Also known as: certificates of acknowledgment · acknowledgment certificate · certificate of acknowledgement
Written by attorneys — see sources below.
A formal declaration by a notary public or other authorized officer confirming that a signer personally appeared and acknowledged executing a document. The declaration supplies the indicia of regularity that allows the accompanying instrument to be treated as authentic on its face.
Cody Callahan sues Cascade Manufacturing over an early termination fee. Cascade offers a lease addendum bearing Callahan's initials and a notary's signed certificate stating that Callahan appeared and acknowledged signing the addendum. Callahan objects that he never met the notary. The court overrules the objection because the certificate itself satisfies the authentication requirement.
Corinne Cho conveys a mineral interest to Crestview Holdings by deed. The deed is recorded with a certificate of acknowledgment signed by a county clerk. Years later Cho's heir claims the deed is invalid because the grantor never actually appeared before the clerk. The court holds that the facially regular certificate permits the deed to be admitted and given effect for recording purposes.
Caroline Messersmith and her nephew Frederick S. Messersmith each owned an undivided one-half interest in three sections of land in Golden Valley County, North Dakota, prior to May 7, 1946. On that date Caroline executed a quitclaim deed conveying her interest to Frederick, but the deed was not recorded until July 9, 1951. Between the execution and recording of this deed, Caroline executed an oil and gas lease to Herbert B. Smith, Jr. on April 23, 1951, which was recorded on May 14, 1951. On May 7, 1951, Caroline executed a mineral deed conveying an undivided one-half interest in the oil, gas, and other minerals to Smith for a consideration of $1,400, and this deed was recorded on May 26, 1951. Smith defaulted in the action. Seale claimed title as a purchaser without notice, actual or constructive, of plaintiff's claim. Caroline was 77 years old at the time and lived in Dickinson, while Frederick resided in Chicago. The land was not occupied as a homestead and was used for grazing by tenants. The mineral deed to Smith bore a notarial certificate of acknowledgment, but Caroline testified that no notary public appeared at her home and that she believed she was signing a royalty transfer. Smith testified that the deed was acknowledged, but the notary had no independent recollection of the event. After the transaction, Caroline wrote to Smith on May 26, 1951, offering to return the $1,400 and stating that she should have consulted her nephew, who was a half owner. The trial court found that the deeds were not procured through fraud or false representation. Frederick brought this statutory action to quiet title against Smith and Seale.
View caseYes. When a document is accompanied by a lawfully executed certificate of acknowledgment, the rules treat the document as self-authenticating. The proponent need not call the notary or any other witness solely to establish that the document is what it purports to be.
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Yes. The certificate must be lawfully executed. Discrepancies such as an expired commission number or mismatched identifying information can show that the certificate was not lawfully executed and therefore destroy self-authenticating status.
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No. The rule focuses on whether the certificate appears lawfully executed on its face. An employment connection between the notary and a party may affect weight but does not prevent the document from qualifying as self-authenticating.
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The document is admitted as authenticated. Claims of forgery go to the weight the trier of fact should give the document rather than to its threshold admissibility.
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…the defect is latent. Perhaps the most common instance of this nature arises when an instrument is placed of record bearing a certificate of acknowledgment sufficient on its face despite the fact that the statutory procedure for acknowledgment has not been followed. See Annotations 19 A.L.R. 1074; 72 A.L.R. 1039. The certificate of…