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Powers & Duties of Notary

Under RPL §330, who may be liable in damages for malfeasance in taking or recording a conveyance?

A

Only the grantor.

B

Only the county clerk.

C

Any officer authorized to take or certify the acknowledgment or to record it who is guilty of malfeasance or fraud.

D

No one, because recording cures acknowledgment defects.

Correct Answer

C. Any officer authorized to take or certify the acknowledgment or to record it who is guilty of malfeasance or fraud.

AI Explanation

Real-property malfeasance has a damages remedy. Real Property Law §330 states that an officer authorized to take or certify an acknowledgment or proof, or to record it, who is guilty of malfeasance or fraudulent practice in performing a duty imposed by law is liable in damages to the injured person. Unlike Executive Law §142-a, this section addresses liability for wrongful conduct rather than curative effect of defects.

Powers & Duties of Notary Question #138
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