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Powers & Duties of Notary

A deed written in another language is offered for recording in New York. Which statement is legally accurate?

A

It cannot be recorded unless the deed itself is rewritten entirely in English before it is signed.

B

It may be recorded if it is accompanied by a proper English translation executed and acknowledged as required, or by a translation made by a judge-designated translator and certified under oath.

C

It may be recorded if the notary personally certifies that the translation is accurate.

D

It may be recorded without any translation as long as the proper names are written in English letters.

Correct Answer

B. It may be recorded if it is accompanied by a proper English translation executed and acknowledged as required, or by a translation made by a judge-designated translator and certified under oath.

AI Explanation

Real Property Law §333 permits recording of a conveyance not in English only if it is accompanied by a proper English translation meeting the statute’s requirements. The translation may be executed and acknowledged by the persons making the conveyance, or it may be made by a person designated by a county judge or justice of the supreme court and certified under oath as a true and accurate translation. A New York notary does not get to certify the translation merely by virtue of being a notary.

Powers & Duties of Notary Question #19
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