§ 18-12-208 — Defects

Arkansas § 18-12-208

• Jurisdiction: Arkansas
• Title: 18

Text

(a) All deeds, conveyances, deeds of trust, mortgages, marriage contracts, and other instruments in writing affecting or purporting to affect the title to any real estate or personal property situated in this state, which have been recorded and which are defective or ineffectual because: (1) Of failure to comply with § 18-12-403 ; (2) The officer who certified the acknowledgment or acknowledgments to such instruments omitted any words required by law to be in the certificate or acknowledgments; (3) The officer failed or omitted to attach his or her seal to the certificate; (4) The officer attached to any such certificate a seal not bearing the words and devices required by law; (5) The officer was a mayor of a city or an incorporated town in the State of Arkansas and as such was not authorized to certify to executions and acknowledgments to such instruments, or was the deputy of an official duly authorized by law to take acknowledgments but whose deputy was not so authorized; (6) The notary public failed to state the date of the expiration of his or her commission on the certificate of acknowledgment, or incorrectly stated it thereon; (7) The officer incorrectly dated the certificate of acknowledgment or failed to state the county wherein the acknowledgment was taken; or (8) The acknowledgment was certified in any county of the State of Arkansas by any person holding an unexpired commission as notary public under the laws of the state who had, at the time of the certification, ceased to be a resident of the county within and for which he or she was commissioned, shall be as binding and effectual as though the certificate of acknowledgment or proof of execution was in due form, bore the proper seal, and was certified to by a duly authorized officer. (b) A deed, conveyance, deed of trust, mortgage, marriage contract, and other instrument in writing, affecting or purporting to affect the title to any real estate or personal property situated in this state, which is executed after August 13, 1993, shall not be deemed defective or ineffectual because: (1) The officer failed or omitted to attach his or her seal to the certificate; (2) The officer attached to any such certificate a seal not bearing the words and devices required by law; (3) The notary public failed to state the date of the expiration of his or her commission on the certificate of acknowledgment, or incorrectly stated it thereon; (4) The officer incorrectly dated the certificate of acknowledgment or failed to state the county wherein the acknowledgment was taken; or (5) The acknowledgment was certified in any county of the State of Arkansas by any person holding an unexpired commission as notary public under the laws of the state who had, at the time of the certification, ceased to be a resident of the county within and for which he or she was commissioned. (c) A deed, conveyance, deed of trust, mortgage, marriage contract, and any other instrument in writing, affecting or purporting to affect the title to any real estate or personal property situated in this state, whether executed before, on, or after April 8, 2013, shall not be found insufficient to satisfy the requirements of § 18-12-202 : (1) Because the acknowledgment thereof does not strictly comply with the form contained in § 16-47-107 or omits the words "for the consideration, uses, and purposes therein mentioned or set forth" or uses similar words; (2) Because the gender listed in the acknowledgment thereof does not match the gender of the person acknowledging the instrument; (3) Because the acknowledgment thereof does not identify the title or position of the person acknowledging the instrument on behalf of a corporation, partnership, company, trust, association, or other entity; or (4) Where a good faith attempt at material compliance with § 16-47-107(a), (b), or (c) , as applicable, has been made and there is no factual dispute as to the authenticity of the signature of the person making acknowledgement thereof. (d) Notwithstanding an acknowledgment to a deed or other instrument which may contain one (1) or more of the defects set forth in this section, if a deed or other instrument is recorded, it shall: (1) Provide constructive notice thereafter to all parties of the matters contained in the deed or other instrument; and (2) Be treated as any other deed or instrument in writing under § 16-47-110 , and may be read into evidence in any court in this state without further proof of execution. (e) A valid jurat may act as a substitute for a certificate of acknowledgment for instruments recorded on or after April 8, 2013.

Legislative History

Amended by Act 2013, No. 999,§ 4, eff. 4/8/2013. Acts 1955, No. 101, § 1; A.S.A. 1947, § 49-213; Acts 1993, No. 1081, §§ 1, 2.