What do courts generally rule regarding deeds that lack notarization?

Courts generally rule that deeds lacking notarization can still hold legal weight under certain conditions. In many jurisdictions, a deed does not necessarily need to be notarized to be valid, provided it meets certain statutory requirements, such as being in writing and signed by the grantor. Although notarization adds an extra layer of authenticity and is often preferred for the purpose of preventing fraud, the absence of a notary does not automatically invalidate the deed.

In fact, courts may allow the enforcement of such deeds if there is sufficient evidence to demonstrate the intent of the parties involved and that the deed was duly executed. This means that if the signatures are clearly authentic and the context around the transaction supports its validity, the deed could still be enforceable, even without notarization.

This understanding underlines the flexibility in real estate transaction law, where courts often look beyond formality to the intent of the parties and the substantive elements of the transaction.