A person taking the acknowledgment or proof of a conveyance must endorse upon the instrument or attach a signed certificate (RPP 306). The proof must not be taken unless the officer is personally acquainted with the witness or has satisfactory evidence that he is the same person who is a subscribing witness to the conveyance (RPP 304). If an instrument is proved by a subscribing witness, the witness must state his own place of residence, and that he knew the person described in and who executed the conveyance. In New York, an acknowledgment must not be taken by any officer unless he knows or has satisfactory evidence that the person making the acknowledgment is the person described in and who executed the instrument (RPP 303). The acknowledgment of a conveyance can only be made by the person who executed it, and such proof can only be made by a witness to the execution of the instrument, who at the same time subscribed his name to the conveyance as a witness (RPP 292). The grantor's signature is required on a real estate deed in New York. The way in which the grantor holds title to real property, as well as his intentions with the transfer, will determine his method of conveyance. Further, those who are entitled to acquire or convey property may also convey or mortgage land that is held adversely: No conveyance will be void for the reason that at the time of delivery of the conveyance such real property is in the actual possession of a person claiming under a title that is adverse to that of the grantor (RPP 260). Additionally, aliens are empowered to take, hold, transmit, and dispose of real property within the state in the same manner as native born citizens, and their heirs and devises may take in the same manner as citizens (RPP 10). Any person in this state other than a minor, a mentally retarded person, or person of unsound mind, seized of or entitled to an estate or interest in real property may transfer such estate or interest by an instrument in writing (RPP 11). In New York, the capacity to hold real property and to take the same by descent, devise, or purchase is given to a citizen of the United States. The basic types of deed in New York used for a conveyance of real property are the warranty deed, general warranty deed, quitclaim deed, and fiduciary deed. The New York statutory forms offered in section 258 of the Real Property chapter are sufficient in their use as a conveyance, but it should be noted that section 258 does not invalidate or prevent the use of other forms. In the state of New York, a conveyance encompasses every instrument in writing, except a will, by which any estate or interest in real property is created, transferred, assigned, or surrendered (RPP 240). A person with the power to convey may also name himself and another person as grantees, and the conveyance will have the same effect as to whether it creates an estate in severalty, a joint tenancy, a tenancy by the entirety, or a tenancy in common, as if it were a conveyance from a stranger (RPP 240-b). This type of conveyance is used by mortgage lenders when a borrower has paid off their mortgage with the debt having been satisfied, the lender no longer has conditional claims to the property.Any person who owns real property or an interest in real property in New York which he or she has the power to convey may do so effectively by a conveyance in writing. Reconveyance deeds are used when prevailing conditions have changed and the deed needs to be "re-conveyed".Quitclaim deeds are often used for gifting title as it is a basic type of deed that simply convey that the grantor does not hold any interest in the property being transferred. The grantor of a quitclaim deed makes no assertion over the ownership or condition of the property. Quitclaim deeds are used to convey title without any covenants.Commonly used by banks on foreclosed properties, these type of conveyances hold little to no claims regarding prior ownership of the property. Bargain and sale deeds, sometimes called special warranty in other states, occur when the grantor makes assertions about the title, but the covenants in the agreement only relate to any time period in which the grantor owned the property.
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