Defective Acknowledgment Cure Information
Common acknowledgment defects include: missing or expired notary commission, notary failed to identify the signer (the acknowledgment does not state that the signer was personally known or produced identification), incorrect date (the acknowledgment date does not match the execution date), missing notary seal or stamp, and the signer did not appear before the notary (the notary acknowledged the document remotely without proper authorization). Cure methods: re-execution (the parties execute a new document with a proper acknowledgment), corrective affidavit (the notary or the parties execute an affidavit correcting the defect), and curative statute (Florida's curative statutes may validate certain defective acknowledgments after a specified period).
Florida Legal Definition
Defective acknowledgments in Florida are addressed by: Florida Statutes §695.03 (Acknowledgment Requirements), §695.04 (Curative Statute), and §117.05 (Notary Public). Under §695.03: instruments must be acknowledged before a notary to be recordable. Under §695.04: an instrument recorded with a defective acknowledgment is validated after 5 years (the curative statute heals the defect). Under §117.05: the notary must: verify the identity of the signer (by personal knowledge or satisfactory identification), complete the acknowledgment form (including: the notary's signature, seal, and commission expiration date), and the acknowledgment must be made at the time of signing (the notary must be physically present with the signer, unless using remote online notarization under §117.265).
How It's Used in Practice
Attorneys cure defective acknowledgments in title examination. The attorney: identifies the defect during the title search, evaluates the cure options (re-execution, corrective affidavit, or waiting for the curative statute), obtains the re-execution or corrective instrument (recording the correction in the official records), and advises the title company (confirming the defect has been cured). The attorney advises: the 5-year curative statute (§695.04) will automatically heal most acknowledgment defects; however, if the transaction cannot wait 5 years, a re-execution or corrective affidavit is needed.
Key Takeaways
- Defective acknowledgment: missing notary info, wrong date, or no seal.
- §695.04: curative statute heals defects after 5 years.
- Cure: re-execution, corrective affidavit, or wait for curative period.
- §117.05: notary must verify signer identity.
- Remote online notarization authorized under §117.265.
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Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC