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The written form of a notary acknowledgment, which must
be used, is clearly defined in Section 4 of the Real Property Article
and in
Article 18 of the Annotated Code of Maryland. There have been a great
many cases in Maryland courts seeking to determine what physical
action may or may not be required in order to adequately comply with
the legal requirements for a notary acknowledgment.
Maryland’s highest court decided the case of Poole v. Hyatt
and Day 344 Md. 619, 682 A.2d 82 (1997). This case involved the
execution of a power of attorney and deed at time very proximate
to the grantor’s death. It was alleged, inter alia, that
the documents were invalid because the grantor had not made any
oral statement of acknowledgment in the presence of the Notary
Public which would indicate that the documents were being signed
for the purposes therein contained. The Court of Special Appeals
agreed, declaring the power of attorney and deed void because of
defective acknowledgments. The Court of Appeals reversed as to
this issue and held that, “although a clear oral expression
is preferable..., when a signatory (1) appears personally before
a notary for the purpose of having the notary witness and attest
to his or her signature, (2) the signatory appears to be alert
and is under no apparent duress or undue emotional or intoxicating
influence, (3) it is clear from the overall circumstances that
the signatory understands the nature of the instrument he or she
is about to sign, and (4) he or she signs the instrument in the
presence of the notary with the apparent intention of making the
instrument effective, the signatory is effectively acknowledging
to the notary that the instrument is being signed voluntarily and
for the purpose contained therein.”
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