Title 44, Chapter 2, Section 21
( 44-2-21)
(a) To authorize the recording of a deed to realty or personalty
executed outside this state, the deed must be attested by or
acknowledged before: (1) A consul or vice-consul of the United States, whose
certificate under his official seal shall be evidence of the fact; (2) A judge of a court of record in the state or county where
executed, with a certificate of the clerk under the seal of such
court of the genuineness of the signature of such judge; (3) A clerk of a court of record under the seal of the court; or (4) A notary public or justice of the peace of the county or city
of the state or the state and the county, city, or country where
executed, with his seal of office attached; if such notary public
or justice of the peace has no seal, then his official character
shall be certified by a clerk of any court of record in the
county, city, or country of the residence of such notary or
justice of the peace. (b) A deed to realty must be attested by two witnesses, one of whom
may be one of the officials named in subsection (a) of this Code
section. (c) Wherever any deed to realty or personalty executed outside this
state appears by its caption to have been executed in one state and
county and the official attesting witness appears to be an official
of another state or county, which official would not have
jurisdiction to witness such deed in the state and county named in
the caption, the deed, notwithstanding the caption, shall be
conclusively considered and construed to have been attested by the
officer in the state and county in which he had authority to act. (d) This Code section shall not apply to transactions covered by
Article 9 of Title 11. |