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Misconduct & Prohibited Acts

An officer guilty of malfeasance in taking or certifying a conveyance is liable in damages to:

A

The Secretary of State only.

B

The person injured.

C

The county clerk who records the instrument.

D

No one, if the certificate was authenticated.

Correct Answer

B. The person injured.

Detailed Explanation

Civil liability is expressly preserved. Real Property Law §330 states that an officer authorized to take or certify an acknowledgment or proof, or to record the instrument, who commits malfeasance or fraudulent practice in executing that duty is liable in damages to the person injured. Importantly, this civil remedy exists alongside possible criminal exposure for false certificates.

Misconduct & Prohibited Acts Question #192
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