Tuesday, May 8, 2012

Notarized Signatures in Texas

Ever wonder why certain legal documents have to be notarized?

Well, a deed conveying real property must be notarized (or "acknowledged, sworn to with a proper jurat, or proved according to law") in order to be recorded in the real property records of the appropriate county, as required by Section 12.001 of the Texas Property Code.

So what is the proper form of acknowledgment to be used by a notary public (or other appropriate officer)?

That is covered in Chapter 121 of the Texas Civil Practice and Remedies Code ("TCPRC").

Personally, I prefer to use the short form acknowledgment which is authorized by Section 121.008 of the TCPRC and reads as follows (assuming the signatory is a natural person):

"State of Texas
County of ________

This instrument was acknowledged before me on (date) by (name or names of person or persons acknowledging).

(Signature of officer)
(Title of officer)
My commission expires: ________"

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