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Powers & Duties of Notary

A deed affecting New York real property is entirely in another language and is presented for recording with an English translation signed under oath by a translator designated by a county judge. Which statement is correct?

A

The recording officer may accept it if the other recording requirements are met.

B

The recording officer must reject it because all real-property instruments must be originally drafted in English.

C

The deed can be recorded only if the original foreign-language text is removed.

D

The notary may substitute a brief summary instead of a full translation.

Correct Answer

A. The recording officer may accept it if the other recording requirements are met.

AI Explanation

New York allows foreign-language conveyances when the translation requirements are satisfied. Real Property Law §333 permits recording if the conveyance, acknowledgment or proof, and authentication are accompanied by an English translation made by a person duly designated by the county judge or a justice of the Supreme Court and certified under oath or affirmation. Not to be confused with a casual translation by any bilingual person, which does not meet the statute.

Powers & Duties of Notary Question #296
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