The Secretary of State only.
The person injured.
The county clerk who records the instrument.
No one, if the certificate was authenticated.
Official source: Notary Public License Law (March 2026)
Reference: Real Property Law §330
Source checked September 7, 2026
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.
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