ACKNOWLEDGMENT, AFFIDAVIT or VERIFICATION?
[Return to Legal Topics List]An acknowledgment is a written statement by a notary public to the effect that the signer of a document (attached) stated under oath (acknowledged) that the signature on the document is, in fact, that of the person and that the consideration (money, promise) expressed in the document was, in fact, the reason or basis for the transaction or event recited (shown) in the document. There are no factual statements sworn to as being true contained in it.
On the other hand, an affidavit is a written statement of facts contained in the affidavit itself sworn to and signed by that person before a notary public as being within the personal knowledge of that person true and correct. An affidavit need not be attached to another document. It is a document in and of itself, whereas an acknowledgment is always a part of another instrument.
A verification is a sworn statement that the contents of an attached document are true and correct and that the affiant (signer of the verification) has knowledge of their truth and correctness.
!Why do we record documents with the County Clerk?
The purpose of recording documents (like deeds and liens affecting real estate) is to give notice to others of the interest (ownership, financing, etc. ) in a particular property of the person doing the filing. It permits a prospective buyer to be certain that a seller of real estate owns the property to be sold and what, if any, outstanding claims (liens, judgments) exist against that property. A document cannot be filed with the county clerk in the general filing records unless it has an acknowledgment attached to it.
[Return to Legal Topics List]