Acknowledgment necessary to authorize recording.
(1) Before an instrument may be recorded, unless it is otherwise expressly provided, its execution must be acknowledged by the person executing it, or if executed by a corporation, by its president or vice president, or secretary or assistant secretary, or other person executing the same on behalf of the corporation, or if executed in the name of the state of Idaho or any county, political subdivision, municipal, quasi-municipal, or public corporation, by one (1) or more of the officers of such state, county, political subdivision, municipal, quasi-municipal, or public corporation executing the same, or if executed in a partnership name, by one (1) or more of the partners who subscribed the partnership name thereto, or if executed by a limited liability company, by the manager, member or other person executing the same on behalf of the limited liability company, or the execution must be proved and the acknowledgment or proof, certified in substantially the manner prescribed by chapter 1, title 51, Idaho Code; provided, that if such instrument shall have been executed and acknowledged in any other state or territory of the United States, or in any foreign country, according to the laws of the state, territory or country wherein such acknowledgment was taken, the same shall be entitled to record, and a certificate of acknowledgment indorsed upon or attached to any such instrument purporting to have been made in any such state, territory or foreign country, shall be prima facie sufficient to entitle the same to such record.
(2) (a) The validity of an instrument recorded prior to July 1, 2017, shall not be affected by the failure of a notary public to perform a duty or meet a requirement specified in chapter 1, title 51, Idaho Code. Such a failure does not invalidate a notarial act performed by the notary public. (b) The validity of a notarial act complying with the provisions of chapter 1, title 51, Idaho Code, does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking remedies authorized by federal or state law other than the provisions of chapter 1, title 51, Idaho Code. (c) This subsection does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts.
Notes of Decisions
Cited in
12
cases (
1 in the last 5 years), 1968–2022 · leading case:
In Re GVR Ltd. Co., Inc., 695 P.2d 1240 (Idaho 1985).
In Re GVR Ltd. Co., Inc., 695 P.2d 1240 (Idaho 1985).
· cites it 12× “The United States Ninth Circuit Court of Appeals has certified to us the following issue: Whether under Idaho law a mechanic's lien filed under Title 45, Chapter 5 of the Idaho Code must include an acknowledgment, pursuant to I.C. § 55-805, in order for it to be properly…”
Benjamin Franklin Sav. & Loan Ass'n v. New Concept Realty & Dev., Inc., 692 P.2d 355 (Idaho 1984).
· cites it 8× “Eberle, now deceased, an illustrious authority in the pertinent field, is that because of the alleged faulty acknowledgement, it was not entitled to be recorded from which by application of a fiction it is then said in the eyes of the law not to have been recorded.”
Alan Golub v. Kirk-Scott, LTD, 342 P.3d 893 (Idaho 2015).
· cites it 2× “Although in its briefing KS states in eonelusory fashion that its deed of trust was validly acknowledged in Nevada where the deed of trust was executed, it provides no application of Nevada law to show the deed of trust complied with Nevada law for acknowledgement.”
Credit Bureau of Preston v. Sleight, 440 P.2d 143 (Idaho 1968).
· cites it 2× “I.C. § 55-805 provides that “before an instrument may be recorded, unless it is otherwise expressly provided, its execution must be acknowledged by the person executing it,” while I.”
Hunt v. Hunt, 718 P.2d 560 (Idaho Ct. App. 1985).
· cites it 2× “I.C. § 55-805. A recorded conveyance which is not acknowledged does not provide constructive notice to subsequent purchasers and mortgagees.”
Credit Bureau of Lewiston-Clarkston, Inc. v. Idaho First Nat'l Bank, 784 P.2d 885 (Idaho 1989).
· cites it 4× “Where a mechanic's lien is involved, this Court has also held that no acknowledgement to the claim of lien is required: The United States Ninth Circuit Court of Appeals has certified to us the following issue: Whether under Idaho law a mechanic's lien filed under Title 45,…”
Noah Hillen v. Triple B, LLC (9th Cir. 2019).
“Bankruptcy Trustee Noah Hillen appeals the district court’s judgment affirming the bankruptcy court’s order granting the defendants’ motions for summary judgment. Hillen seeks to avoid certain liens arising from three different deeds of trust on the basis that the deeds were…”
J. Elsaesser v. Mountain West Ira Fbo Chester (9th Cir. 2022).
“” Idaho Code § 55-805 (2016). 4 “The acknowledgment of an instrument must not be taken, unless the officer taking it knows, or has satisfactory evidence from a credible source .”
Kloos v. Jacobson (In re Jacobson), 30 B.R. 965 (Bankr. D. Idaho 1983).
“” [Emphasis added] Although § 45-507 governing the filing of a claim of lien does not itself require an acknowledgment as a condition precedent to filing, the omission of such a requirement does not constitute an “express” exception to the requirements of § 55-805, which is…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.