The Deed With a Missing Certificate Element
Ravi is asked to notarize a quitclaim deed for a client, Mr. Okafor. Mr. Okafor appears in person, is identified by a current Arizona driver's license, and signs in Ravi's presence. Ravi prepares an acknowledgment certificate. The certificate reads: 'State of Arizona, County of Maricopa. On this day personally appeared Mr. Okafor, who acknowledged to me that he executed the same for the purposes therein contained.' It omits the date of the notarial act, does not name the notary, and does not include the notary's commission expiration. Ravi's seal is a stamp with his name, 'Notary Public - State of Arizona,' and his commission expiration. A title company later rejects the deed.
1. Identify what is missing or defective in the certificate and explain why the title company may reject it.
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The acknowledgment certificate is missing required elements: (1) the date of the notarial act ('On this day' is not a date); (2) the notary's name as the officer taking the acknowledgment; and (3) the notary's commission expiration, which is typically part of the required certificate or seal information. The certificate also should clearly identify the person appearing and the capacity, and should be complete on its face. A title company may reject because an incomplete certificate fails to show when the act occurred and who performed it, undermining recordability and enforceability. The seal alone does not cure a defective certificate body.
2. What should Ravi do to correct the situation, and what must he avoid?
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Ravi should prepare a complete, accurate certificate that includes the date of the actual notarial act, his name, his commission expiration, the county, and the acknowledgment language, and he should attach or re-execute it consistent with the facts - but only if Mr. Okafor appears again or the correction is handled in a way that does not falsely certify a new appearance. He must not backdate the certificate to the original date if he is executing it later, and he must not alter the existing certificate to imply an act that did not happen. If the original act was properly performed and only the paperwork was incomplete, the safest path is a corrected certificate executed with the signer's appearance or as permitted by law, with a truthful date. He must avoid creating a false record or using his seal to validate an incomplete certificate.