Question
nnnnA formal declaration before a notary public or other qualified official by a person who has executed an instrument, that such execution is his or her act and deed is called:
nnnnSelections
nnnn• A. An endorsement
nnnn• B. An acknowledgment
nnnn• C. A warranty
nnnn• D. A guaranty of performance
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Answer: B
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5 Keys Summary
nnnn1. An Acknowledgment is defined as a formal declaration made before an authorized public officer, such as a Notary Public, confirming that the person executing an instrument did so voluntarily.
nnnn2. The purpose of the acknowledgment is to verify the authenticity of the signature and confirm that the document was signed voluntarily and not under duress.
nnnn3. The terms “Acknowledgment” and “Notary Public” should be linked, as the notary public is the official authorized to perform this formal declaration.
nnnn4. Although an acknowledgment is not always legally required for a deed to be valid between the grantor and grantee, without it, the instrument is very unlikely to be approved for recordation in public records.
nnnn5. An Endorsement (A) is the act of signing a negotiable instrument to transfer it, and a Warranty (C) is a promise or guarantee included in a contract, making them incorrect choices.
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