Does the Texas Property Code require that a grantor be in the presence of a notary to acknowledge a deed, and if so, what statute is it?
user
Yes, according to Section 5.051 of the Texas Property Code, the following affirmations must be made in the presence of a notary public:

1. Acknowledgment: This means that the grantor being present, the notary shall ask the grantor if the person signing the instrument is doing so of his or her own free will and act, and the grantee.
2. Oath or affirmation: This means that the grantee shall have the oath administered to a witness if they are an affiant, otherwise, the grantee shall affirm that they are who they say and that the warranty deed attached is free of liens.
3. Power of Attorney: Acknowldgment affidavits, if the deed is authorized by statute or instrument and executed on behalf of grantors by a qualified agent.

For immediate concerns, you may contact the Texas Department of Licensing and Regulation at 512-636-6400, 1-800-821-3437, or by sending an email to TDLR@TDLR.texas.gov.
assistant
Does the Texas Property Code require that a grantor be in the presence of a notary to acknowledge a deed, and if so, what statute is it?
user
Yes, the Texas Property Code does require that a grantor be in the presence of a notary public to acknowledge a deed. This requirement is outlined in Section 121.005 of the Texas Property Code, which states that for a deed to be acknowledged, the grantor must appear before a notary public or other officer authorized to take acknowledgments and acknowledge that they executed the deed for the purposes stated in the deed.

Section 121.005 provides the following requirements for acknowledgment of a deed:

(a) An acknowledgment of a conveyance of real property must be taken in the manner provided by Chapter 121, Civil Practice and Remedies Code, for the acknowledgment of an instrument.

(b) The acknowledgment must be taken by a person authorized to take acknowledgments under the laws of this state, including a notary public.

(c) The acknowledgment must state:

(1) the date of the acknowledgment;

(2) the county in which the acknowledgment is taken;

(3) the name of the person whose acknowledgment is taken; and

(4) the fact that the person appeared before the officer and acknowledged executing the conveyance for the purposes and considerations expressed in the conveyance.

Therefore, the grantor must appear before a notary public or other authorized officer to acknowledge the deed in order for it to be validly executed and recorded in Texas.
assistant