Acknowledgment

Key Takeaways

• In Washington, an acknowledgment is a signer's declaration, made in the presence of a notarial officer, that the signer signed the document of the signer's own free will (RCW 42.45.010).
• RCW 64.04.020 requires every deed to be in writing, signed by the party bound by it, and acknowledged.
• A notary public is not the only officer who can take an acknowledgment in Washington. RCW 64.08.010 also names county auditors and their deputies, superior court judges, court commissioners, and court clerks.
• Acknowledgment is what makes a deed recordable, and RCW 65.08.070 makes an unrecorded conveyance void against a later purchaser who buys in good faith and pays value.

What It Means

Acknowledgment is the step where the person who signed a document appears before a notarial officer and declares that the signature is genuine and was made voluntarily. Washington's notary statute states it directly: the signer declares that the record was signed of the signer's own free will, for the purpose written in the record. If the signer is acting for someone else, such as a company or a principal under a power of attorney, the signer also declares that the signature carries proper authority. The officer then confirms identity, either from personal knowledge or from satisfactory evidence such as a government photo ID, and fills in a notarial certificate below the signature.

In a sale, acknowledgment matters most on the Deed. The Grantor signs, the officer takes the acknowledgment, and the document becomes eligible for Recording with the county auditor. Recording is what gives the public Constructive Notice that the property changed hands.

Notice what acknowledgment does not do. It is not a review of whether the deed is accurate, whether the legal description is right, or whether the seller owns the property at all. The officer verifies who signed, not what the document says.

How It Works in Washington

Washington sets the rule in two places. RCW 64.04.020 says every deed must be in writing, signed by the party bound by it, and acknowledged. RCW 65.08.070 then makes acknowledgment the gate to the public record: a conveyance of real property, once acknowledged and certified as required by law, may be recorded, and a conveyance that is not recorded is void against a later purchaser or mortgagee in good faith and for valuable consideration.

Who may take the acknowledgment is broader than most students expect. RCW 64.08.010 authorizes a qualified notary public, and also a county auditor or deputy auditor, a superior court judge or qualified court commissioner, court clerks and their deputies, and judges and clerks of the appellate courts. Whoever takes it must follow RCW 42.45.030 and determine, from personal knowledge or satisfactory evidence, that the person in front of them has the identity claimed and that the signature is that person's. RCW 42.45.040 requires the signer to appear personally before the notarial officer, subject to the exception in RCW 42.45.280 for a remotely located individual appearing by communication technology. Day to day, escrow handles this at the signing table, which is where our guide to a first Washington closing walks through it.

Example

Maria Delgado sells her Spokane duplex to Trevor Chin for $415,000. At escrow on March 12, Maria signs the statutory warranty deed in front of the escrow officer, who holds a Washington notary commission. The notary checks Maria's driver license, watches her sign, and completes the acknowledgment certificate under the signature line. Escrow sends the deed to the Spokane County Auditor, which records it on March 13. Three weeks later Maria's brother produces an earlier deed to the same duplex, signed in January but never taken before a notarial officer. Because that deed was never acknowledged, it could not be recorded. Under RCW 65.08.070 it is void against Trevor, who bought in good faith, paid $415,000, and recorded first.

Common Mistakes and Exam Traps

• Acknowledgment is not delivery. Acknowledgment is the signer's declaration before a notarial officer; delivery is the grantor handing over the deed with the intent to pass title.
• A notarial officer does not vouch for the contents of a deed. The officer confirms identity and signature, not ownership, the legal description, or the accuracy of anything written in the document.
• Test items often say only a notary public can take an acknowledgment. In Washington, RCW 64.08.010 also allows county auditors, superior court judges, court commissioners, and court clerks.
• Acknowledgment and recording are two separate steps. Acknowledgment makes a deed recordable; recording is the later act of filing it with the county auditor.