58-2211. Acknowledgment of instrument relating to real estate. All conveyances, and other instruments affecting real estate must be acknowledged before a person authorized by the revised uniform law on notarial acts to perform notarial acts or, if acknowledged within this state, by a county clerk, register of deeds or mayor or clerk of an incorporated city.
History: G.S. 1868, ch. 22, § 9; R.S. 1923, 67-211; L. 1973, ch. 134, § 47; L. 1984, ch. 201, § 16; L. 2021, ch. 64, § 41; January 1, 2022.
Law Review and Bar Journal References:
"Will Substitutes in Kansas," Jana J. Deines and Michael E. McMahon, 23 W.L.J. 132, 133 (1983).
"'Notarize This': The Notary's and the Lawyer's Liability for Forged Signatures," J. Nick Badgerow, 73 J.K.B.A. No. 8, 18, 22 (2004).
Attorney General's Opinions:
Recordation of instruments affecting real estate. 84-48.
Recordation of certificate of appropriation of water for beneficial use; signature of grantor; acknowledgment. 86-141.
Mortgage registration and intangibles; mortgage registration; instruments subject thereto. 87-162.
Notaries public; unsworn declarations; written declaration sufficient. 91-21.
CASE ANNOTATIONS
1. Notary should authenticate with seal; record of unauthorized deed inadmissible. Meskimen v. Day, 35 Kan. 46, 10 P. 14.
2. Unacknowledged mortgage not good against subsequent purchaser, even though recorded. Nordman v. Rau, 86 Kan. 19, 119 P. 351.
3. Acknowledgment of deed taken by justice outside his judicial township; validity. Tawney v. Blankenship, 150 Kan. 41, 46, 90 P.2d 1111.
4. Mortgagee's assignment of notes and mortgages as security for borrowing, relative priority of interests under UCC examined. Army Nat'l Bank v. Equity Developers, Inc., 245 Kan. 3, 21, 774 P.2d 919 (1989).
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