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For an acknowledgment, the document does not have to be signed in the Notarys presence; however, the signer must appear before the Notary at the time of notarization to acknowledge having signed the document.A document could have been signed a hour before, a week before, a year before, etc.You must be able to communicate directly with your signer. Effective September 23, 2012, recording officers (County Clerks) may receive and record digitized paper documents and electronic records affecting real property, (ie: deeds, mortgages, notes and accompanying documents).In NYS, a self proving Will may require the signatures of the witnesses to be notarized.(The attestation clause is the statement at the end of the will wherein the witnesses certify that the document was executed before them (NPLL, Professional Conduct, Restrictions and Violations)or has an affect (such as the transferring, terminating, legal right, interest, obligation or status) of any written instrument which represents a legal document, commercial paper, public record (including those to be filed in or with a public office or servant) or official instrument created by a public office, servant or government.(ie: creating a false deed) When a Public Servant (an officer authorized by law to make such official instruments) intentionally issues the instrument knowing that it contains false information.as long as the signer makes personal appearance before the Notary with the signed document at the time of notarization to admit that the signature is his or her own.(However, for a jurat notarization, requiring an oath, the document usually must be signed in the presence of a Notary.
Therefore, if they need to serve you with papers requesting a court appearance for a document you notarized and you no longer reside at the location they have on file, you cannot assert that as a defense as to why you did not show up at court.Proof should not be taken unless the above is established and you are personally acquainted with such witness or you have satisfactory evidence to believe that he/she is the same person who was a sub. An appropriate situation where an owner cannot be presented on the sale or purchase of property would be the use of a "Power of Attorney" or " Attorney in Fact".Unless accompanied by and attached thereto a translation in the English language duly executed and acknowledged by the person making such conveyance and proved and authenticated, in the manner required of conveyances for recording in this state Unless accompanied by and attached thereto a translation in the English language made by a person duly designated for such purpose, by the county judge or a justice of the supreme court - and be duly signed, acknowledged and certified under oath or upon affirmation by such person before such judge, to be a true and accurate translation and contain a certification of the designation of such person by such judge of the county where it is desired to record such conveyance Effective September 23, 2012, recording officers (County Clerks) may receive and record digitized paper documents and electronic records affecting real property, (ie: deeds, mortgages, notes and accompanying documents).n addition, you cannot notarize for an individual whom you cannot communicate with due to a language barrier and therefore, a third party translator is present.The acknowledgement or proof of conveyance of real property located in NYS or any other type of written instrument where a woman is named solely as the owner of such instrument may contain only the married womans signature.Many years ago woman were prohibited from transferring property, even if solely named, without her husband signing the deed in conjunction with her signature (even when husband was not named on the property).