptance", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Exec. Law § 135-c(6)(d) — Certified tangible copy of an electronic record", "citation": "N.Y. Exec. Law § 135-c(6)(d)(ii) (2026).", "url": "https://www.nysenate.gov/legislation/laws/EXC/135-C", "proposition": "Executive Law § 135-c(6)(d) lets the notary certify a tangible copy of the signature page and document type of an electronic record and requires a county clerk, city registrar or other recording officer to accept a certified tangible copy that is otherwise eligible for recording.", "verbatimQuote": "(d) (i) A notary public may certify that a tangible copy of the signature page and document type of an electronic record notarized by such notary public is an accurate copy of such electronic record. Such certification must (1) be dated and signed by the notary public in the same manner as the official signature of the notary public provided to the secretary of state pursuant to section one hundred thirty-one of this article, and (2) comply with section one hundred thirty-seven of this article. (ii) A county clerk, city registrar, or other recording officer where applicable shall accept for recording a tangible copy of an electronic record and that is otherwise eligible to be recorded under the laws of this state if the record has been certified by a notary public or other individual authorized to perform a notarial act. (iii) A certification in substantially the following form is sufficient for the purposes of this subdivision:", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-exec-135c-paper-copy-acceptance" }, { "id": "rpl-291i-recording-discretionary", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 291-i(3) — Electronic recording discretionary", "citation": "N.Y. Real Prop. Law § 291-i(3) (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/291-I", "proposition": "Real Property Law § 291-i(3) makes each county clerk's participation in electronic recording discretionary and requires the county to accept electronic recordings once the clerk permits them.", "verbatimQuote": "3. Nothing in this section or any other provision of law shall be construed to require the recording by electronic means of instruments affecting real property. The decision by each county clerk to participate in electronic recording is discretionary. Once a county clerk permits electronic recording, the county shall accept such electronic recordings.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-291i-recording-discretionary" }, { "id": "dos-faq-papering-out", "authorityType": "agency-guidance", "tier": "official-source-backed", "title": "N.Y. Department of State, Notary Public — Frequently Asked Questions", "citation": "N.Y. Dep't of State, Notary Public — Frequently Asked Questions.", "url": "https://dos.ny.gov/notary-public-frequently-asked-questions", "proposition": "The Department of State says county clerks and other offices without electronic filing must accept paper copies of electronically notarized documents through the papering-out process.", "verbatimQuote": "Will electronically notarized documents be accepted by a county clerk or other government offices that do not have an electronic filing system? Yes, paper copies of electronically notarized documents must be accepted through the “papering out” process.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-dos-faq-papering-out" }, { "id": "rpl-291i-electronic-notarization", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 291-i(1)(c) — Electronic notarization for recording", "citation": "N.Y. Real Prop. Law § 291-i(1)(c) (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/291-I", "proposition": "Real Property Law § 291-i(1)(c) satisfies a recording requirement that an instrument be notarized or acknowledged by a digitized wet signature and seal on a digitized paper document, or by the officer's electronic signature with all required information attached to an electronic record, without a stamp image.", "verbatimQuote": "(c) where a law, rule or regulation requires, as a condition of recording, that an instrument affecting real property or a signature associated with such an instrument be notarized, acknowledged, verified, witnessed or made under oath, the signature requirement is satisfied if: (i) the digitized image of a wet signature of the person authorized to perform that act and any stamp, impression or seal required by law to be included, appears on a digitized paper document of such instrument; or (ii) the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with an electronic record of such instrument, provided, however that no physical or electronic image of a stamp, impression or seal shall be required to accompany such electronic signature.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-291i-electronic-notarization" }, { "id": "dos-li03-must-conform-recording", "authorityType": "agency-guidance", "tier": "official-source-backed", "title": "N.Y. Department of State, Legal Memorandum LI03: New Acknowledgement Forms for Notaries Public", "citation": "N.Y. Dep't of State, Legal Memorandum LI03, New Acknowledgement Forms for Notaries Public.", "url": "https://dos.ny.gov/legal-memorandum-li03-new-acknowledgement-forms-notaries-public", "proposition": "The Department of State explains that Real Property Law § 309-a sets out the acknowledgment form that must be used within New York for instruments affecting New York real property, and that since September 1, 1999 acknowledgments must conform substantially with it.", "verbatimQuote": "The Real Property Law was also amended, by the above referenced legislation, to add a new section 309-a, which sets forth the acknowledgment which must be used, within New York State, of conveyances or other instruments with respect to real property located in this State. (See Acknowledgement of Conveyance Form). As of September 1, 1999, acknowledgments must conform substantially with those contained in section 309-a.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-dos-li03-must-conform-recording" }, { "id": "rpl-309a-identity-recital-recording", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 309-a(1) — Uniform form of certificate of acknowledgment within this state", "citation": "N.Y. Real Prop. Law § 309-a(1) (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/309-A", "proposition": "The quoted portion of the Real Property Law § 309-a(1) form recites that the signer was personally known to the officer or proved on satisfactory evidence to be the person whose name is subscribed, and acknowledged executing the instrument.", "verbatimQuote": "personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. (Signature and office of individual taking acknowledgement.)", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-309a-identity-recital-recording" }, { "id": "exec-135c-certificate-statement-recording", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Exec. Law § 135-c(5)(d) — Remote online notarial certificate", "citation": "N.Y. Exec. Law § 135-c(5)(d) (2026).", "url": "https://www.nysenate.gov/legislation/laws/EXC/135-C", "proposition": "Executive Law § 135-c(5)(d) requires the remote online notarial certificate to state that the person acknowledging appeared through use of communication technology.", "verbatimQuote": "(d) The remote online notarial certificate for an electronic notarial act shall state that the person making the acknowledgement or making the oath appeared through use of communication technology.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-exec-135c-certificate-statement-recording" }, { "id": "nycrr-540-7-submitters-verification", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "9 NYCRR § 540.7(f)–(g) — Verification and registered submitters", "citation": "9 N.Y.C.R.R. § 540.7(f)–(g) (2026).", "url": "https://www.law.cornell.edu/regulations/new-york/9-NYCRR-540.7", "deepLink": "https://www.law.cornell.edu/regulations/new-york/9-NYCRR-540.7#:~:text=(f)%20A%20recording%20officer%20is,been%20electronically%20verified%20and%20authenticated.", "proposition": "9 NYCRR § 540.7(f) relieves a recording officer of verifying electronic signatures or notarizations, and § 540.7(g) limits electronic recording to registered submitters whose identity has been verified.", "verbatimQuote": "(f) A recording officer is not required to verify or authenticate electronic signatures or notarizations on an instrument affecting real property. (g) Recording officers who elect to accept electronic recording of instruments affecting real property shall accept such electronic instruments only from registered submitters whose identity has been electronically verified and authenticated.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-nycrr-540-7-submitters-verification" }, { "id": "acris-faq-since-2013", "authorityType": "agency-guidance", "tier": "official-source-backed", "title": "NYC Department of Finance, City Register's E-Recording — Frequently Asked Questions", "citation": "NYC Dep't of Fin., City Register's E-Recording — Frequently Asked Questions.", "url": "https://www.nyc.gov/site/finance/property/acris-faq.page", "proposition": "The NYC Department of Finance says customers have been able to submit documents electronically to the City Register since July 2013.", "verbatimQuote": "E-recording is the electronic submission of documents to the New York City Register’s Office. Customers have been able to submit their documents electronically since July 2013.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-acris-faq-since-2013" }, { "id": "acris-faq-boroughs", "authorityType": "agency-guidance", "tier": "official-source-backed", "title": "NYC Department of Finance, City Register's E-Recording — Frequently Asked Questions", "citation": "NYC Dep't of Fin., City Register's E-Recording — Frequently Asked Questions.", "url": "https://www.nyc.gov/site/finance/property/acris-faq.page", "proposition": "The NYC Department of Finance says one e-recording registration covers Manhattan, Brooklyn, Queens and the Bronx, while other recording offices require their own registration.", "verbatimQuote": "You only have to register once for the boroughs of Manhattan, Brooklyn, Queens, and the Bronx. However, for counties such as Nassau, Westchester, etc., you must register with each individual recording office in order to participate in e-recording.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-acris-faq-boroughs" }, { "id": "nyc-rptt-staten-island", "authorityType": "agency-guidance", "tier": "official-source-backed", "title": "NYC Department of Finance, Real Property Transfer Tax (RPTT)", "citation": "NYC Dep't of Fin., Real Property Transfer Tax (RPTT).", "url": "https://www.nyc.gov/site/finance/property/property-real-property-transfer-tax-rptt.page", "proposition": "The NYC Department of Finance says transfer tax returns for Staten Island property are filed electronically through ACRIS and in paper form with the Richmond County Clerk.", "verbatimQuote": "Section 23-09 of the Rules of the City of New York requires real property transfer tax returns for transfers of real property located in Staten Island to be filed electronically using the Automated City Register Information System (ACRIS) and in paper form which must be filed in the office of the Richmond County Clerk.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-nyc-rptt-staten-island" }, { "id": "westchester-erecording-2012", "authorityType": "agency-guidance", "tier": "official-source-backed", "title": "Westchester County Clerk, Land Records", "citation": "Westchester Cnty. Clerk, Land Records.", "url": "https://www.westchesterclerkny.gov/component/content/category/land-records", "proposition": "The Westchester County Clerk says it has accepted all land-records documents electronically since September 24, 2012.", "verbatimQuote": "As of Monday, Sept. 24, 2012, the Office of the Westchester County Clerk accepts all land records documents electronically.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-westchester-erecording-2012" }, { "id": "eighty-p2l-missing-stamp", "authorityType": "case-law", "tier": "primary-source-backed", "title": "80P2L LLC v. U.S. Bank Trust, N.A.", "citation": "80P2L LLC v. U.S. Bank Trust, N.A., 2021 NY Slip Op 03275 (1st Dep't May 25, 2021).", "url": "https://www.courtlistener.com/opinion/4887066/80p2l-llc-v-us-bank-trust-na/", "deepLink": "https://www.courtlistener.com/opinion/4887066/80p2l-llc-v-us-bank-trust-na/#:~:text=The%20parties%20do%20not%20dispute,disappear%20from%20the%20imaged%20mortgage.", "proposition": "In 80P2L LLC v. U.S. Bank Trust, N.A., the City Register's record of a mortgage bore no notary stamp, and the bank's evidence of proper acknowledgment included the original inked mortgage, the notary's affidavit, the title company's affidavit and a forensic examiner's report.", "verbatimQuote": "The parties do not dispute that the mortgage, as reflected in the records of the Office of the New York City Register, did not bear a notary stamp or any indication that the mortgage was properly acknowledged as required by Real Property Law §§ 291, 298, 309-a(1), and 333(2). However, the bank proffered evidence establishing that the mortgage was properly acknowledged when submitted for recording. This evidence included the original inked mortgage containing the notary public's information; an affidavit from the notary who affixed her notary stamp at the time; an affidavit from the title company that submitted the mortgage for recording, and an expert affidavit and report by a forensic document examiner in which he concluded that the Register's scanner could have caused the notary stamp to disappear from the imaged mortgage.", "date": "2021-05-25", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-eighty-p2l-missing-stamp" }, { "id": "eighty-p2l-constructive-notice", "authorityType": "case-law", "tier": "primary-source-backed", "title": "80P2L LLC v. U.S. Bank Trust, N.A.", "citation": "80P2L LLC v. U.S. Bank Trust, N.A., 2021 NY Slip Op 03275 (1st Dep't May 25, 2021).", "url": "https://www.courtlistener.com/opinion/4887066/80p2l-llc-v-us-bank-trust-na/", "deepLink": "https://www.courtlistener.com/opinion/4887066/80p2l-llc-v-us-bank-trust-na/#:~:text=Given%20that%20the%20mortgage%20was,469%2C%20471%20%5B1st%20Dept%202010%5D).", "proposition": "80P2L LLC v. U.S. Bank Trust, N.A. holds that a mortgage shown to have been duly acknowledged, delivered and recorded gave a later purchaser constructive notice.", "verbatimQuote": "Given that the mortgage was duly acknowledged, delivered and actually recorded, plaintiff is deemed to have constructive notice of it ( see Bank of New York v Resles , 78 AD3d 469, 471 [1st Dept 2010]).", "date": "2021-05-25", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-eighty-p2l-constructive-notice" }, { "id": "rpl-333-residences", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 333(1-a) — Residences of seller and purchaser", "citation": "N.Y. Real Prop. Law § 333(1-a) (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/333", "proposition": "Real Property Law § 333(1-a) bars recording a conveyance that does not state the residences of the seller and purchaser, without invalidating a conveyance or record that omits them.", "verbatimQuote": "1-a. After September first, nineteen hundred forty, a recording officer shall not record or accept for record any conveyance of real property executed subsequent to said first day of September, nineteen hundred forty, unless the residence of the seller and of the purchaser, including the street and street number of the residence if any there be, shall be stated therein and such residences, including street and street number if any, shall be recorded with the conveyance; provided, however, that the provisions of this subdivision shall not operate to invalidate any conveyance of real property, executed subsequent to said first day of September, nineteen hundred forty, in which the residence, including street and street number if any, of the seller and of the purchaser shall not have been stated, nor affect the record contrary to the provisions of this subdivision, nor impair any title founded on such a conveyance or record.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-333-residences" }, { "id": "rpl-333-location", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 333(1-d) — City, town and village", "citation": "N.Y. Real Prop. Law § 333(1-d) (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/333", "proposition": "Real Property Law § 333(1-d) bars recording a deed executed after September 1, 1955 that does not state the city, town and village of the land, without invalidating a deed or record that omits them.", "verbatimQuote": "1-d. After September first, nineteen hundred fifty-five a recording officer shall not record or accept for record any deed transferring title to real property executed subsequent to September first, nineteen hundred fifty-five, unless the city, town and village in which such real property is located be stated therein; provided, however, that this section shall not operate to invalidate any such deed, heretofore or hereafter executed, in which the description fails to designate the city, town and village in which the real property is located, nor affect the record of any such deed accepted for record and recorded, heretofore or hereafter contrary to the provisions of this section, nor impair any title founded on such deed or record.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-333-location" }, { "id": "rpl-333-transfer-report", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 333(1-e)(i) — Transfer report or receipt", "citation": "N.Y. Real Prop. Law § 333(1-e)(i) (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/333", "proposition": "Real Property Law § 333(1-e)(i) bars recording a conveyance of New York land unless it is accompanied by a Department of Taxation and Finance receipt or by the prescribed transfer report form and fee.", "verbatimQuote": "1-e. i. A recording officer shall not record or accept for recording any conveyance of real property affecting land in New York state unless accompanied by one of the following: (1) a receipt issued by the commissioner of taxation and finance pursuant to subdivision (c) of section fourteen hundred twenty-three of the tax law; or (2) a transfer report form prescribed by the commissioner of taxation and finance, and the fee prescribed pursuant to subdivision three of this section.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-333-transfer-report" }, { "id": "rpl-333-english-language", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 333(2) — English language", "citation": "N.Y. Real Prop. Law § 333(2) (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/333", "proposition": "Real Property Law § 333(2) bars recording a conveyance unless the conveyance, certificate and authentication are in English or accompanied by a duly executed English translation.", "verbatimQuote": "2. A recording officer shall not record or accept for record any conveyance of real property, unless said conveyance in its entirety and the certificate of acknowledgment or proof and the authentication thereof, other than proper names therein which may be in another language provided they are written in English letters or characters, shall be in the English language, or unless such conveyance, certificate of acknowledgment or proof, and the authentication thereof be accompanied by and have attached thereto a translation in the English language duly executed and acknowledged by the person or persons making such conveyance and proved and authenticated, if need be, in the manner required of conveyances for recording in this state, or, unless such conveyance, certificate of acknowledgment or proof, and the authentication thereof be accompanied by and have attached thereto a translation in the English language made by a person duly designated for such purpose by the county judge of the county where it is desired to record such conveyance or a justice of the supreme court and be duly signed, acknowledged and certified under oath or upon affirmation by such person before such judge, to be a true and accurate translation and contain a certification of the designation of such person by such judge.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-333-english-language" }, { "id": "nycrr-540-7-recording-models", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "9 NYCRR § 540.7(b) — Models of electronic recording", "citation": "9 N.Y.C.R.R. § 540.7(b) (2026).", "url": "https://www.law.cornell.edu/regulations/new-york/9-NYCRR-540.7", "deepLink": "https://www.law.cornell.edu/regulations/new-york/9-NYCRR-540.7#:~:text=(b)%20A%20recording%20officer%20who,applicable%20section%20of%20this%20Part.", "proposition": "9 NYCRR § 540.7(b) requires a recording officer that elects electronic recording to accept one or more of the models supported by the Property Records Industry Association, with additional rules for a model containing an electronic signature.", "verbatimQuote": "(b) A recording officer who elects to accept electronic recording of instruments affecting real property shall accept one or more of the models of electronic recording supported by PRIA. Recording officers who elect to accept a model containing an electronic signature shall comply with section 540.4(c) and any other applicable section of this Part.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-nycrr-540-7-recording-models" }, { "id": "acris-faq-optional", "authorityType": "agency-guidance", "tier": "official-source-backed", "title": "NYC Department of Finance, City Register's E-Recording — Frequently Asked Questions", "citation": "NYC Dep't of Fin., City Register's E-Recording — Frequently Asked Questions.", "url": "https://www.nyc.gov/site/finance/property/acris-faq.page", "proposition": "The NYC Department of Finance says electronic submission to the City Register is not required.", "verbatimQuote": "No, you are not required to submit your documents electronically. For more information on submitting your documents, visit www.nyc.gov/acris.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-acris-faq-optional" }, { "id": "westchester-scan-format", "authorityType": "agency-guidance", "tier": "official-source-backed", "title": "Westchester County Clerk, Land Records", "citation": "Westchester Cnty. Clerk, Land Records.", "url": "https://www.westchesterclerkny.gov/component/content/category/land-records", "proposition": "The Westchester County Clerk tells e-recording submitters to scan land records into PDF or TIF files.", "verbatimQuote": "You will need to be able to scan your land records to create either a PDF or TIF file. The scanned image of your submission must be clear and legible.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-westchester-scan-format" }, { "id": "acris-faq-scan-pdf", "authorityType": "agency-guidance", "tier": "official-source-backed", "title": "NYC Department of Finance, City Register's E-Recording — Frequently Asked Questions", "citation": "NYC Dep't of Fin., City Register's E-Recording — Frequently Asked Questions.", "url": "https://www.nyc.gov/site/finance/property/acris-faq.page", "proposition": "The NYC Department of Finance says filing electronically requires scanning documents into PDF files.", "verbatimQuote": "No, but to file electronically, you must be able to scan your documents into PDF files.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-acris-faq-scan-pdf" }, { "id": "rpl-333-report-items-saving", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 333(1-e)(v)(1) — Transfer report omissions do not invalidate", "citation": "N.Y. Real Prop. Law § 333(1-e)(v)(1) (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/333", "proposition": "Real Property Law § 333(1-e)(v)(1) preserves the conveyance, record and title despite omissions or errors in the report items designated in § 333(1-e)(ii)(1)–(8).", "verbatimQuote": "v. (1) The provisions of this subdivision shall not operate to invalidate any conveyance of real property where one or more of the items designated as subparagraphs one through eight of paragraph ii of this subdivision, have not been reported or which has been erroneously reported, nor affect the record contrary to the provisions of this subdivision, nor impair any title founded on such conveyance or record.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-333-report-items-saving" } ] }, { "slug": "curative-statutes", "label": "Does New York cure a deed with a defective acknowledgment or certificate?", "heading": "Does a New York statute cure a recorded deed with a defective acknowledgment or certificate?", "answerText": "Real Property Law § 306 deems a recorded conveyance duly acknowledged or proved and properly authenticated ten years after recording, saving the rights of a good-faith purchaser for value who takes from the same grantor, or the grantor's heirs or devisees, and records before the ten years run.", "sources": [ { "id": "rpl-306-ten-year-cure", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 306 — Certificate of acknowledgment or proof", "citation": "N.Y. Real Prop. Law § 306 (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/306", "proposition": "Real Property Law § 306 deems a recorded conveyance duly acknowledged or proved and properly authenticated after ten years from recording, saving the rights of a good-faith purchaser for value deriving title from the same vendor or grantor, or the grantor's heirs or devisees, whose conveyance was duly recorded within the ten years.", "verbatimQuote": "Any conveyance which has heretofore been recorded, or which may hereafter be recorded, shall be deemed to have been duly acknowledged or proved and properly authenticated, when ten years have elapsed since such recording; saving, however, the rights of every purchaser in good faith and for a valuable consideration deriving title from the same vendor or grantor, his heirs or devisees, to the same property or any portion thereof, whose conveyance shall have been duly recorded before the said period of ten years shall have elapsed.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-306-ten-year-cure" }, { "id": "gol-5-703-curative-scope", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Gen. Oblig. Law § 5-703(1) — Conveyances concerning real property required to be in writing", "citation": "N.Y. Gen. Oblig. Law § 5-703(1) (2026).", "url": "https://www.nysenate.gov/legislation/laws/GOB/5-703", "proposition": "General Obligations Law § 5-703(1) independently requires a writing subscribed by the grantor or a lawful agent authorized in writing.", "verbatimQuote": "1. An estate or interest in real property, other than a lease for a term not exceeding one year, or any trust or power, over or concerning real property, or in any manner relating thereto, cannot be created, granted, assigned, surrendered or declared, unless by act or operation of law, or by a deed or conveyance in writing, subscribed by the person creating, granting, assigning, surrendering or declaring the same, or by his lawful agent, thereunto authorized by writing.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-gol-5-703-curative-scope" }, { "id": "exec-142a-validity", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Exec. Law § 142-a(1)–(2) — Validity of acts notwithstanding certain defects", "citation": "N.Y. Exec. Law § 142-a(1)–(2) (2026).", "url": "https://www.nysenate.gov/legislation/laws/EXC/142-A", "proposition": "Executive Law § 142-a(1)–(2) saves the certificates and acts of notaries and commissioners of deeds appointed or commissioned before acting from six listed defects in the officer's status.", "verbatimQuote": "1. Except as provided in subdivision three of this section, the official certificates and other acts heretofore or hereafter made or performed of notaries public and commissioners of deeds heretofore or hereafter and prior to the time of their acts appointed or commissioned as such shall not be deemed invalid, impaired or in any manner defective, so far as they may be affected, impaired or questioned by reason of defects described in subdivision two of this section. 2. This section shall apply to the following defects: (a) ineligibility of the notary public or commissioner of deeds to be appointed or commissioned as such; (b) misnomer or misspelling of name or other error made in his appointment or commission; (c) omission of the notary public or commissioner of deeds to take or file his official oath or otherwise qualify; (d) expiration of his term, commission or appointment; (e) vacating of his office by change of his residence, by acceptance of another public office, or by other action on his part; (f) the fact that the action was taken outside the jurisdiction where the notary public or commissioner of deeds was authorized to act.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-exec-142a-validity" }, { "id": "exec-142a-knowledge-limit", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Exec. Law § 142-a(3) — Knowledge and facial defects", "citation": "N.Y. Exec. Law § 142-a(3) (2026).", "url": "https://www.nysenate.gov/legislation/laws/EXC/142-A", "proposition": "Executive Law § 142-a(3) bars a person who knew of the defect, or a defect apparent on the face of the certificate, from relying on § 142-a during the first six months after the act.", "verbatimQuote": "3. No person shall be entitled to assert the effect of this section to overcome a defect described in subdivision two if he knew of the defect or if the defect was apparent on the face of the certificate of the notary public or commissioner of deeds; provided however, that this subdivision shall not apply after the expiration of six months from the date of the act of the notary public or commissioner of deeds.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-exec-142a-knowledge-limit" }, { "id": "exec-142a-no-enlargement", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Exec. Law § 142-a(5) — No enlargement of authority", "citation": "N.Y. Exec. Law § 142-a(5) (2026).", "url": "https://www.nysenate.gov/legislation/laws/EXC/142-A", "proposition": "Executive Law § 142-a(5) provides that the section does not relieve criminal liability or enlarge an officer's actual authority.", "verbatimQuote": "5. This section does not relieve any notary public or commissioner of deeds from criminal liability imposed by reason of his act, or enlarge the actual authority of any such officer, nor limit any other statute or rule of law by reason of which the act of a notary public or commissioner of deeds, or the record thereof, is valid or is deemed valid in any case.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-exec-142a-no-enlargement" }, { "id": "dos-faq-142a-description", "authorityType": "agency-guidance", "tier": "official-source-backed", "title": "N.Y. Department of State, Notary Public — Frequently Asked Questions", "citation": "N.Y. Dep't of State, Notary Public — Frequently Asked Questions.", "url": "https://dos.ny.gov/notary-public-frequently-asked-questions", "proposition": "The Department of State's FAQ describes Executive Law § 142-a as protecting a document notarized by a person who was not commissioned as a notary.", "verbatimQuote": "Generally, section 142-a of the Executive Law provides that a document notarized by a person who was not commissioned as a notary public will not be deemed invalid because of that fact.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-dos-faq-142a-description" }, { "id": "exec-137-curative-no-invalidity", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Exec. Law § 137 — Statement as to authority of notaries public", "citation": "N.Y. Exec. Law § 137 (2026).", "url": "https://www.nysenate.gov/legislation/laws/EXC/137", "proposition": "Executive Law § 137 provides that a notary's failure to include the required statement of authority does not invalidate the official act.", "verbatimQuote": "No official act of such notary public shall be held invalid on account of the failure to comply with these provisions.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-exec-137-curative-no-invalidity" }, { "id": "rpl-333-curative-saving", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 333(1-e)(v)(1) — Transfer report omissions do not invalidate", "citation": "N.Y. Real Prop. Law § 333(1-e)(v)(1) (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/333", "proposition": "Real Property Law § 333(1-e)(v)(1) preserves the conveyance, record and title despite omissions or errors in the report items designated in § 333(1-e)(ii)(1)–(8).", "verbatimQuote": "v. (1) The provisions of this subdivision shall not operate to invalidate any conveyance of real property where one or more of the items designated as subparagraphs one through eight of paragraph ii of this subdivision, have not been reported or which has been erroneously reported, nor affect the record contrary to the provisions of this subdivision, nor impair any title founded on such conveyance or record.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-333-curative-saving" }, { "id": "rpl-244-curative-delivery", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 244 — When grant takes effect", "citation": "N.Y. Real Prop. Law § 244 (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/244", "proposition": "Real Property Law § 244 provides that a grant vests the estate conveyed only from its delivery.", "verbatimQuote": "A grant takes effect, so as to vest the estate or interest intended to be conveyed, only from its delivery; and all the rules of law, now in force, in respect to the delivery of deeds, apply to grants hereafter executed.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-244-curative-delivery" }, { "id": "rpl-333-english-curative", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 333(2) — English language", "citation": "N.Y. Real Prop. Law § 333(2) (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/333", "proposition": "Real Property Law § 333(2) bars recording a conveyance unless the conveyance, certificate and authentication are in English or accompanied by a qualifying translation, and contains no clause preserving a noncompliant recorded conveyance.", "verbatimQuote": "2. A recording officer shall not record or accept for record any conveyance of real property, unless said conveyance in its entirety and the certificate of acknowledgment or proof and the authentication thereof, other than proper names therein which may be in another language provided they are written in English letters or characters, shall be in the English language, or unless such conveyance, certificate of acknowledgment or proof, and the authentication thereof be accompanied by and have attached thereto a translation in the English language duly executed and acknowledged by the person or persons making such conveyance and proved and authenticated, if need be, in the manner required of conveyances for recording in this state, or, unless such conveyance, certificate of acknowledgment or proof, and the authentication thereof be accompanied by and have attached thereto a translation in the English language made by a person duly designated for such purpose by the county judge of the county where it is desired to record such conveyance or a justice of the supreme court and be duly signed, acknowledged and certified under oath or upon affirmation by such person before such judge, to be a true and accurate translation and contain a certification of the designation of such person by such judge.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-333-english-curative" } ] }, { "slug": "transfer-tax-forms", "label": "Which transfer-tax forms travel with a New York deed?", "heading": "Which transfer-tax and transfer-report forms travel with a New York deed?", "answerText": "Tax Law § 1409 requires the grantor and grantee to file a joint transfer tax return for each conveyance, whether or not tax is due and subject to one public-utility exception, and the return or a receipt for it must reach the recording officer before the deed is recorded.", "sources": [ { "id": "tax-1409-joint-return", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Tax Law § 1409(a)(1) — Joint return", "citation": "N.Y. Tax Law § 1409(a)(1) (2026).", "url": "https://www.nysenate.gov/legislation/laws/TAX/1409", "proposition": "Tax Law § 1409(a)(1) requires a joint return by grantor and grantee for each conveyance whether or not tax is due, except a conveyance of an easement or license to a public utility for consideration of two dollars or less clearly stated in the instrument.", "verbatimQuote": "(a) (1) A joint return shall be filed by both the grantor and the grantee for each conveyance whether or not a tax is due thereon other than a conveyance of an easement or license to a public utility as defined in subdivision two of section one hundred eighty-six-a of this chapter or to a public utility which is a provider of telecommunication services as defined in subdivision one of section one hundred eighty-six-e of this chapter, where the consideration is two dollars or less and is clearly stated as actual consideration in the instrument of conveyance.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-tax-1409-joint-return" }, { "id": "tp-584-who-files", "authorityType": "agency-guidance", "tier": "official-source-backed", "title": "N.Y. Department of Taxation and Finance, Instructions for Form TP-584 (TP-584-I) (8/25)", "citation": "N.Y. Dep't of Taxation & Fin., Instructions for Form TP-584 (TP-584-I) (8/25).", "url": "https://www.tax.ny.gov/pdf/current_forms/property/tp584i.pdf", "proposition": "The Department of Taxation and Finance instructs that Form TP-584 must be filed for each conveyance of real property from a grantor to a grantee.", "verbatimQuote": "Form TP-584 must be filed for each conveyance of real property from a grantor/transferor to a grantee/transferee.", "date": "2025-08-01", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-tp-584-who-files" }, { "id": "tp-584-nyc-city-scope", "authorityType": "agency-guidance", "tier": "official-source-backed", "title": "N.Y. Department of Taxation and Finance, Instructions for Form TP-584-NYC (8/25)", "citation": "N.Y. Dep't of Taxation & Fin., Instructions for Form TP-584-NYC (8/25).", "url": "https://www.tax.ny.gov/pdf/current_forms/property/tp584nyci.pdf", "proposition": "The Department of Taxation and Finance's instructions title Form TP-584-NYC as the combined real estate transfer tax return for the conveyance of real property located in New York City.", "verbatimQuote": "Instructions for Form TP-584-NYC TP-584-NYC-I (8/25) Combined Real Estate Transfer Tax Return, Credit Line Mortgage Certificate, and Certification of Exemption from the Payment of Estimated Personal Income Tax for the Conveyance of Real Property Located in New York City Highlights On or after May 9, 2025, conveyances of real property for open space, parks, or historic preservation purposes to any not-for-profit tax-exempt corporation operated for conservation, environmental, parks, or historic preservation purposes are exempt from the additional tax.", "date": "2025-08-01", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-tp-584-nyc-city-scope" }, { "id": "tp-584-nyc-who-files", "authorityType": "agency-guidance", "tier": "official-source-backed", "title": "N.Y. Department of Taxation and Finance, Instructions for Form TP-584-NYC (8/25)", "citation": "N.Y. Dep't of Taxation & Fin., Instructions for Form TP-584-NYC (8/25).", "url": "https://www.tax.ny.gov/pdf/current_forms/property/tp584nyci.pdf", "proposition": "The Department of Taxation and Finance instructs that Form TP-584-NYC must be filed for each conveyance of New York City real property.", "verbatimQuote": "Form TP-584-NYC must be filed for each conveyance of real property from a grantor/transferor to a grantee/transferee.", "date": "2025-08-01", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-tp-584-nyc-who-files" }, { "id": "rpl-333-transfer-report-forms", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Real Prop. Law § 333(1-e)(i) — Transfer report or receipt", "citation": "N.Y. Real Prop. Law § 333(1-e)(i) (2026).", "url": "https://www.nysenate.gov/legislation/laws/RPP/333", "proposition": "Real Property Law § 333(1-e)(i) bars recording a conveyance of New York land unless it is accompanied by a Department of Taxation and Finance receipt or by the prescribed transfer report form and fee.", "verbatimQuote": "1-e. i. A recording officer shall not record or accept for recording any conveyance of real property affecting land in New York state unless accompanied by one of the following: (1) a receipt issued by the commissioner of taxation and finance pursuant to subdivision (c) of section fourteen hundred twenty-three of the tax law; or (2) a transfer report form prescribed by the commissioner of taxation and finance, and the fee prescribed pursuant to subdivision three of this section.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rpl-333-transfer-report-forms" }, { "id": "rp-5217-pdf-only", "authorityType": "agency-guidance", "tier": "official-source-backed", "title": "N.Y. Department of Taxation and Finance, Instructions to Download Form RP-5217-PDF, Real Property Transfer Report", "citation": "N.Y. Dep't of Taxation & Fin., Instructions to Download Form RP-5217-PDF.", "url": "https://www.tax.ny.gov/pit/property/new-homebuyers/filing-rp5217.htm", "proposition": "The Department of Taxation and Finance directs filers to download and use only Form RP-5217-PDF, which is available only on its website.", "verbatimQuote": "You must download and use only this Form RP-5217-PDF. The official form is only available on our website.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rp-5217-pdf-only" }, { "id": "rp-5217-nyc-note", "authorityType": "agency-guidance", "tier": "official-source-backed", "title": "N.Y. Department of Taxation and Finance, Instructions to Download Form RP-5217-PDF, Real Property Transfer Report", "citation": "N.Y. Dep't of Taxation & Fin., Instructions to Download Form RP-5217-PDF.", "url": "https://www.tax.ny.gov/pit/property/new-homebuyers/filing-rp5217.htm", "proposition": "The Department of Taxation and Finance directs filers in New York City to use ACRIS for the transfer report, except on Staten Island, where Form RP-5217-NYC is used.", "verbatimQuote": "Note regarding New York City: For property sales in New York City, use the city’s Automated City Register Information System (ACRIS), except on Staten Island, where you should use Form RP-5217-NYC and RP-5217-NYC instructions.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-rp-5217-nyc-note" }, { "id": "nyc-rptt-acris-packet", "authorityType": "agency-guidance", "tier": "official-source-backed", "title": "NYC Department of Finance, Real Property Transfer Tax (RPTT)", "citation": "NYC Dep't of Fin., Real Property Transfer Tax (RPTT).", "url": "https://www.nyc.gov/site/finance/property/property-real-property-transfer-tax-rptt.page", "proposition": "The NYC Department of Finance says the packet of city transfer tax forms, which includes the Real Property Transfer Tax Return, must be created online through ACRIS.", "verbatimQuote": "You must create the packet of RPTT forms Online using ACRIS, the Automated City Register Information System. The NYC-RPTT packet includes: - Real Property Transfer Tax Return; - Instructions; - Registration forms for receiving bills for real estate tax, water, and sewer, and a smoke detector affidavit of compliance.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-nyc-rptt-acris-packet" }, { "id": "tax-1409-before-recording", "authorityType": "primary-law", "tier": "primary-source-backed", "title": "N.Y. Tax Law § 1409(a)(3) — Filing before recording", "citation": "N.Y. Tax Law § 1409(a)(3) (2026).", "url": "https://www.nysenate.gov/legislation/laws/TAX/1409", "proposition": "Tax Law § 1409(a)(3) requires the return to be filed with the recording officer before recording or, when the tax is paid to the commissioner, a receipt evidencing the filing and payment to be filed with the recording officer before recording.", "verbatimQuote": "(3) The return shall be filed with the recording officer before the instrument effecting the conveyance may be recorded. However, if the tax is paid to the commissioner pursuant to section fourteen hundred ten of this article, the return shall be filed with such commissioner at the time the tax is paid. In that instance, a receipt evidencing the filing of the return and the payment of tax shall be filed with the recording officer before the instrument effecting the conveyance may be recorded. The recording officer shall handle such receipt in the same manner as a return filed with the recording officer.", "date": "2026-10-06", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-tax-1409-before-recording" }, { "id": "tp-584-when-where", "authorityType": "agency-guidance", "tier": "official-source-backed", "title": "N.Y. Department of Taxation and Finance, Instructions for Form TP-584 (TP-584-I) (8/25)", "citation": "N.Y. Dep't of Taxation & Fin., Instructions for Form TP-584 (TP-584-I) (8/25).", "url": "https://www.tax.ny.gov/pdf/current_forms/property/tp584i.pdf", "proposition": "The Department of Taxation and Finance instructs that Form TP-584 is filed with the county recording officer within fifteen days after delivery of the instrument, or directly with the department if the instrument will not be recorded or will be recorded after that deadline.", "verbatimQuote": "File Form TP-584 with the recording officer of the county where the real property being conveyed is located, no later than the fifteenth day after the delivery of the instrument effecting the conveyance. However, if the instrument effecting the conveyance will not be recorded, or will be recorded later than the time required to file Form TP-584 and to pay any real estate transfer tax, file Form TP-584 and pay any real estate transfer tax due no later than the fifteenth day after the delivery of the instrument effecting the conveyance, directly with:", "date": "2025-08-01", "anchor": "https://openagreements.org/practice-guides/deed-execution/us/new-york#src-tp-584-when-where" } ] } ] } }