Attest

Definition

Attest in real estate refers to the act of verifying and thereby affirming that certain documentation or processes have been accurately executed. This is typically performed by an impartial third party who has no vested interest in the transaction. It ensures the integrity and authenticity of the transaction by observing and certifying the signatures or facts in the document.

Examples

Notarization of Deeds: A Notary Public attests to the signing of a property deed to ensure that all parties signing the document are who they claim to be and are signing of their own free will.
Contract Witnessing: When purchasing a home, a buyer may require a third party to witness and attest to the signing of the contract between the buyer and seller.
Loan Agreements: Lenders often require a notary to attest to the authenticity of signatures on mortgage documents.

Frequently Asked Questions (FAQs)

Why is attestation important in real estate transactions?

Attestation adds legal assurance to the authenticity of documents and the identity of the signatories. It deters fraud and ensures the adherence to legal requirements.

Who can attest real estate documents?

Typically, a licensed Notary Public or other legally authorized person (such as a legal witness) can attest to real estate documents.

What types of documents in real estate might require attestation?

Common documents include property deeds, mortgage applications, lease agreements, and power of attorney forms.

Can attestation be done remotely?

Yes, remote notarization is possible in many jurisdictions through video conferencing technologies that comply with specific legal requirements.

What is the difference between notarization and attestation?

Notarization involves a notary public confirming the identity and willingness of the document signers, while attestation more broadly refers to any witnessing of signing and verification, not necessarily by a notary.

Notarization: A formal process by which a Notary Public certifies the legitimacy of signatures on a document.
Authentication: Providing evidence to confirm the validity of an act or document.
Legal Witness: An individual present to observe and provide verification of the act of signing a document.
Certification: The process of officially recognizing someone’s performance to a set standard, which could be academic, professional, or procedural.

Online Resources

National Notary Association - Provides extensive resources and training for notaries.
American Bar Association - Offers legal resources regarding the notarization and attestation processes.
U.S. Department of State Notarization - Information on notarization services, including those performed abroad.

References

Real Estate Law by Robert Aalberts.
The Complete Book of Real Estate Contracts by Mark Warda.
Real Estate Principles by David C. Ling and Wayne R. Archer.

Suggested Books for Further Studies

“Real Estate Law, 11th Edition” by Robert Aalberts: This book offers a comprehensive look at the laws and regulations governing real estate.
“The Complete Book of Real Estate Contracts” by Mark Warda: An easy-to-understand guide covering real estate contracts and notarization.
“Real Estate Principles: A Value Approach” by David C. Ling and Wayne R. Archer: A comprehensive look at real estate from an educational perspective.

Real Estate Basics: Attest Fundamentals Quiz

### Who typically attests the signing of real estate documents? - [ ] The buyer - [ ] The seller - [x] Notary Public - [ ] Real estate agent > **Explanation:** A Notary Public is a licensed individual who acts as an impartial witness to the signing of documents, ensuring their legitimacy. ### What main purpose does attestation serve in a real estate transaction? - [x] Ensures document authenticity - [ ] Lowers transaction cost - [ ] Guarantees market value - [ ] Accelerates the sales process > **Explanation:** Attestation ensures the authenticity of documents and the identity of signatories, crucial for legal and fraud prevention purposes. ### Can attestation be done by a real estate agent? - [ ] Yes, always - [x] Only if licensed as a notary - [ ] No, never - [ ] Yes, if authorized by the buyer > **Explanation:** A real estate agent can attest documents only if they are also a licensed notary; otherwise, they cannot provide such a service. ### What is required for a successful attestation process? - [x] Proper identification of all parties signing - [ ] Presence of a lawyer - [ ] Appraisal of property - [ ] Title insurance > **Explanation:** Proper identification is crucial for attestation to verify the identity of signatories, ensuring they are who they claim to be. ### Which document typically requires attestation in mortgage applications? - [ ] Property appraisal report - [x] Loan agreement - [ ] Title deed - [ ] Insurance policy > **Explanation:** Mortgage applications often require attestation for the loan agreement to verify the authenticity of the signatories' identities. ### What does remote attestation typically involve? - [x] Video conferencing technologies - [ ] Physical presence of all parties - [ ] Postal mail coordination - [ ] Phone confirmations > **Explanation:** Remote attestation generally involves video conferencing technologies which allow for real-time identity verification and witnessing of signatures. ### What agency oversees notary practices in the United States? - [ ] Federal Trade Commission - [x] National Notary Association - [ ] Department of Real Estate - [ ] Internal Revenue Service > **Explanation:** The National Notary Association provides oversight and resources for notaries in the United States, ensuring proper practices. ### Why might a lease agreement need to be attested? - [ ] To determine market rates - [ ] To troubleshoot property disputes - [x] To verify the landlord-tenant agreement - [ ] To assist with interior decoration plans > **Explanation:** Attestation of a lease agreement helps verify and certify the agreement between landlord and tenant, ensuring its enforceability. ### Which of the following is NOT a duty of a notary public? - [x] Appraising property value - [ ] Verifying identity of signatories - [ ] Witnessing document signing - [ ] Administering oaths > **Explanation:** Appraising property value is not a duty of a notary public; their primary role is to witness and certify document signing processes. ### What ensures the legal standing of an attested document? - [ ] Tax assessment - [x] Certification by a notary public - [ ] Casual witness acknowledgment - [ ] Local government approval > **Explanation:** Certification by a notary public ensures the legal standing of attested documents by confirming their authenticity and signatories' identities.