§ 42-404. Failures in formal requisites of an instrument.

Current through October 23, 2012

(a) The failures in the formal requisites of an instrument that may be cured by this act are:

(1) An omission of an acknowledgment or a defective or improper acknowledgment;

(2) A failure to attach a clerk's certificate;

(3) An omission of a notary seal or other seal; or

(4) An omission of an attestation.

(b) Nothing in this act shall be construed to eliminate the requirement that a deed be under seal. Any deed accepted for recordation without a seal but made effective by operation of this act shall be deemed a sealed instrument.

(c) Nothing in this act shall be construed to validate any instrument with respect to which there was any misrepresentation, fraudulent act, or illegal provision in connection with its execution or acknowledgment.

(d) Any person convicted of a fraudulent act, in connection with the validation of any instrument under §§ 42-101, 42-402, 42-403, and 42-602 shall be subject to the penalties set forth in § 22-3222.

                
                    var val = document.getElementById('citecontent').innerHTML;
                    art.dialog.defaults.title = window.location.href;
                    art.dialog.data('cite', val);
                    art.dialog.data('homeDemoPath', '/Scripts/plus/artDialog/');
                    art.dialog.open('/Scripts/plus/artDialog/citeiframe.html');

(Mar. 3, 1901, ch. 854, § 499c, as added Apr. 27, 1994, D.C. Law 10-110, § 2(g), 41 DCR 1023.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 45-801.3.

Legislative History of Laws

For legislative history of D.C. Law 10-110, see Historical and Statutory Notes following § 42-402.

References in Text

"This act," referred to in subsections (a) and (b) of this section, is the Act of March 3, 1901, ch. 854. The Act of March 3, 1901 enacted a code of laws for the District of Columbia.