Posted by SGardTX on 3/2/07 3:55pm Msg #177936
Help!
This might be an elementary question, so please don't talk about me too bad. I notarized a warranty deed and right now as I am getting it ready for fedex, I noticed that the acknowledgement portion of the deed is wrong. There were 2 signers (male and female) and the acknowledgement only references the person and refers to that person as she. I am used to seeing the acknowledgement portion with the option to choose the correct wording. My problem is because this is a recorded document is it ok to make corrections. Thanks in advance for the help.
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Reply by BrendaTx on 3/2/07 5:10pm Msg #177947
Re: Help! JMHO -
Let me just say from my own experience and then you decide:
Choice One:
I would strike "she" neatly with one line and (again, neatly) write in "they."
Then, I would initial it...small...and neatly.
OR
Choice Two
For Texans, in all reality, I don't think you will have a problem if you leave it as is...IMHO. This happens often and is not always caught.
OR
Choice Three
Attach your own Texas-correct certificate...here is the statutory wording for our acknowledgments...just an FYI.
ACKNOWLEDGMENTS
I. Form for Ordinary Certificate of Acknowledgment
State of Texas County of _______________
Before me, (insert the name and character of the officer), on this day personally appeared ____________________, known to me (or proved to me on the oath of ______________ or through (description of identity card or other document)) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this __________ day of __________, (year). ______________________ Notary Public's Signature (Personalized Seal)
II. Short Forms A. For a natural person acting in his/her own right:
State of Texas County of _______________
This instrument was acknowledged before me on (date) by (name or names of person or persons acknowledging). ______________________ Notary Public's Signature (Personalized Seal)
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