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New York Notary Law · Term

Escrow

The placing of an instrument with a depositary to be delivered to a third person when a specified event occurs.

The New York booklet defines escrow as placing an instrument in the hands of a person as a depositary who is to deliver it to a third person when a designated event occurs. It adds an old but useful observation: once established, the agreement should be unalterable.

Escrow is not itself a notarial act. It is a transactional arrangement that often appears in real-estate, financing, and business closings. That is why the term belongs in a notary glossary even though the notary may not be the escrow holder. Many documents a notary sees—deeds, mortgages, affidavits, powers of attorney—may move through escrow before being finally delivered or recorded.

Why it matters: Escrow concerns custody and conditional delivery. It should not be confused with an acknowledgment, certificate, or proof of execution, which are officer acts rather than transactional holding arrangements.

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