I realize we may be splitting hairs here but for the record,
neither notarization nor recording a document with the county clerk has an effect on its legality. In fact, not even real estate documents are REQUIRED to be notarized or recorded. The sole purpose for recording is to make the document a matter of public record thereby giving notice to all third parties.
I know.....way too much information.
i'm sorry, but this is just not true. are you an attorney? i'm sorry to sound mean, but i really hope you are not.
you are correct in the fact that NO document whatsoever is required to be notarized, however, if you would like for them to be considered real and enforceable, then some documents must be notarized. these types of documents would include anything such as wills, powers of attys, affidavits, contracts, etc. these documents are pertaining to someone giving up/delegating a personal right they naturally hold either now or in the future (wills/pwrs of atty); written sworn testimony (affidavits) - replaces personal testimony in a court of law, thus the signature on that document affirming the person named in the document is the person who actually signed the document; contract - a document that is creating some sort of obligation for each party and again the person who is being bound by this obligation must sign the document affirming they actually agree to be bound by this agreement. again, this signature would have to be authenticated since it would create chaos to allow anyone to enter into contracts in various individuals names - this includes any real estate document concerning mortgages, other liens, etc.
some documents, such as wills, don't have to be recorded with the court, but must be probated upon the death of said person. there is no requirement in the way any will is written, but there are certain requirements if you would like for the court to enforce the document. most wills are notarized in order to eliminate any question of validity and make the probate process as smooth as possible, but there are always the wills that people have kept in their nightstand for 30 yrs that will appear once someone has died and are not notarized. many of these wills are immediately deemed invalid based on the fact that one of the witnesses to the signature of the will is an interested party (family member or beneficiary of will) and this is not allowed. if the will passes this hurdle, then you move on to the next step where you attempt to locate the witnesses and begin the authentication process that way, but that is not a fun process.
then there are documents that may not need to be notarized, but they MUST be recorded/filed with the court. these would include certain documents pertaining to real property, such as a homestead exemption claim.
then there are documents that must be notarized AND filed with the court to be considered valid and these would include way too many things to name, but sticking with the probate/estate theme - documents concerning the opening of an estate for someone who died intestate (w/o a will). there are too many documents to name just in this one instance that have the dual requirement, but one would be a claim against the estate. in order to have a valid claim against an estate such as this, you would have to file a notarized claim with the probate court. now, in the us probate law varies from state to state regarding property division should someone die w/o a will, but this type of document would have the same requirements to be considered valid throughout the us.
if you think you know too much info on this topic, you may need to brush up a little........sorry about that.
**keep in mind I do not get out much and have an awful memory
