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Powers & Duties of Notary

A buyer tries to record a deed that was signed by both parties but was never acknowledged or proved before any officer. Which answer is most accurate under Real Property Law §333?

A

The deed may be recorded because signatures alone are enough if both parties are present.

B

The deed may be recorded only after the buyer files a certificate of official character.

C

The deed should not be recorded because a conveyance must be duly acknowledged or proved and certified as prescribed.

D

The deed becomes recordable automatically after six months under Executive Law §142-a.

Correct Answer

C. The deed should not be recorded because a conveyance must be duly acknowledged or proved and certified as prescribed.

AI Explanation

Recording requires more than signatures. Real Property Law §333 provides that a conveyance of real property shall not be recorded unless duly acknowledged or proved and certified in the manner prescribed by the article. Not to be confused with Executive Law §142-a, §333 states the recording prerequisite itself.

Powers & Duties of Notary Question #206
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