Absence of the officer's official seal (when it is applicable)
Officer taking the acknowledgement was disqualified, and his/her
disqualification is evident on the face of the instrument.
How can a defective acknowledgement be cured / fixed?
* First question: Does the acknowledgement really need to be fixed? NOT necessary if:
Bad acknowledgement appears on a recorded Transfer of Lien, Assignment of Lien, Corporate Resolution, etc. (peripheral, non-conveyance documents); or
Bad acknowledgement appears on Deed of Trust being paid off and released as result of property's sale; or
Bad acknowledgement appears on a recorded Deed of Trust being refinanced,
and no other liens (voluntary or involuntary) have been filed in the interval.
* Second question: How much time has passed since filing of the document with a bad acknowledgement?
Four years with no lawsuit pending that affects title? No Problem! Texas Civil
Practice and Remedies code 16.033 (a) (8) automatically cures every "failure
of (an) instrument to show an acknowledgement or jurat that complies with
* Otherwise, Fatally Defective Acknowledgement MUST be Cured, and three are available.
Correction of acknowledgement by original Notary Public, followed by a re-filing of original instrument: or
Grantor's re-acknowledgement of original instrument before a different Notary Public, followed by re-filing of original instrument: or
Filing new properly acknowledged correction instrument executed by the same
Can a document be recorded if it's Text is in a language other than English?
* See Texas Property code 11.002: No real estate document having text / content in a foreign language can be accepted for recording unless:
Document is dated prior to August 22, 1897, and
Document is accompanied by English - language transaction authenticated on
oath by the translator.
Can an English - language document be recorded in Texas with a foreign-language Certificate of Acknowledgement?
* See Texas Property Code 11.002: When an English-language document bears a Certificate of Acknowledgement containing a foreign-language certification, stamp, or seal, the document can be accepted for filing and validly recorded if:
Accompanied at filing an English-language translation of the foreign-language
portion of the certificate, stamp, or seal, and
Accuracy of the translation is sworn to by the translator.
What is an "Apostille" (aka "apostile") ?
* An apostille is a certificate issued by governmental authority for the purpose of proving the regularity of a public record, including acknowledgements, in order for the document to be legally acceptable in another country.