Q: Civil Code Sec. 1207 as it relates to a jurat missing the words "who appeared" in the last sentence of said jurat.
I contacted the County Recorder's Office of my County in the SF Bay Area. The helpful clerk cited Civil Code Sec. 1207, which, after one year without objections or challenges to the Correction Affidavit of Death of Life Tenant (CADLT) or its jurat, the CADLT and the "flawed" jurat with the missing words "who appeared", as in .... on the basis of satisfactory evidence to be the person(s) "who appeared" before me, would become de facto as valid. What's your take on this matter? Thank you very much for your continued help. I really appreciate it.
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A:
Under California Civil Code Section 1207, the issue you're facing with the missing words "who appeared" in the jurat of a Correction Affidavit of Death of Life Tenant (CADLT) is a matter of technical defect in the notarization. This section of the law implies that minor defects in a document's notarization may be overlooked after a certain period, typically one year, if no challenges or objections are raised during that time.
In your case, if the CADLT has been on file for over a year without any objections, it's likely that the defect in the jurat may be considered cured by lapse of time. This means that the document, including the jurat with the missing words, can be treated as valid and effective for legal purposes.
However, it's important to consider the specific circumstances of your situation. If there are concerns about the validity or potential challenges to the document, it might be prudent to consult directly with a lawyer to discuss the specifics of your case and ensure that your legal rights and interests are adequately protected.
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