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Civil Code - CIV - CIV § 1189
Civil Code - CIV - CIV § 1189
(a) (1) Any certificate of acknowledgment taken within this state shall include a notice at the top of the certificate of acknowledgment in an enclosed box stating: “A notary public or other officer completing this certificate verifies only the identity of the individual who sign
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Civil Code - CIV - CIV § 1190
Civil Code - CIV - CIV § 1190
The certificate of acknowledgment of an instrument executed on behalf of an incorporated or unincorporated entity by a duly authorized person in the form specified in Section 1189 shall be prima facie evidence that the instrument is the duly authorized act of the entity named in
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Civil Code - CIV - CIV § 1193
Civil Code - CIV - CIV § 1193
Officers taking and certifying acknowledgments or proof of instruments for record, must authenticate their certificates by affixing thereto their signatures, followed by the names of their offices; also, their seals of office, if by the laws of the State or country where the ackn
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Civil Code - CIV - CIV § 1195
Civil Code - CIV - CIV § 1195
(a) Proof of the execution of an instrument, when not acknowledged, may be made by any of the following: (1) By the party executing it, or either of them. (2) By a subscribing witness. (3) By other witnesses, in cases mentioned in Section 1198. (b) (1) Proof of the execution of a
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Civil Code - CIV - CIV § 1196
Civil Code - CIV - CIV § 1196
A witness shall be proved to be a subscribing witness by the oath of a credible witness who provides the officer with any document satisfying the requirements of paragraph (3) or (4) of subdivision (b) of Section 1185.
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Civil Code - CIV - CIV § 1197
Civil Code - CIV - CIV § 1197
The subscribing witness must prove that the person whose name is subscribed to the instrument as a party is the person described in it, and that such person executed it, and that the witness subcribed his name thereto as a witness.
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Civil Code - CIV - CIV § 1198
Civil Code - CIV - CIV § 1198
The execution of an instrument may be established by proof of the handwriting of the party and of a subscribing witness, if there is one, in the following cases: 1. When the parties and all the subscribing witnesses are dead; or, 2. When the parties and all the subscribing witnes
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Civil Code - CIV - CIV § 12
Civil Code - CIV - CIV § 12
Words giving a joint authority to three or more public officers or other persons are construed as giving such authority to a majority of them, unless it is otherwise expressed in the Act giving the authority.
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Civil Code - CIV - CIV § 1200
Civil Code - CIV - CIV § 1200
An officer taking proof of the execution of any instrument must, in his certificate indorsed thereon or attached thereto, set forth all the matters required by law to be done or known by him, or proved before him on the proceeding, together with the names of all the witnesses exa
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Civil Code - CIV - CIV § 1201
Civil Code - CIV - CIV § 1201
Officers authorized to take the proof of instruments are authorized in such proceedings: 1. To administer oaths or affirmations, as prescribed in Section 2093, C ode of C ivil P rocedure ; 2. To employ and swear interpreters; 3. To issue subpoena, as prescribed in Section 1986, C
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Civil Code - CIV - CIV § 1202
Civil Code - CIV - CIV § 1202
When the acknowledgment or proof of the execution of an instrument is properly made, but defectively certified, any party interested may have an action in the superior court to obtain a judgment correcting the certificate.
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Civil Code - CIV - CIV § 1203
Civil Code - CIV - CIV § 1203
Any person interested under an instrument entitled to be proved for record, may institute an action in the superior court against the proper parties to obtain a judgment proving such instrument.
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Civil Code - CIV - CIV § 1204
Civil Code - CIV - CIV § 1204
A certified copy of the judgment in a proceeding instituted under either of the two preceding sections, showing the proof of the instrument, and attached thereto, entitles such instrument to record, with like effect as if acknowledged.
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Civil Code - CIV - CIV § 1205
Civil Code - CIV - CIV § 1205
The legality of the execution, acknowledgment, proof, form, or record of any conveyance or other instrument made before this Code goes into effect, executed, acknowledged, proved, or recorded is not affected by anything contained in this Chapter, but depends for its validity and
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Civil Code - CIV - CIV § 1206
Civil Code - CIV - CIV § 1206
All conveyances of real property made before this Code goes into effect, and acknowledged or proved according to the laws in force at the time of such making and acknowledgment or proof, have the same force as evidence, and may be recorded in the same manner and with the like eff
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Civil Code - CIV - CIV § 1207
Civil Code - CIV - CIV § 1207
Any instrument affecting the title to real property, 90 days after the same has been copied into the proper book of record, kept in the office of any county recorder, imparts notice of its contents to subsequent purchasers and encumbrancers, notwithstanding any defect, omission,
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Civil Code - CIV - CIV § 1213
Civil Code - CIV - CIV § 1213
Every conveyance of real property or an estate for years therein acknowledged or proved and certified and recorded as prescribed by law from the time it is filed with the recorder for record is constructive notice of the contents thereof to subsequent purchasers and mortgagees; a
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Civil Code - CIV - CIV § 1214
Civil Code - CIV - CIV § 1214
Every conveyance of real property or an estate for years therein, other than a lease for a term not exceeding one year, is void as against any subsequent purchaser or mortgagee of the same property, or any part thereof, in good faith and for a valuable consideration, whose convey
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Civil Code - CIV - CIV § 1215
Civil Code - CIV - CIV § 1215
The term “conveyance,” as used in Sections 1213 and 1214, embraces every instrument in writing by which any estate or interest in real property is created, aliened, mortgaged, or incumbered, or by which the title to any real property may be affected, except wills.
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Civil Code - CIV - CIV § 1216
Civil Code - CIV - CIV § 1216
No power contained in an instrument to convey or execute instruments affecting real property which has been recorded is revoked by any act of the party by whom it was executed, unless the instrument containing such revocation is also acknowledged or proved, certified and recorded
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Civil Code - CIV - CIV § 1217
Civil Code - CIV - CIV § 1217
An unrecorded instrument is valid as between the parties thereto and those who have notice thereof.
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Civil Code - CIV - CIV § 1218
Civil Code - CIV - CIV § 1218
A certified copy of an instrument affecting the title to real property, once recorded, or a certified copy of the record of such instrument may be recorded in any other county, and, when so recorded, the record thereof has the same force and effect as though it was of the origina
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Civil Code - CIV - CIV § 1219
Civil Code - CIV - CIV § 1219
Oil and gas leases may be acknowledged or proved, certified and recorded in like manner and with like effect, as grants of real property. However, an oil and gas lease may be recorded and constructive notice of the same and the contents of that lease given in the following manner
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Civil Code - CIV - CIV § 1220
Civil Code - CIV - CIV § 1220
Contracts for the purchase or sale of standing timber or trees, for severance or otherwise, and all instruments in writing by which any estate or interest in, or right to cut, standing timber or trees is created, aliened, mortgaged or encumbered or by which the title to any stand
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Civil Code - CIV - CIV § 1227
Civil Code - CIV - CIV § 1227
Every instrument, other than a will, affecting an estate in real property, including every charge upon real property, or upon its rents or profits, made with intent to defraud prior or subsequent purchasers thereof, or incumbrancers thereon, is void as against every purchaser or