ACKNOWLEDGMENT

I.     DEFINITION.

An acknowledgment is a statement sworn in the presence of a proper authority that a certain document is the free and voluntary act of the person making the acknowledgment. All documents relating to or affecting real estate-such as deeds, mortgages, and releases, as well as many other documents--must be acknowledged. SEE ORS 93.010; 93.410; 93.710; 93 990; 100.100 for documents affecting land.

Check state codified law. The laws of some states require the acknowledgment to show, in cases where an instrument is signed by both husband and wife, that one spouse must sign Many states also require that an acknowledgment taken before a notary public must show the date the NOTARY's commission expires. See NOTARIES PUBLIC in ORS 194.031, et seq.

II.   " PROPER AUTHORITY" TO TAKE ACKNOWLEDGMENTS

The authority is codified in statute. Notaries public, justices of the peace, judges and clerks of courts of record are often authorized to take acknowledgments in most cases. See, ORS ch 194.