![]() Courts have considered defective acknowledgments in several contexts. If the acknowledgment is defective or non-existent, the conveyance or deed is valid only between the parties and is not constructive notice to a bona fidepurchaser. acknowledged the execution of the annexed deed (or mortgage, as the case may be)." IC § 32-21-2-7. (judge or justice, as the case may be) this day of _. The certificate must be in substantially the same form as the following: "Before me. The certificate of acknowledgment must be written on or attached to the deed. In Indiana, the grantor of a conveyance or mortgage of real property must acknowledge the conveyance or mortgage before it can be recorded. These principles have now been codified in the Conveyances Act, 765 ILCS 5/31, which requires that recorded, unacknowledged instruments provide constructive notice but cannot be read into evidence until the execution has been properly proven. Unacknowledged instruments serve only as notice, not as evidence of validity. ![]() The Court said that an unacknowledged and recorded instrument is constructive notice to bona fidepurchasers, but that the validity of the unacknowledged instrument must be proved under common law rules of evidence. In one case, the Illinois Supreme Court considered whether a bond that was recorded, but not acknowledged, constituted constructive notice to bona fidepurchasers. Thus, a certificate that states that the "above named mortgagor" appeared before the preparer is sufficient for this purpose. The purpose of the acknowledgment requirement is to prevent impersonation. (Grantor's statement that the deed was his act was sufficient acknowledgment.)įurthermore, the preparer of the certificate must verify the identity of the person making the acknowledgment. See also Dawson v Hayden, 67 Ill 52, 54 (1873). ![]() The court said that omission of the fact of acknowledgment rendered the acknowledgment invalid. The certificate did not state that it was an acknowledgment or that the preparer witnessed the parties execute the deed. ![]() In Short, the plaintiff claimed that the certificate of acknowledgment substantially complied with the statutory requirements. Under Illinois law, the certificate of acknowledgment must state the fact of acknowledgment. The statutory short forms of acknowledgment for individuals, corporations, partnerships, attorneys, public officers, trustees, and personal representatives are also sufficient. I certify that personally known to me to be the same person whose name(s) is (are) subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he/she/they signed and delivered the instrument as his/her/their free and voluntary act, for the uses and purposes therein set forth. In Illinois, an acknowledgment is defined in the following way: "(1) that the person acknowledging appeared before the person taking the acknowledgment (2) that he acknowledged he executed the instrument (3) that the person acknowledging executed the instrument with proper authorization and for the purpose stated and (4) that the person taking the acknowledgment either knew or had satisfactory evidence that the person acknowledging was the person named in the instrument or certificate." 765 ILCS 30/6.Ī certificate of acknowledgment must be substantially in the following form: This article identifies proper acknowledgments and explains the effect of an improper acknowledgment or a document with no acknowledgment at all. ![]() However, many deeds, mortgages, and other title documents either fail to contain any acknowledgment, or contain a defective acknowledgment. Many documents that must be signed at closing require a notary seal, which is the usual method for acknowledging a document. ![]()
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