What does "Recognize" Mean?
The Interstate Recgnition of Notarizations Act would require state and federal courts to:
Each court that operates under the jurisdiction of a State shall recognize any lawful notarization made by a notary public licensed or commissioned under the laws of a State other than the State where the court is located[.]
What does "recognize" mean in this legislation? In terms of admissibility, most trial lawyers are familiar with the concept of the exception to the hearsay rule for public records and the concept of judicial notice. Is this what the term is intended to mean? Are notarized documents now to be viewed as "public records?" Because they aren't. Notary publics are not public officials and the documents they notarize are not public records. The problems that recent events have demonstrated are that, in fact, notarized documents in foreclosure proceedings are very unreliable. Recent events actually point to a policy that should exclude notarized documents from eligibility for such a presumption. More . .
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