Acknowledgments Taken Outside the State or in Foreign Country

Acknowledgment is a means of authenticating an instrument by obtaining a certification by a public official, usually a notary public.  The practice of taking acknowledgement provides protection against the recording of false instruments and serves as a proof that the execution of the instrument was carried out according to law.  Acknowledgments to instruments pertaining to real property may be taken in a state or country other than that in which the acknowledging party resides or the land is located.

“Many states provide for the appointment of persons residing in another state or country as commissioners for the first state for taking acknowledgments of instruments relating to property in, or to be recorded in, such other state.”  Moreover, an acknowledgment taken in another state before a commissioner appointed in the first state must be taken in conformity with the law of the first state, and not with the law of the state where it is taken.[i]  In Dodge, 109 Ga. 394, the court ruled that for the purpose of admitting to record a deed executed in another State, the attestation of a commissioner of deeds for Georgia in the other State is sufficient without a certificate verifying the official’s identity and official character.

[i] Dodge v. American Freehold Land Mortg. Co., 109 Ga. 394 (Ga. 1899)

Inside Acknowledgments Taken Outside the State or in Foreign Country