§ 42-404 — Failures in formal requisites of an instrument.

(a) The failures in the formal requisites of an instrument that may be cured by this act are:

(1) An omission of an acknowledgment, defective or improper acknowledgment, or any failure to meet a requirement in the taking of an acknowledgment;

(2) A failure to attach a clerk’s certificate;

(3) An omission of a notary seal or other seal; or

(4) An omission of an attestation.

(b) Nothing in this act shall be construed to eliminate the requirement that a deed be under seal. Any deed accepted for recordation without a seal but made effective by operation of this act shall be deemed a sealed instrument.

(c) Nothing in this act shall be construed to validate any instrument with respect to which there was any misrepresentation, fraudulent act, or illegal provision in connection with its execution or acknowledgment.

(d) Any person convicted of a fraudulent act, in connection with the validation of any instrument under §§ 42-402 , 42-403 , and 42-602 shall be subject to the penalties set forth in § 22-3222 .

Legislative History

Mar. 3, 1901, ch. 854, § 499c; as added Apr. 27, 1994, D.C. Law 10-110, § 2(g), 41 DCR 1023