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Know The Massachusetts Notary Clause

COURT APPROVED NOTARY CLAUSE

 On this____day of__________20___, before me, the undersigned notary public, _______________ (name of document signer) personally appeared, proved to me through satisfactory evidence of identification, which were______________, to be the person(s) whose name(s) is/are signed on the preceding or attached document, and acknowledged to me that he/she/they signed it voluntarily, as his/her/their free act and deed, for its stated purpose. 

As always, we at Kriss Law/Atlantic are committed to keeping our clientele abreast of any legal or regulatory updates that may cause a change to the way business is conducted.

To that end, recent Court rulings and title insurer requirements have mandated that unless the exact Notary Clause above is used, a mortgage is not recordable, and if recorded, is null and void.

In an industry where a valid, recorded mortgage is all that exists to secure massive sums of money, this is a problematic development that will affect all parties involved in Massachusetts lending.

While it is impossible to correct all mortgages that have used a differing version in the past, it is very important that beginning immediately, all closing documents are prepared using the correct Notary Clause.

Because we understand that it may take some time for you or your document preparation vendors to put this update into place, immediately upon this change, we at Kriss Law/Atlantic began using the correct Clause. As such, in closing packages returned to you, you may see the existing Notary page crossed out or removed and the corrected version of the clause added.

With the importance and possible ramifications of this change in mind, please do not hesitate to contact us with any questions regarding this matter. We would be glad to assist in updating your staff related to this major change. If you would like to discuss further, please contact us at info@krisslawatlantic.com.

 

 

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