Legal Question in Civil Litigation in New Jersey

According to the following it seems that there is in fact a New Jersey Statute which states the signer of a document must appear before a notary when the document is notarized. Can any one post or point me to the exact statute?

"The debtor did not deny that his signature was valid, but specifically charged that the mortgage was not acknowledged in the presence of a notary public and thus was in violation of the New Jersey Recording Statutes. Id. at 19.'


Asked on 11/27/09, 11:16 am

1 Answer from Attorneys

Adam L. Rothenberg Levinson Axelrod, P.C.

I believe this might be waht you are looking for. The Statute on Notaries does not indicate that in giving the oath they must appear in person, but it is implied generally I think since the Notray is witnessing, which must be done in person. See also N.J.S.A. 52:7-10

N.J.S.A. 46:14-2.1

46:14-2.1. Acknowledgment and proof

a. To acknowledge a deed or other instrument the maker of the instrument shall appear before an officer specified in R.S.46:14-6.1 and acknowledge that it was executed as the maker's own act. To acknowledge a deed or other instrument made on behalf of a corporation or other entity, the maker shall appear before an officer specified in R.S.46:14-6.1 and state that the maker was authorized to execute the instrument on behalf of the entity and that the maker executed the instrument as the act of the entity.

b. To prove a deed or other instrument, a subscribing witness shall appear before an officer specified in R.S. 46:14-6.1 and swear that he or she witnessed the maker of the instrument execute the instrument as the maker's own act. To prove a deed or other instrument executed on behalf of a corporation or other entity, a subscribing witness shall appear before an officer specified in R.S. 46:14-6.1 and swear that the representative was authorized to execute the instrument on behalf of the entity, and that he or she witnessed the representative execute the instrument as the act of the entity.

c. The officer taking an acknowledgment or proof shall sign a certificate stating that acknowledgment or proof. The certificate shall also state:

(1) that the maker or the witness personally appeared before the officer;

(2) that the officer was satisfied that the person who made the acknowledgment or proof was the maker of or the witness to the instrument;

(3) the jurisdiction in which the acknowledgment or proof was taken;

(4) the officer's name and title;

(5) the date on which the acknowledgment was taken.

d. The seal of the officer taking the acknowledgment or proof need not be affixed to the certificate stating that acknowledgment or proof.

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Answered on 12/02/09, 11:41 am


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