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ARIZONA HOUSE OF REPRESENTATIVESFifty-sixth Legislature Second Regular Session |
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HB 2409: deeds; personal appearance requirement
Sponsor: Representative Gillette, LD 30
Committee on Commerce
Overview
Requires recorded deeds and conveyances to be acknowledged in person before a notary public.
History
Every deed or conveyance of real property is statutorily required to be signed by the grantor and be duly acknowledged before a notary public or another individual who is authorized to take acknowledgments (notarial officer) (A.R.S. § 33-401).
A notarial officer who takes an acknowledgment of a record must determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual. If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer (A.R.S. §§ 41-253, 41-254).
Statute permits a remotely located individual to comply with the statutory requirements relating to personal appearance by using communication technology to appear before the notary public. Communication technology is an electronic device or process that:
1) allows a notary public and a remotely located individual to communicate with each other simultaneously by sight and sound; and
2) when necessary and consistent with other applicable law, facilitates communication with a remotely located individual who has a vision, hearing or speech impairment (A.R.S. § 41-263).
Provisions
2. Prohibits a grantor from using communication technology to appear before a notary public for a deed or conveyance. (Sec. 1)
3. Makes a conforming change. (Sec. 2)
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7. HB 2409
8. Initials PB Page 0 Commerce
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