HB 2409
Initials PB Page 1 Commerce
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-sixth Legislature
Second Regular Session
HB 2409: deeds; personal appearance requirement
Sponsor: Representative Gillette, LD 30
Committee on Commerce
Overview
Requires recorded deeds and conveyances to be acknowledged in person before a notary
public.
History
Every deed or conveyance of real property is statutorily required to be signed by the grantor
and be duly acknowledged before a notary public or another individual who is authorized to
take acknowledgments (notarial officer) (A.R.S. § 33-401).
A notarial officer who takes an acknowledgment of a record must determine, from personal
knowledge or satisfactory evidence of the identity of the individual, that the individual
appearing before the officer and making the acknowledgment has the identity claimed and
that the signature on the record is the signature of the individual. If a notarial act relates to
a statement made in or a signature executed on a record, the individual making the
statement or executing the signature shall appear personally before the notarial officer
(A.R.S. §§ 41-253, 41-254).
Statute permits a remotely located individual to comply with the statutory requirements
relating to personal appearance by using communication technology to appear before the
notary public. Communication technology is an electronic device or process that:
1) allows a notary public and a remotely located individual to communicate with each
other simultaneously by sight and sound; and
2) when necessary and consistent with other applicable law, facilitates communication
with a remotely located individual who has a vision, hearing or speech impairment
(A.R.S. § 41-263).
Provisions
1. Requires any deed or conveyance recorded prospectively to be acknowledged in person
before a notary public. (Sec. 1)
2. Prohibits a grantor from using communication technology to appear before a notary public
for a deed or conveyance. (Sec. 1)
3. Makes a conforming change. (Sec. 2)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note