Notarized document is presumed to be duly executed by a person

It is undisputed that the personal guaranty was acknowledged by a notary public.

CPLR 4538 provides, in pertinent part:

Certification of the acknowledgment or proof of a writing, except a will, in the manner prescribed by law for taking and certifying the acknowledgment or proof of a conveyance of real property within the state is prima facie evidence that it was executed by the person who purported to do so.

“A certificate of acknowledgment attached to an instrument such as a deed raises a presumption of due execution, which presumption … can be rebutted only after being weighed against any evidence adduced to show that the subject instrument was not duly executed” (Lum v. Antonelli, 102 A.D.2d 258, 260–261, 476 N.Y.S.2d 921, affd. 64 N.Y.2d 1158, 490 N.Y.S.2d 733, 480 N.E.2d 347; see Elder v. Elder, 2 A.D.3d 671, 770 N.Y.S.2d 95; Republic Pension Servs. v. Cononico, 278 A.D.2d 470, 472, 718 N.Y.S.2d 76; Albin v. First Nationwide Network Mtge. Co., 248 A.D.2d 417, 418, 670 N.Y.S.2d 42). A certificate of acknowledgment should not be overthrown upon evidence of a doubtful character, such as the unsupported testimony of interested witnesses, nor upon a bare preponderance of evidence, but only on proof so clear and convincing as to amount to a moral certainty (Albany County Sav. Bank v. McCarty, 149 N.Y. 71, 80, 43 N.E. 427; see Republic Pension Servs. v. Cononico, supra ).” Osborne v. Zornberg, 16 AD3d 643, 644 [2d Dept 2005].

Definition of a notarized document according to The Law Dictionary:

“A document which has been authenticated by the signature of the relevant individual and the signature of the notary public who acts as a witness to the signature. This document is then given the impression of the official notary seal.”(1)

(1) source of quote:

What does it mean to have a document notarized?

“A Notary Public’s seal on a document indicates that it has been notarized, but what does that really mean?”(2) source:

R. A. Klass
Your Court Street Lawyer

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