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In 2015, the execution requirements for deeds and other documents affecting title to real property changed. Previously, deeds and these types of title documents could be executed with two witnesses and an acknowledgment by the notary. However, the new law requires two “attesting” witnesses. One of these witnesses must be an “official” witness, which is almost always the notary. The key change is the “attestation” requirement and what this means in practical use.
By its own language, a notary acknowledgment states that the person executing the document only acknowledged to the notary that they signed the document. The usual notary acknowledgment language does not state that the notary actually saw the signor execute the document in their presence. The requirement in Georgia is that the notary must attest, or in plain terms, actually witness the signing of the document for it to be valid and recordable.
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