Posted by MikeC/NY on 12/3/06 7:52am
Msg #163596
Out of state acknowledgements
There is a discussion in another thread about attaching loose certificates when the ack wording doesn't conform to your state's requirements. I know that NY has wording to which an out-of-state ack MAY substantially comply (meaning, I think, that it is preferred but not required), but in researching the NY real property laws I found this little gem. The last sentence is what caught my attention:
§ 299-a. Acknowledgment to conform to law of New York or of place
where taken; certificate of conformity. 1. An acknowledgment or proof
made pursuant to the provisions of section two hundred ninety-nine of
this chapter may be taken in the manner prescribed either by the laws of
the state of New York or by the laws of the state, District of Columbia,
territory, possession, dependency, or other place where the
acknowledgment or proof is taken. The acknowledgment or proof, if taken
in the manner prescribed by such state, District of Columbia, territory,
possession, dependency, or other place, must be accompanied by a
certificate to the effect that it conforms with such laws.
I am not a lawyer, but this seems to say either do it our way or provide an extra certificate saying that you're conforming to your own state's laws. Has anyone outside of NY doing a signing for property in NY ever run up against this? Does anyone know whether other states have similar provisions?
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