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Judicial Proceeding

A defective certificate of acknowledgment can be corrected:

  • By execution of another instrument recognizing the validity of the prior conveyance; or
  • By a judicial action or proceeding for curing the defect.

Some states have enacted statutes governing certificate of acknowledgment.  These statutes prescribe the mode of issuance, its form and procedures, and amendment and correction of certificates.  According to certain state laws, a defective certificate of acknowledgment may be corrected by an action or proceeding brought before a court of law or equity.

However, there are states where there is no such statutory provision.  In such states, courts cannot amend or correct defective certificate of acknowledgment to correct the defect.

Similarly, certain statutes prescribe the requirements essential to the validity of a certificate of acknowledgment.  If a relevant statute lays down the requirements for a valid certificate, and there is failure to comply with those requirements, neither a court nor a tribunal exercising equity powers can dispense with such requirements laid down by the express provisions of the relevant statute.


Inside Judicial Proceeding