N.Y. Real Property Law 309-B – Uniform forms of certificates of acknowledgement or proof without this state
§ 309-b. Uniform forms of certificates of acknowledgement or proof without this state. 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
Terms Used In N.Y. Real Property Law 309-B
- conveyance: includes every written instrument, by which any estate or interest in real property is created, transferred, mortgaged or assigned, or by which the title to any real property may be affected, including an instrument in execution of a power, although the power be one of revocation only, and an instrument postponing or subordinating a mortgage lien; except a will, a lease for a term not exceeding three years, an executory contract for the sale or purchase of lands, and an instrument containing a power to convey real property as the agent or attorney for the owner of such property. See N.Y. Real Property Law 290
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: as used in this article , includes lands, tenements and hereditaments and chattels real, except a lease for a term not exceeding three years. See N.Y. Real Property Law 290
) 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. (Signature and office of individual taking acknowledgement.)
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. (Signature and office of individual taking proof.)
3. No provision of this section shall be construed to:
(a) modify the choice of laws afforded by sections two hundred ninety-nine-a and three hundred one-a of this article pursuant to which an acknowledgement or proof may be taken;
(b) modify any requirement of section three hundred seven of this article;
(c) modify any requirement for a seal imposed by subdivision one of section three hundred eight of this article;
(d) modify any requirement concerning a certificate of authentication imposed by section three hundred eight, three hundred eleven, three hundred twelve, three hundred fourteen, or three hundred eighteen of this article; or
(e) modify any requirement imposed by any provision of this article when the certificate of acknowledgment or proof purports to be taken in the manner prescribed by the laws of another state, the District of Columbia, territory, possession, or foreign country.
4. A certificate of an acknowledgement or proof taken under section three hundred of this article shall include the additional information required by that section.
5. For the purposes of this section, the term "person" means a person as defined in subdivision four of section three hundred nine-a of this article.
6. The inclusion within the body (other than the jurat) of a certificate of acknowledgment or proof made under this section of the city or other political subdivision and the state or country or other place the acknowledgment was taken shall be deemed a non-substantial variance from the form of a certificate authorized by this section.