Professional Documents
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A counl)' clerk may not record an "instrument conveying relll property" Prop. Cf)dfl
•
s.c. 11.001(h)
un less the instrument is (1) signed; and (2) acknowledged or sworn to by thej1'.,!!!lwr
in the presence oftwo or more subscribing witnesses or acknowledged or s~orn to Cil'. PMC. &
before and certified by an officer authorized to take acknowledgments or oaths. A Nl/»!. Code
Se".121.00/(a)
notary public is the officer most often thought of as authorize<! to take
acknowledgments hur other officers who may do so inlliude county clerks, district
clerks and judges of county courts.
In order to acknowledge a written instrument hefore one of the officers Sec. 121.01J?
S.c. 12/,110S
listed above, the grantor must appear before the officer and state that he or she
executed !he instrument for the purposes and consideration expressed therein. The This REMOVES
officer must then (l) make 11 certificate of the acknowledgment; (2) sign the Their Discretion To
certificate; and (3) selll the certificate with the certificate of office. Form II-I .elS
out the language ofan ordinary certificate ofacknowledgment. Shorter alternatives
Refuse To File
to the ordinary certificate of acknowledgments also exist
An "instrument concerning real or personal property" may be recorded only PmpertJ' (,'(ffic
s.c. 12.001(a)
if rhe in.trument haq been acknowledged (in the manner described in the two
foregoing paragraphs), sworn to with a proper jurat, or proved according to law, AGO".
Form 11-2 is the proper form for ajurat, Please note that an acknowledgment and II JAU8,l (19M)
jurat are not the same thing. "A jurat is a certificllte added to an affido.vit stllting
when, before whom, and where it was made, while an acknowledgment i. a
dec.Jaration of fallt to give it legal validity."
N01'If.: The 79th l.egislamre passed the Uniform Real Propert)' Electronic Prap. (,'mk
S"c. /5.M4(c)
RecordingAct, which addf chapt<!r J510 Ihe Property ('ode, A /'equiremenl
thai a signature be wilnes"ed, acknOWledged, notarized, verified, or made
under oalh is satisfied iffh<! electronic ,rignafur<! qf'a p<!rson authorized to