The Acknowledgment That Said 'Known to Me' When He Wasn't
Daniel is an Iowa notary commissioned in Polk County. A title company sends him a deed for a client, Lena, who is selling Iowa farmland. The deed has a preprinted acknowledgment: 'State of Iowa, County of Polk. On this ___ day of , 20, before me personally appeared Lena Ortiz, known to me, and acknowledged that she executed the same.' Lena appears at Daniel's office in Polk County on March 4, 2025. Daniel does not personally know Lena, so he checks her Iowa driver's license and compares the photo and signature. Lena signs the deed in Daniel's presence. Daniel fills in the date but leaves the county as printed, writes 'known to me' unchanged, signs, and stamps. The deed is later rejected by the county recorder because the certificate does not match the facts. Daniel asks what went wrong and whether he can simply add a note that he checked Lena's ID.
1. Was the preprinted acknowledgment acceptable as completed? Explain the function of each statement and what Daniel should have done differently.
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The certificate was not acceptable as completed because it contained a false identity statement. An acknowledgment certificate records that the signer personally appeared, was identified by an acceptable method, and acknowledged the signature. 'Personally appeared' was true: Lena was in Daniel's office. The Polk County venue was true if the notarization occurred in Polk County. The date was true. But 'known to me' was not true; Daniel did not personally know Lena. He verified her identity with a driver's license. Daniel should have used certificate language that reflects satisfactory evidence or another permitted identification method, rather than leaving a preprinted statement that misdescribed the facts. A notary may use the statutory short form or another form that contains the required information, but the completed certificate must be accurate.
2. Can Daniel correct the certificate after the fact by adding an explanatory note or initials?
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Adding a note after the recorder has questioned the certificate is risky and usually not the right cure. A notarial certificate is a contemporaneous record of what the notary did. If Daniel writes 'I checked her ID' after the fact, he is trying to repair a certificate that already misstated the identification method. The cleaner approach is to prepare a new, accurate certificate. If the original certificate is being replaced because it misdescribed the act, the signer should appear before the notary again and acknowledge the signature, and the notary should complete the new certificate at that time. Daniel should not alter the old certificate in a way that makes it look as if the correction was made on March 4.
3. If Lena had appeared by video instead of in person, what wording changes would be required?
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The certificate would need to describe a remote notarial act, not an in-person appearance. Daniel would need to be physically located in Iowa, use a compliant remote notarization system, verify Lena's identity through the required process, and complete a certificate indicating that the act was performed by means of communication technology. Language such as 'personally appeared' should not be used without qualification because it suggests physical presence. The certificate should identify the notary's location and the fact of remote appearance as required by Iowa law and the recording system. Daniel should also keep the journal and recording records required for remote acts. The destination recorder may have additional recording requirements, so the title company should be consulted before the deed is re-executed.