Difference between revisions of "Acknowledgments in Missouri"

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==Overview==
 
==Overview==
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==Sources==
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* Section 442.010 et seq - Conveyances
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* Section 486.100 et seq - Notaries
  
 
==Purpose==
 
==Purpose==
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'''MO Rev Stat § 442.240.'''
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'''Such instrument, filed for record, to impart notice.'''
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442.240. Every such instrument which has been filed for record or recorded in the proper office, although such filing or recording may not have been in accordance with any law in force, shall hereafter impart the same notice as if the same had been filed or recorded in accordance with law; and all such deeds hereafter filed or recorded shall, from the time of filing or recording the same, impart the same notice as if the same had been acknowledged or proved and filed or recorded in accordance with the laws regulating the acknowledgment or proof of such instruments executed within this state.
  
 
==Forms==
 
==Forms==
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'''MO Rev Stat § 442.160.'''
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2. Such officer shall certify the act, stating the time and place thereof, over his signature, setting forth his grade, serial number, branch of service (army, navy, etc.), and permanent mailing address. If such officer shall omit from his certificate the place thereof, serial number, branch of service, and permanent mailing address, or any of them, it shall be deemed to have been done for reasons of security and shall not invalidate such certificate. The signature of any such officer, together with his grade, shall be prima facie evidence of his authority.
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3. Any form of acknowledgment complying with the requirements of this section may be used, and the following form shall be taken to satisfy all requirements of this section:
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With the Armed Forces )
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of the United States ) ss
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at ................................... )
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On this ............ day of ............, A.D. 20.., before me, a commissioned officer of the armed forces of the United States, on active duty therewith, personally appeared ..............., a member of the armed forces of the United States, on active duty therewith, (and ................, (his wife, her husband),) to me known to be the person described in and who executed the foregoing instrument, and acknowledged that ................ executed the same as ........... free act and deed. (The said .............. declared ............. to be single and unmarried.)
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IN TESTIMONY WHEREOF, I have hereunto set my hand and grade (serial number, branch of service, and permanent mailing address).
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(Signature) Serial Number
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............................................................. .................................
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(Grade) (Branch of Service: Army, Navy, etc.)
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............................................................. .................................
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(Permanent mailing address)
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............................................................. .................................
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'''MO Rev Stat § 442.180.'''
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'''Certificate to be endorsed on conveyance.'''
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442.180. Every court or officer taking the proof or acknowledgment of any conveyance or instrument of writing affecting real estate, or the relinquishment of the dower of a married woman, shall grant a certificate thereof, and cause the same to be endorsed on such conveyance or instrument of writing.
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'''MO Rev Stat § 442.190.'''
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'''Certificate, how made.'''
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442.190. Such certificate shall be
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(1) When granted by a court, under the seal of the court;
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(2) When granted by the clerk of the court, under the hand of the clerk and seal of the court of which he is clerk;
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(3) When granted by an officer who has a seal of office, under the hand and official seal of such officer;
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(4) When granted by an officer who has no seal of office, under the hand of such officer.
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'''MO Rev Stat § 442.210.'''
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'''Certificate of acknowledgment--contents.'''
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442.210. 1. The certificate of acknowledgment shall state the act of acknowledgment, and that the person making the same was personally known to at least one judge of the court, or to the officer granting the certificate, to be the person whose name is subscribed to the instrument as a party thereto, or was proved to be such by at least two witnesses, whose names and places of residence shall be inserted in the certificate; and the following forms of acknowledgment may be used in the case of conveyances or other written instruments affecting real estate; and any acknowledgment so taken and certificate shall be sufficient to satisfy all requirements of law relating to the execution or recording of such instruments (begin in all cases by a caption, specifying the state and place where the acknowledgment is taken):
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(1) In case of natural persons acting in their own right
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On this ... day of ..., 20.., before me personally appeared A B (or A B and C D), to me known to be the person (or persons) described in and who executed the foregoing instrument, and acknowledged that he (or they) executed the same as his (or their) free act and deed.
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(2) In the case of natural persons acting by attorney
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On this ... day of ..., 20.., before me personally appeared A B, to me known to be the person who executed the foregoing instrument in behalf of C D, and acknowledged that he executed the same as the free act and deed of C D.
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(3) In the case of corporations or joint stock associations
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On this ... day of ..., 20.., before me appeared A B, to me personally known, who, being by me duly sworn (or affirmed) did say that he is the president (or other officer or agent of the corporation or association), of (describing the corporation or association), and that the seal affixed to foregoing instrument is the corporate seal of said corporation (or association), and that said instrument was signed and sealed in behalf of said corporation (or association) by authority of its board of directors (or trustees), and said A B acknowledged said instrument to be the free act and deed of said corporation (or association).
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2. In case the corporation or association has no corporate seal, omit the words "the seal affixed to said instrument is the corporate seal of said corporation (or association), and that", and add at the end of the affidavit clause the words "and that said corporation (or association) has no corporate seal".
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3. (In all cases add signature and title of the officer taking the acknowledgment.)
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4. When a married woman unites with her husband in the execution of any such instrument, and acknowledges the same in one of the forms above sanctioned, she shall be described in the acknowledgment as his wife, but in all other respects her acknowledgment shall be taken and certified as if she were sole; and no separate examination of a married woman in respect to the execution of any release or dower, or other instrument affecting real estate, shall be required.
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'''MO Rev Stat § 486.330.'''
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'''Form of acknowledgments.'''
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486.330. Except as otherwise provided in section 442.210, certificates of acknowledgment shall be in print not smaller than eight-point type and in substantially the following form:
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(1) By an Individual.
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State of ........., County (and/or City) of ..........
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On this .............. day of ............ in the year ............ before me, .............. (name of notary), a Notary Public in and for said state, personally appeared ......... (name of individual), known to me to be the person who executed the within ............ (type of document), and acknowledged to me that .......... (he/she) executed the same for the purposes therein stated.
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(2) By a Partner.
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State of ........., County (and/or City) of ..........
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On this ........... day of ........... in the year .......... before me, ............ (name of notary), a Notary Public in and for said state, personally appeared ............... (name of partner) of ............ (name of partnership), known to me to be the person who executed the within ............. (type of document) in behalf of said partnership and acknowledged to me that he or she executed the same for the purposes therein stated.
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.............. (official signature and official seal of notary)
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(3) By a Corporate Officer.
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State of ............, County (and/or City) of ............
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On this ............ day of .......... in the year .......... before me, ............ (name of notary), a Notary Public in and for said state, personally appeared .......... (name of officer), .......... (title of person, president, vice president, etc.), ............ (name of corporation), known to me to be the person who executed the within ............ (type of document) in behalf of said corporation and acknowledged to me that he or she executed the same for the purposes therein stated.
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.............. (official signature and official seal of notary)
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(4) By an Attorney in Fact for Principal or Surety.
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State of ............, County (and/or City) of ..............
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On this .......... day of ..........., in the year ........... before me, ............ (name of notary), a Notary Public in and for said state, personally appeared .............. (name of attorney in fact), Attorney in Fact for ............ (name of principal or surety), known to me to be the person who executed the within ......... (type of document) in behalf of said principal (or surety), and acknowledged to me that he or she executed the same for the purposes therein stated.
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.............. (official signature and official seal of notary)
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(5) By a Public Officer, Deputy, Trustee, Administrator, Guardian or Executor.
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State of ............, County (and/or City) of .............
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On this .......... day of ..........., in the year .........., before me ............ (name of notary), a Notary Public in and for said state, personally appeared ........... (name of person), ........., (person's official title) known to me to be the person who executed the within ............. (type of document) in behalf of .............. (public corporation, agency, political subdivision or estate) and acknowledged to me that he or she executed the same for the purposes therein stated.
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.............. (official signature and official seal of notary)
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(6) By a United States Citizen Who is Outside of the United States. (description or location of place where acknowledgment is taken)
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On this .......... day of .........., in the year ........, before me ............. (name and title of person acting as a notary and refer to law or authority granting power to act as a notary), personally appeared .......... (name of citizen) known to me to be the person who executed the within ........ (type of document) and acknowledged to me that ............ (he/she) executed the same for the purposes therein stated.
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............. (official signature and official seal of person acting as a notary and refer to law or authority granting power to act as a notary)
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(7) By An Individual Who Cannot Write His or Her Name.
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State of ............, County (and/or City) of .............
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On this ............ day of .......... in the year .........., before me ........... (name of notary), a Notary Public in and for said state, personally appeared ............ (name of individual), known to me to be the person who, being unable to write his or her name, made his or her mark in my presence. I signed his or her name at his or her request and in that person's presence on the within .......... (type of document) and he or she acknowledged to me that he or she made his or her mark on the same for the purposes therein stated.
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.............. (official signature and official seal of notary)
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(8) By a Manager or Member.
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State of ............, County (and/or City) of .............
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On this .......... day of .......... in the year .......... before me, ............ (name of notary), a Notary Public in and for said state, personally appeared .............. (name of manager or member) of .......... (name of limited liability company), known to me to be the person who executed the within .......... (type of document) in behalf of said limited liability company and acknowledged to me that he or she executed the same for the purposes therein stated.
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.............. (official signature and official seal of notary)
  
 
==Officials==
 
==Officials==
  
−
MO Rev Stat § 442.150.
+
'''MO Rev Stat § 442.150.'''
  
 
'''Proof or acknowledgment, by whom taken.'''
 
'''Proof or acknowledgment, by whom taken.'''
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(3) If acknowledged or proved without the United States, by any court of any state, kingdom or empire having a seal or the mayor or chief officer of any city or town having an official seal or by any minister or consular officer of the United States or notary public having a seal.
 
(3) If acknowledged or proved without the United States, by any court of any state, kingdom or empire having a seal or the mayor or chief officer of any city or town having an official seal or by any minister or consular officer of the United States or notary public having a seal.
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'''MO Rev Stat § 442.160.1.'''
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'''Acknowledgments of instruments by persons in military service--form--instruments previously acknowledged validated, when.'''
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1. Any commissioned officer, other than a commissioned warrant officer, of any of the armed forces of the United States, whether or not on active duty, may take proof or acknowledgment of any instrument in writing, of any member of any of the armed forces of the United States, whether or not on active duty, with like effect as if the same were taken within the state of Missouri by a notary public. If any instrument in writing so acknowledged by such member of the armed forces of the United States be of such a nature as to require a joint or separate acknowledgment of his or her spouse, such officers may take the acknowledgment of such spouse.
  
 
==Defects==
 
==Defects==
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'''MO Rev Stat § 442.155.3.'''
 
'''MO Rev Stat § 442.155.3.'''
  
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3. Any such proof or acknowledgment heretofore taken by any such officer of any instrument in writing not affecting real estate and which proof or acknowledgment was taken in conformity with the then existing law providing for the proof or acknowledgment of conveyances or other instruments in writing affecting real estate, are hereby validated and legalized for all purposes from and after the effective date of this section. It shall not be necessary to rerecord any such instrument.  
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3. Any such proof or acknowledgment heretofore taken by any such officer of any instrument in writing not affecting real estate and which proof or acknowledgment was taken in conformity with the then existing law providing for the proof or acknowledgment of conveyances or other instruments in writing affecting real estate, are hereby validated and legalized for all purposes from and after the effective date of this section. It shall not be necessary to rerecord any such instrument.
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Passed in 1951 and only validates acknowledgements taken on forms that were legally valid prior to that at the time the acknowledgments were taken.  MO Rev Stat § 442.155 (2015).
  
 
(L. 1951 p. 751 1, 2, 3)
 
(L. 1951 p. 751 1, 2, 3)
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* [FN1] - Acknowledgments of instruments by persons in military service
 
* [FN1] - Acknowledgments of instruments by persons in military service
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'''MO Rev Stat § 442.030.'''
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Passed in 1939 and only validates acknowledgements for Deeds of Trust that has been recorded for more than one (1) year prior to the passage of the act except in the case of fraud.  MO Rev Stat § 443.030 (2015).
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==Verification==
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'''MO Rev Stat § 442.200.'''
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'''Identity of persons making acknowledgments, how ascertained.'''
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442.200. No acknowledgment of any instrument in writing conveying real estate, or whereby any real estate may be affected, shall be taken, unless the persons offering to make such acknowledgment shall be personally known to at least one judge of the court, or to the officer taking the same, to be the person whose name is subscribed to such instrument as a party thereto, or shall be proved to be such by at least two credible witnesses.
  
 
==Witnesses==
 
==Witnesses==
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Witness are not required for an acknowledgment, but subscribing witnesses can be used to prove execution of a document in the absence of an acknowledgment.
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'''MO Rev Stat § 442.260.'''
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'''Proof of execution of instruments.'''
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442.260. The proof of the execution of any instrument in writing, conveying real estate, or whereby any real estate may be affected in law or equity, shall be:
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(1) By the testimony of a subscribing witness; or
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(2) When all the subscribing witnesses are dead or cannot be had, by evidence of the handwriting of the party, and of at least one subscribing witness, given by at least two credible witnesses to each signature.
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'''MO Rev Stat § 442.270.'''
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'''When proof of subscribing witness shall be taken.'''
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No proof by a subscribing witness shall be taken, unless such witness shall be personally known to at least one judge of the court, or to the officer taking the proof, to be the person whose name is subscribed to the instrument as a witness thereto or shall be proved to be such by at least two credible witnesses.
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'''MO Rev Stat § 442.280.'''
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'''What subscribing witness shall prove before certificate shall be granted.'''
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No certificate of such proof shall be granted, unless such subscribing witness shall prove that the person whose name is subscribed thereto as a party is the person who executed the same; that such person executed the instrument, and that such witness subscribed his name as a witness thereof.
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'''MO Rev Stat § 442.290.'''
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'''What facts certificate of proof shall set forth.'''
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The certificate of such proof shall set forth the following matters:
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(1) The fact that such subscribing witness was personally known to at least one judge of the court, or to the officer granting the certificate, to be the person whose name is subscribed to such instrument as a witness thereto or was proved to be such by at least two witnesses, whose names and places of residence shall be inserted in the certificate;
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(2) The proof given by such witnesses of the execution of such instrument, and of the facts that the person whose name is subscribed to such instrument as party thereto is the person who executed the same, and that such witness subscribed his name to such instrument as a witness thereof.
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'''MO Rev Stat § 442.300.'''
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'''Proof, when grantor and witnesses are dead.'''
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442.300. No proof, by evidence of the handwriting of the party and of a subscribing witness, shall be taken, unless the court or officer taking the same shall be satisfied that all the subscribing witnesses to such instrument are dead or cannot be had to prove the execution thereof.
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'''MO Rev Stat § 442.310.'''
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'''Certificate of proof, when granted.'''
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No certificate of any such proof shall be granted, unless at least two credible witnesses shall state, on oath or affirmation, that they personally knew the person whose name is subscribed thereto as a party, well know his signature, stating their means of knowledge, and believe the name of the person subscribed thereto as a party was subscribed by such person; nor unless at least two credible witnesses shall, in like manner, state that they personally knew the person whose name is subscribed in such instrument as a witness, well knew his signature, stating their means of knowledge, and believe the name subscribed thereto as a witness was thereto subscribed by such person.
  
 
==Cross-References==
 
==Cross-References==

Latest revision as of 06:59, 7 April 2020

Overview

Sources

  • Section 442.010 et seq - Conveyances
  • Section 486.100 et seq - Notaries

Purpose

MO Rev Stat § 442.240.

Such instrument, filed for record, to impart notice.

442.240. Every such instrument which has been filed for record or recorded in the proper office, although such filing or recording may not have been in accordance with any law in force, shall hereafter impart the same notice as if the same had been filed or recorded in accordance with law; and all such deeds hereafter filed or recorded shall, from the time of filing or recording the same, impart the same notice as if the same had been acknowledged or proved and filed or recorded in accordance with the laws regulating the acknowledgment or proof of such instruments executed within this state.

Forms

MO Rev Stat § 442.160.

2. Such officer shall certify the act, stating the time and place thereof, over his signature, setting forth his grade, serial number, branch of service (army, navy, etc.), and permanent mailing address. If such officer shall omit from his certificate the place thereof, serial number, branch of service, and permanent mailing address, or any of them, it shall be deemed to have been done for reasons of security and shall not invalidate such certificate. The signature of any such officer, together with his grade, shall be prima facie evidence of his authority.

3. Any form of acknowledgment complying with the requirements of this section may be used, and the following form shall be taken to satisfy all requirements of this section:

With the Armed Forces )

of the United States ) ss

at ................................... )

On this ............ day of ............, A.D. 20.., before me, a commissioned officer of the armed forces of the United States, on active duty therewith, personally appeared ..............., a member of the armed forces of the United States, on active duty therewith, (and ................, (his wife, her husband),) to me known to be the person described in and who executed the foregoing instrument, and acknowledged that ................ executed the same as ........... free act and deed. (The said .............. declared ............. to be single and unmarried.)

IN TESTIMONY WHEREOF, I have hereunto set my hand and grade (serial number, branch of service, and permanent mailing address).

(Signature) Serial Number

............................................................. .................................

(Grade) (Branch of Service: Army, Navy, etc.)

............................................................. .................................

(Permanent mailing address)

............................................................. .................................


MO Rev Stat § 442.180.

Certificate to be endorsed on conveyance.

442.180. Every court or officer taking the proof or acknowledgment of any conveyance or instrument of writing affecting real estate, or the relinquishment of the dower of a married woman, shall grant a certificate thereof, and cause the same to be endorsed on such conveyance or instrument of writing.

MO Rev Stat § 442.190.

Certificate, how made.

442.190. Such certificate shall be

(1) When granted by a court, under the seal of the court;

(2) When granted by the clerk of the court, under the hand of the clerk and seal of the court of which he is clerk;

(3) When granted by an officer who has a seal of office, under the hand and official seal of such officer;

(4) When granted by an officer who has no seal of office, under the hand of such officer.


MO Rev Stat § 442.210.

Certificate of acknowledgment--contents.

442.210. 1. The certificate of acknowledgment shall state the act of acknowledgment, and that the person making the same was personally known to at least one judge of the court, or to the officer granting the certificate, to be the person whose name is subscribed to the instrument as a party thereto, or was proved to be such by at least two witnesses, whose names and places of residence shall be inserted in the certificate; and the following forms of acknowledgment may be used in the case of conveyances or other written instruments affecting real estate; and any acknowledgment so taken and certificate shall be sufficient to satisfy all requirements of law relating to the execution or recording of such instruments (begin in all cases by a caption, specifying the state and place where the acknowledgment is taken):

(1) In case of natural persons acting in their own right

On this ... day of ..., 20.., before me personally appeared A B (or A B and C D), to me known to be the person (or persons) described in and who executed the foregoing instrument, and acknowledged that he (or they) executed the same as his (or their) free act and deed.

(2) In the case of natural persons acting by attorney

On this ... day of ..., 20.., before me personally appeared A B, to me known to be the person who executed the foregoing instrument in behalf of C D, and acknowledged that he executed the same as the free act and deed of C D.

(3) In the case of corporations or joint stock associations

On this ... day of ..., 20.., before me appeared A B, to me personally known, who, being by me duly sworn (or affirmed) did say that he is the president (or other officer or agent of the corporation or association), of (describing the corporation or association), and that the seal affixed to foregoing instrument is the corporate seal of said corporation (or association), and that said instrument was signed and sealed in behalf of said corporation (or association) by authority of its board of directors (or trustees), and said A B acknowledged said instrument to be the free act and deed of said corporation (or association).

2. In case the corporation or association has no corporate seal, omit the words "the seal affixed to said instrument is the corporate seal of said corporation (or association), and that", and add at the end of the affidavit clause the words "and that said corporation (or association) has no corporate seal".

3. (In all cases add signature and title of the officer taking the acknowledgment.)

4. When a married woman unites with her husband in the execution of any such instrument, and acknowledges the same in one of the forms above sanctioned, she shall be described in the acknowledgment as his wife, but in all other respects her acknowledgment shall be taken and certified as if she were sole; and no separate examination of a married woman in respect to the execution of any release or dower, or other instrument affecting real estate, shall be required.

MO Rev Stat § 486.330.

Form of acknowledgments.

486.330. Except as otherwise provided in section 442.210, certificates of acknowledgment shall be in print not smaller than eight-point type and in substantially the following form:

(1) By an Individual.

State of ........., County (and/or City) of ..........

On this .............. day of ............ in the year ............ before me, .............. (name of notary), a Notary Public in and for said state, personally appeared ......... (name of individual), known to me to be the person who executed the within ............ (type of document), and acknowledged to me that .......... (he/she) executed the same for the purposes therein stated.

(2) By a Partner.

State of ........., County (and/or City) of ..........

On this ........... day of ........... in the year .......... before me, ............ (name of notary), a Notary Public in and for said state, personally appeared ............... (name of partner) of ............ (name of partnership), known to me to be the person who executed the within ............. (type of document) in behalf of said partnership and acknowledged to me that he or she executed the same for the purposes therein stated.

.............. (official signature and official seal of notary)

(3) By a Corporate Officer.

State of ............, County (and/or City) of ............

On this ............ day of .......... in the year .......... before me, ............ (name of notary), a Notary Public in and for said state, personally appeared .......... (name of officer), .......... (title of person, president, vice president, etc.), ............ (name of corporation), known to me to be the person who executed the within ............ (type of document) in behalf of said corporation and acknowledged to me that he or she executed the same for the purposes therein stated.

.............. (official signature and official seal of notary)

(4) By an Attorney in Fact for Principal or Surety.

State of ............, County (and/or City) of ..............

On this .......... day of ..........., in the year ........... before me, ............ (name of notary), a Notary Public in and for said state, personally appeared .............. (name of attorney in fact), Attorney in Fact for ............ (name of principal or surety), known to me to be the person who executed the within ......... (type of document) in behalf of said principal (or surety), and acknowledged to me that he or she executed the same for the purposes therein stated.

.............. (official signature and official seal of notary)

(5) By a Public Officer, Deputy, Trustee, Administrator, Guardian or Executor.

State of ............, County (and/or City) of .............

On this .......... day of ..........., in the year .........., before me ............ (name of notary), a Notary Public in and for said state, personally appeared ........... (name of person), ........., (person's official title) known to me to be the person who executed the within ............. (type of document) in behalf of .............. (public corporation, agency, political subdivision or estate) and acknowledged to me that he or she executed the same for the purposes therein stated.

.............. (official signature and official seal of notary)

(6) By a United States Citizen Who is Outside of the United States. (description or location of place where acknowledgment is taken)

On this .......... day of .........., in the year ........, before me ............. (name and title of person acting as a notary and refer to law or authority granting power to act as a notary), personally appeared .......... (name of citizen) known to me to be the person who executed the within ........ (type of document) and acknowledged to me that ............ (he/she) executed the same for the purposes therein stated.

............. (official signature and official seal of person acting as a notary and refer to law or authority granting power to act as a notary)

(7) By An Individual Who Cannot Write His or Her Name.

State of ............, County (and/or City) of .............

On this ............ day of .......... in the year .........., before me ........... (name of notary), a Notary Public in and for said state, personally appeared ............ (name of individual), known to me to be the person who, being unable to write his or her name, made his or her mark in my presence. I signed his or her name at his or her request and in that person's presence on the within .......... (type of document) and he or she acknowledged to me that he or she made his or her mark on the same for the purposes therein stated.

.............. (official signature and official seal of notary)

(8) By a Manager or Member.

State of ............, County (and/or City) of .............

On this .......... day of .......... in the year .......... before me, ............ (name of notary), a Notary Public in and for said state, personally appeared .............. (name of manager or member) of .......... (name of limited liability company), known to me to be the person who executed the within .......... (type of document) in behalf of said limited liability company and acknowledged to me that he or she executed the same for the purposes therein stated.

.............. (official signature and official seal of notary)

Officials

MO Rev Stat § 442.150.

Proof or acknowledgment, by whom taken.

442.150. The proof or acknowledgment of every conveyance or instrument in writing affecting real estate in law or equity, including deeds of married women, shall be taken by some one of the following courts or officers:

(1) If acknowledged or proved within this state, by some court having a seal, or some judge, justice or clerk thereof, or a notary public; or

(2) If acknowledged or proved without this state and within the United States, by any notary public or by any court of the United States, or of any state or territory, having a seal, or the clerk of any such court or any commissioner appointed by the governor of this state to take the acknowledgment of deeds;

(3) If acknowledged or proved without the United States, by any court of any state, kingdom or empire having a seal or the mayor or chief officer of any city or town having an official seal or by any minister or consular officer of the United States or notary public having a seal.

MO Rev Stat § 442.160.1.

Acknowledgments of instruments by persons in military service--form--instruments previously acknowledged validated, when.

1. Any commissioned officer, other than a commissioned warrant officer, of any of the armed forces of the United States, whether or not on active duty, may take proof or acknowledgment of any instrument in writing, of any member of any of the armed forces of the United States, whether or not on active duty, with like effect as if the same were taken within the state of Missouri by a notary public. If any instrument in writing so acknowledged by such member of the armed forces of the United States be of such a nature as to require a joint or separate acknowledgment of his or her spouse, such officers may take the acknowledgment of such spouse.

Defects

Curative Statutes

MO Rev Stat § 442.155.3.

3. Any such proof or acknowledgment heretofore taken by any such officer of any instrument in writing not affecting real estate and which proof or acknowledgment was taken in conformity with the then existing law providing for the proof or acknowledgment of conveyances or other instruments in writing affecting real estate, are hereby validated and legalized for all purposes from and after the effective date of this section. It shall not be necessary to rerecord any such instrument.

Passed in 1951 and only validates acknowledgements taken on forms that were legally valid prior to that at the time the acknowledgments were taken. MO Rev Stat § 442.155 (2015).

(L. 1951 p. 751 1, 2, 3)

MO Rev Stat § 442.160.4.

4. All such proof or acknowledgment of any instrument in writing heretofore made and which was not in conformity with the requirements of the laws at that time, but are in conformity with the requirements of this section [FN1], are hereby validated and legalized for all purposes from and after June 12, 1991. It shall not be necessary to rerecord any such instrument.

  • [FN1] - Acknowledgments of instruments by persons in military service


MO Rev Stat § 442.030.

Passed in 1939 and only validates acknowledgements for Deeds of Trust that has been recorded for more than one (1) year prior to the passage of the act except in the case of fraud. MO Rev Stat § 443.030 (2015).

Verification

MO Rev Stat § 442.200.

Identity of persons making acknowledgments, how ascertained.

442.200. No acknowledgment of any instrument in writing conveying real estate, or whereby any real estate may be affected, shall be taken, unless the persons offering to make such acknowledgment shall be personally known to at least one judge of the court, or to the officer taking the same, to be the person whose name is subscribed to such instrument as a party thereto, or shall be proved to be such by at least two credible witnesses.

Witnesses

Witness are not required for an acknowledgment, but subscribing witnesses can be used to prove execution of a document in the absence of an acknowledgment.

MO Rev Stat § 442.260.

Proof of execution of instruments.

442.260. The proof of the execution of any instrument in writing, conveying real estate, or whereby any real estate may be affected in law or equity, shall be:

(1) By the testimony of a subscribing witness; or

(2) When all the subscribing witnesses are dead or cannot be had, by evidence of the handwriting of the party, and of at least one subscribing witness, given by at least two credible witnesses to each signature.

MO Rev Stat § 442.270.

When proof of subscribing witness shall be taken.

No proof by a subscribing witness shall be taken, unless such witness shall be personally known to at least one judge of the court, or to the officer taking the proof, to be the person whose name is subscribed to the instrument as a witness thereto or shall be proved to be such by at least two credible witnesses.

MO Rev Stat § 442.280.

What subscribing witness shall prove before certificate shall be granted.

No certificate of such proof shall be granted, unless such subscribing witness shall prove that the person whose name is subscribed thereto as a party is the person who executed the same; that such person executed the instrument, and that such witness subscribed his name as a witness thereof.

MO Rev Stat § 442.290.

What facts certificate of proof shall set forth.

The certificate of such proof shall set forth the following matters:

(1) The fact that such subscribing witness was personally known to at least one judge of the court, or to the officer granting the certificate, to be the person whose name is subscribed to such instrument as a witness thereto or was proved to be such by at least two witnesses, whose names and places of residence shall be inserted in the certificate;

(2) The proof given by such witnesses of the execution of such instrument, and of the facts that the person whose name is subscribed to such instrument as party thereto is the person who executed the same, and that such witness subscribed his name to such instrument as a witness thereof.

MO Rev Stat § 442.300.

Proof, when grantor and witnesses are dead.

442.300. No proof, by evidence of the handwriting of the party and of a subscribing witness, shall be taken, unless the court or officer taking the same shall be satisfied that all the subscribing witnesses to such instrument are dead or cannot be had to prove the execution thereof.

MO Rev Stat § 442.310.

Certificate of proof, when granted.

No certificate of any such proof shall be granted, unless at least two credible witnesses shall state, on oath or affirmation, that they personally knew the person whose name is subscribed thereto as a party, well know his signature, stating their means of knowledge, and believe the name of the person subscribed thereto as a party was subscribed by such person; nor unless at least two credible witnesses shall, in like manner, state that they personally knew the person whose name is subscribed in such instrument as a witness, well knew his signature, stating their means of knowledge, and believe the name subscribed thereto as a witness was thereto subscribed by such person.

Cross-References


Section 442.210 of the Missouri Revised Statutes prescribes the contents of an acknowledgment. The certificate of acknowledgment shall state the act of acknowledgment and that the person making same was personally known to the officer granting the certificate. The following are suggested, but not mandatory, acknowledgment forms for individuals and corporations:

1.

In case of natural persons acting in their right:

On this _____ day of ___________, _____, before me personally appeared A B (or A B C D), to me known to be the person (or persons) described in and who executed the foregoing instrument, and acknowledged that he (or they) executed the same as his (or their) free act and deed.

2.

In the case of natural persons acting by attorney:

On this ____ day of ____________, _____, before me personally appeared A B, to me known to be the person who executed the foregoing instrument on behalf of C D, and acknowledged that he executed the same as the free act and deed of C D.

3.

In the case of corporation or joint stock associations:

On this ____ day of ___________, _____, before me appeared A B, to me personally known, who, being by me duly sworn (or affirmed) did say that he is the president (or other office or agent of the corporation or association), of (describing the corporation or association), and that the seal affixed to the foregoing instrument is the corporate seal of said corporation (or association), and that said instrument was signed and sealed on behalf of said corporation (or association) by authority of its board of directors (or trustees), and said A B acknowledged said instrument to be the free act and deed of said corporation (or association).

In case the corporation or association has no corporate seal, omit the words "the seal affixed to said instrument is the corporate seal of said corporation (or association), and that" and add at the end of the affidavit clause the words "and that said corporation (or association) has no corporate seal".

Out of state acknowledgments need to contain the content as prescribed by the statute as set forth above.

Section 442.160 of the Missouri Revised Statutes sets forth the requirements with respect to acknowledgments of Armed Forces personnel. Any commissioned officer of any of the armed forces of the United States shall have the authority to take proof or acknowledgment of any instrument in writing. The officer shall certify the act, stating the time and place thereof and setting forth his grade, serial number, branch of service and permanent mailing address. No seal is required.

There are no witness requirements for those documents, which are duly executed and properly acknowledged.

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