Does Notarizing an Agreement in New York Make it Legal?
Many individuals and businessmen seem to believe thta notarizing a document gives it special legal status. Notarization actually accomplished one of two things depending on the type of notarization. If the notarization is so a legal document -- such as a deed or mortgage -- can be recorded in the land records it contains an “acknowledgment”. If it lacks that it wont be accepted for recording. If the notarization is so that a statement -- such as an affidavit -- is a sworn statement then it contains a jurat along the lines of “Sworn to before me this _______day of _______ 20__”.
A notarized acknowledgement of a document helps prevent later challenges by the signer that he or she never signed the document in question and that the document is a forgery, as do signatures of one or more witnesses who witnessed the signing of the document.
However, notarizing a badly drafted document, for example one that has an illegal rate of interest or other unenforceable provisions, doesn’t cure the document of underlying problems.
A notarized acknowledgement of a document helps prevent later challenges by the signer that he or she never signed the document in question and that the document is a forgery, as do signatures of one or more witnesses who witnessed the signing of the document.
However, notarizing a badly drafted document, for example one that has an illegal rate of interest or other unenforceable provisions, doesn’t cure the document of underlying problems.