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  Necessity of Acknowledgment

An acknowledgment is a formal declaration by a person or other legally recognized entity, such as a corporation, that execution of a document or instrument is his/her free act and deed.  Execution of an instrument means that it has been drafted and signed.  When a person acknowledges the execution of an instrument, he/she is stating that his/her signing of it is his/her free act or deed.  The acknowledgment is made before a person, such as a notary public, authorized by law to take an acknowledgment.  Please see specific state for details and/or differences.

Black�s Law Dictionary, Fifth Edition.


ALABAMA | ALASKA | ARIZONA | ARKANSAS | CALIFORNIA | COLORADO | CONNECTICUT | DELAWARE | FLORIDA 
 GEORGIA | HAWAII | IDAHO | ILLINOIS | INDIANA | IOWA | KANSAS | KENTUCKY | LOUISIANA | MAINE | MARYLAND 
 MASSACHUSETTS | MICHIGAN | MINNESOTA | MISSISSIPPI | MISSOURI | MONTANA | NEBRASKA | NEVADA 
 NEW HAMPSHIRE | NEW JERSEY | NEW MEXICO | NEW YORK | NORTH CAROLINA | NORTH DAKOTA | OHIO 
 OKLAHOMA | OREGON | PENNSYLVANIA | RHODE ISLAND | SOUTH CAROLINA | SOUTH DAKOTA | TENNESSEE 
 TEXAS | UTAH | VERMONT | VIRGINIA | WASHINGTON | WEST VIRGINIA | WISCONSIN | WYOMING

ALABAMA
In Alabama, an instrument may be acknowledged to be recorded.  An acknowledgment makes an instrument self-proving in court.  Alabama Code 35-4-58.

ALASKA
In Alaska, an instrument must be acknowledged to be recorded.  An acknowledgment makes an instrument self-proving in court.  Alaska Code 40.17.090.

ARIZONA
In Arizona, an instrument must be acknowledged to be recorded.  An acknowledgment makes an instrument self-proving in court.  Arizona Code 12-2261; 33-411.

ARKANSAS
In Arkansas, an instrument must be acknowledged to be recorded.  An acknowledgment makes an instrument self-proving in court.  Arkansas Code 16-47-101, 110;  18-12-201, 209.

CALIFORNIA
In California, an instrument must be acknowledged to be recorded.  An acknowledgment of an instrument constitutes prima facie evidence of the facts recited in the instrument.  Prima facie means that a fact is presumed to be true unless evidence to the contrary is shown.  California Gov�t. C 27293;  Evide. C. 1451.

COLORADO
In Colorado, an instrument may be, but need not be, acknowledged to be recorded.  An acknowledgment of an instrument is prima facie evidence of proper execution of it.  Colorado Code 38-35-101.

CONNECTICUT
In Connecticut, an instrument must be acknowledged to be recorded.  Connecticut Code 47-5.

DELAWARE
In Delaware, an instrument must be acknowledged to be recorded.  Delaware Code 29-4321 onward.

FLORIDA
In Florida, an instrument must be acknowledged to be recorded.  Florida Code 695.03.

GEORGIA
In Georgia, an instrument must be acknowledged to be recorded.  An acknowledgment does not make an instrument self-proving in court.  Georgia Code 44-2-14, 15.

HAWAII
In Hawaii, an instrument must be acknowledged to be recorded.  An acknowledgment makes an instrument self-proving in court.  Hawaii Code 502-41, 47, 50, 81.

IDAHO
In Idaho, an instrument must be acknowledged to be recorded.  Idaho Code 55-805.

ILLINOIS
In Illinois, an instrument does not need to be acknowledged to be recorded.  An acknowledgment does make an instrument self-proving in court.  Illinois Code 765-5/35.

INDIANA
In Indiana, an instrument must be acknowledged to be recorded.  Indiana Code 32-1-2-18.

IOWA
In Iowa, an instrument must be acknowledged to be recorded.  Iowa Code 558.42.

KANSAS
In Kansas, an instrument must be acknowledged to be recorded.  An acknowledgment makes an instrument self-proving in court.  Kansas Code 58-2221, 2229.

KENTUCKY
In Kentucky, an instrument must to be acknowledged to be recorded.  Kentucky Code 382.130.

LOUISIANA
In Louisiana, an instrument must be acknowledged to be recorded.  An acknowledgment makes an instrument self-proving in court.  Louisiana CC 2242, 2253.

MAINE
In Maine, an instrument must be acknowledged to be recorded.  Maine T.4, 1011-1019.

MARYLAND
In Maryland, an instrument must be acknowledged to be recorded.  An acknowledgment alone does not make an instrument self-proving in court.  The instrument also must be certified.  Maryland Real Prop. Art. 4-101;  Courts Art. 10-204.

MASSACHUSETTS
In Massachusetts, an instrument must be acknowledged to be recorded.  Massachusetts C. 183, 29-30.

MICHIGAN
In Michigan, an instrument must be acknowledged to be recorded.  An acknowledgment creates a presumption that the acknowledged instrument is valid and genuine.  Michigan CLA 565.201-.203;  600.2131.

MINNESOTA
In Minnesota, an instrument must be acknowledged to be recorded.  An acknowledgment makes an instrument self-proving in court.  Minnesota Code 507.24;  600.14.

MISSISSIPPI
In Mississippi, an instrument must be acknowledged to be recorded.  Mississippi Code 89-3-1.

MISSOURI
In Missouri, an instrument must be acknowledged to be recorded.  Missouri Code 442.010 onward; 59.330.

MONTANA
In Montana, an instrument must be acknowledged to be recorded.  Montana Code 70-21-203, 205, 207.

NEBRASKA
In Nebraska, an instrument must be acknowledged to be recorded.  An acknowledgment makes an instrument self-proving in court.  Nebraska Code 76-233-35.

NEVADA
In Nevada, an instrument must be acknowledged to be recorded.  Nevada Code 111.310, .312.

NEW HAMPSHIRE
In New Hampshire, an instrument must be acknowledged to be recorded.  New Hampshire C.477, 3.

NEW JERSEY
In New Jersey, an instrument must be acknowledged to be recorded.  An acknowledgment makes an instrument self-proving in court.  New Jersey Code 46-14-2.1.

NEW MEXICO
In New Mexico, an instrument must be acknowledged to be recorded.  New Mexico Common Law 14-14-1 onward.

NEW YORK
In New York, an instrument must be acknowledged to be recorded.  An acknowledgment of an instrument is prima facie evidence that it was executed by the person whose signature appears on it.  New York C.P.L.R. Rule 4538; R.P.L. 291.

NORTH CAROLINA
In North Carolina, an instrument must be acknowledged to be recorded.  North Carolina 47-14.

NORTH DAKOTA
In North Dakota, an instrument must be acknowledged to be recorded.  North Dakota Code 47-19-03.

OHIO
In Ohio, an instrument must be acknowledged to be recorded.  An acknowledgment makes an instrument self-proving in court.  Ohio Code 317.112; 5301.01.

OKLAHOMA
In Oklahoma, an instrument must be acknowledged to be recorded.  An acknowledgment makes an instrument self-proving in court.  Oklahoma Code 16-26, 27.

OREGON
In Oregon, an instrument must be acknowledged to be recorded.  Oregon Code 93.010, .530, .635; 86.100.

PENNSYLVANIA
In Pennsylvania, an instrument must be acknowledged to be recorded.  An acknowledgment is prima facie evidence that an instrument was property executed.   Pennsylvania Code 21-42 through 46.

RHODE ISLAND
In Rhode Island, an instrument must be acknowledged to be recorded.  An acknowledgment makes an instrument self-proving in court.  Rhode Island Code �34-12-6.

SOUTH CAROLINA
In South Carolina, an instrument must be acknowledged to be recorded.  South Carolina Code �30-5-30; 26-3-20 through 90.

SOUTH DAKOTA
In South Dakota, an instrument must be acknowledged to be recorded. South Dakota Code �43-28-2, 3, 8, 10.

TENNESSEE
In Tennessee, an instrument must be acknowledged to be recorded.  An acknowledgment makes an instrument self-proving in court.  Tennessee Code �66-22-104 onward.

TEXAS
In Texas, an instrument must be acknowledged to be recorded.  Texas Prop. Code 12.001.

UTAH
In Utah, an instrument must be acknowledged to be recorded.  An acknowledgment is prima facie evidence that the instrument was executed by the person(s) whose signature appears on it.  Utah Code 57-3-1.

VERMONT
In Vermont, an instrument must be acknowledged to be recorded.  Vermont Code 27-341.

VIRGINIA
In Virginia, an instrument must be acknowledged to be recorded.  Virginia Code 55-106, 113.

WASHINGTON
In Washington, an instrument must be acknowledged to be recorded.  Washington Code 65.04.030; 65.08.060-.070.

WEST VIRGINIA
In West Virginia, an instrument must be acknowledged to be recorded.  West Virginia Code 39-1-2.

WISCONSIN
In Wisconsin, an instrument must be acknowledged to be recorded.  Wisconsin Code 706.06, 706.07.

WYOMING
In Wyoming, an instrument must be acknowledged to be recorded.  An acknowledgment makes an instrument self-proving in court.  Wyoming Code 34-1-118, 123.

This is not a substitute for legal advice.  An attorney must be consulted.
Copyright � 2003 by LAWCHEK, LTD.

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