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Powers & Duties of Notary

A deed is proved by a subscribing witness rather than acknowledged by the grantor. The witness gives a street address and states he saw the grantor sign, but the officer has neither personal acquaintance with the witness nor satisfactory evidence of the witness’s identity. What is the best answer?

A

The proof is sufficient because the witness gave a residence and described the signing.

B

The proof fails because Real Property Law §304 also requires the officer to be personally acquainted with the witness or have satisfactory evidence that the witness is the subscribing witness.

C

The proof is sufficient if the deed is later translated into English for recording.

D

The proof is sufficient whenever the witness is an adult resident of the state.

Correct Answer

B. The proof fails because Real Property Law §304 also requires the officer to be personally acquainted with the witness or have satisfactory evidence that the witness is the subscribing witness.

AI Explanation

Proof by subscribing witness has its own identity requirement. Real Property Law §304 requires the witness to state residence details and knowledge of the executing party, and also says the proof must not be taken unless the officer is personally acquainted with the witness or has satisfactory evidence that he is the subscribing witness. Unlike an acknowledgment under §303, this procedure centers on witness proof rather than the principal’s direct declaration.

Powers & Duties of Notary Question #333
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