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

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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