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Powers & Duties of Notary

Under Real Property Law §330, an officer guilty of malfeasance in taking or certifying a conveyance acknowledgment is liable in damages to:

A

The county clerk only

B

The secretary of state only

C

The person injured

D

Any later purchaser whether injured or not

Correct Answer

C. The person injured

AI Explanation

Section 330 creates a damages remedy for the injured party. Real Property Law §330 says that an officer authorized to take or certify a proof or acknowledgment who is guilty of malfeasance or fraudulent practice in performing such duties is liable in damages to the person injured. For contrast, Real Property Law §333 addresses recordability issues, not damages for malfeasance.

Powers & Duties of Notary Question #308
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