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Powers & Duties of Notary

An officer guilty of malfeasance or fraudulent practice in taking or certifying a conveyance acknowledgment is:

A

Automatically immune after six months

B

Liable in damages to the injured person

C

Subject only to a warning by the county clerk

D

Required merely to refund the $2 fee

Correct Answer

B. Liable in damages to the injured person

Detailed Explanation

The Real Property Law provides a civil-damages remedy. Real Property Law §330 states that an officer authorized to take or certify an acknowledgment or proof, or to record the instrument, who is guilty of malfeasance or fraudulent practice is liable in damages to the person injured. For contrast, this remedy exists alongside, not instead of, any criminal or disciplinary consequences.

Powers & Duties of Notary Question #273
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