Families transfer property for all kinds of reasons: a parent adding a child to the deed, a home going into a trust, a spouse coming off title after a divorce. Whatever the reason, the deed only works if it's signed and acknowledged correctly. Then it has to be recorded.
A notary's part is short but important. Here's how to make it go smoothly.
What the notary does, and what they don't
At the signing, we confirm each signer's identity with photo ID, watch them sign, and complete the New York acknowledgment on the deed. That acknowledgment is what lets the City Register accept the deed for recording.
What a notary can't do is choose the type of deed, draft it, or tell you whether a transfer is a good idea. A notary is not an attorney and can't give legal advice. Questions about taxes, Medicaid planning or how title should be held belong with a real estate or estate planning attorney before the signing.
Who needs to sign
The people giving up or sharing ownership (the grantors) sign the deed. If two people are on the current deed, both usually need to sign. Every signer has to appear in person, with ID, at the same appointment or at separate ones.
The transfer tax forms that go with an NYC deed are prepared in ACRIS, the city's recording system. Some of them need signatures from the people receiving the property too. Your attorney or title company will tell you which pages each person signs.
What to have ready
- A valid, unexpired photo ID for every signer. Driver's license, state ID or passport.
- The deed, unsigned. Don't sign ahead of time. The signature has to happen in front of the notary.
- Names that match. The name on the deed should match the signer's ID and the ACRIS forms. A missing middle initial or an old married name can get a deed rejected at recording.
- The ACRIS forms and any instructions from your attorney, including which certificate to use if a signer is outside New York.
- A plan for the originals. Know who is taking the signed deed to be recorded, and how.
Signing at home, in the hospital or in a nursing home
Many family transfers happen when a parent is older or unwell. We regularly come to homes, hospital rooms and nursing homes for these signings. The signer must be alert, able to confirm who they are, and understand that they're signing a deed. If they can't, the notary has to stop. So try to schedule for the time of day your loved one is most clear. Our hospital and nursing home checklist has more tips.
After the signing: recording and protecting the deed
A signed deed isn't on the public record until it's recorded. In Manhattan, Brooklyn, Queens and the Bronx, deeds are recorded with the City Register through ACRIS. Staten Island deeds go to the Richmond County Clerk.
Once the deed is recorded, protect it. Deed theft is a real problem in Brooklyn, and seniors are targeted most. The NYC Department of Finance offers free alerts by email, text or mail whenever a deed or mortgage is recorded against your property. Sign up through the "Recorded Document Notification" link at nyc.gov/acris. You'll need your borough, block and lot number, which is on your property tax bill.
A few more habits help:
- Never sign a deed or "paperwork to save your house" that you don't fully understand, especially from someone who approached you first.
- Call the Department of Finance if your property tax bills stop arriving.
- If you think a deed was filed without your consent, act quickly. You can report it to the NYC Sheriff's Office at (718) 707-2100 or through nyc.gov/deedfraud.
Ready to sign?
Call or text with the number of signers, where they are, and when your attorney needs the deed back. We'll confirm a time and come to you, anywhere in Brooklyn and the five boroughs.
