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Burden of Proof for Impeachment of Acknowledgement

A certificate of acknowledgment on an instrument is presumed to be true and correct, until fraud is proved.[i]  The burden of proof rests always upon the party contending it is invalid.  The party must demonstrate the invalidity of the certificate by clear, cogent and convincing evidence and must produce a conviction amounting to a moral certainty that the certificate is false.[ii]  A mere preponderance of evidence is not usually sufficient to overcome the certificate.  Likewise, unsupported testimony of an interested witness is insufficient to meet the burden of proof.


[i] West v. West, 620 So. 2d 640 (Ala. 1993)

[ii] Clawson v. State ex rel. Dep’t of Pub. Safety, 2007 OK CIV APP 89 (Okla. Ct. App. 2007)


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