can a contract executed 9 years ago be notarized only today?

A sold his condo unit to B. However the Deed of Absolute Sale was not notarized by B. A was nowhere to be found. Can B ask the notary public to notarize the deed of absolute sale today? However, she cannot find A anymore to execute a Deed of Absolute Sale dated today.

Asked on July 18, 2017 under Real Estate Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, a contract or any other document may not legally be retroactively notartized. Notarization is the notary attesting (essentially swearing, with legally binding effect) that *at the time it was signed,* she or he witnessed the signing and verified the identity of the signer(s); that by definition may not be done after the fact.


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