Key Takeaways
- An acknowledgment certifies that the signer appeared and acknowledged signing willingly
- The signer does NOT need to sign in the notary's presence for an acknowledgment
- The notary must verify the signer's identity through personal knowledge or satisfactory evidence
- No oath is administered for acknowledgments
- Used for deeds, mortgages, powers of attorney, and most real estate documents
Acknowledgments
An acknowledgment is the most common notarial act you'll perform as a Texas notary. It's used when someone needs to confirm they signed a document willingly.
What Is an Acknowledgment?
An acknowledgment is a notarial act where:
| Element | Requirement |
|---|---|
| Personal appearance | Signer appears before notary |
| Identity verification | Notary confirms identity |
| Voluntary acknowledgment | Signer confirms they signed willingly |
| For stated purpose | Signer acknowledges purpose of document |
Key Feature: Signature Timing
Important: For an acknowledgment, the signer does NOT need to sign in your presence.
| Acceptable |
|---|
| Signer signs before appearing, then acknowledges |
| Signer signs in your presence |
| Document was signed days or weeks earlier |
You are certifying that the signer:
- Personally appeared before you
- Was properly identified
- Acknowledged the signature as theirs
- Acknowledged signing for the stated purpose
No Oath Required
| Acknowledgment | Jurat |
|---|---|
| No oath | Oath REQUIRED |
| Signer doesn't swear to contents | Signer swears contents true |
| "Acknowledged before me" | "Subscribed and sworn before me" |
Common Texas Documents Using Acknowledgments
| Document Type | Why |
|---|---|
| Deeds | Real property transfers |
| Deeds of Trust | Mortgage/lending documents |
| Powers of Attorney | Authority delegation |
| Contracts | Business agreements |
| Vehicle title transfers | Ownership changes |
| Oil & gas leases | Mineral rights |
The Acknowledgment Process
- Signer appears before you
- Verify identity - through ID or personal knowledge
- Ask: "Do you acknowledge that this is your signature and that you signed this document willingly for its stated purpose?"
- Signer confirms: "Yes" or "I do"
- Complete acknowledgment certificate
- Sign and seal the certificate
- Record in your journal
Sample Texas Acknowledgment Certificate
STATE OF TEXAS COUNTY OF [County Name]
Before me, [Notary Name], on this day personally appeared [Signer Name], known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office this [date].
[Notary Signature] [Notary Seal] Notary Public, State of Texas My Commission Expires: [date]
On the Exam
Acknowledgment questions focus on:
- Personal appearance: Required
- Signature: Does NOT need to be in notary's presence
- No oath: Signer doesn't swear to truthfulness
- Certificate language: "Acknowledged before me"
For a Texas acknowledgment, must the signer sign the document in the notary's presence?
Which phrase indicates an acknowledgment certificate rather than a jurat?