706.07(5)(a)4. 4. Any other person authorized by federal law to perform notarial acts.
706.07(5)(b) (b) The signature and title of a person performing a notarial act are prima facie evidence that the signature is genuine and that the person holds the designated title.
706.07(5)(c) (c) The signature and indicated title of an officer listed in par. (a) 1., 2. or 3. conclusively establish the authority of a holder of that title to perform a notarial act.
706.07(6) (6)Foreign notarial acts.
706.07(6)(a) (a) A notarial act has the same effect under the law of this state as if performed by a notarial officer of this state if performed within the jurisdiction of and under authority of a foreign nation or its constituent units or a multinational or international organization by any of the following persons:
706.07(6)(a)1. 1. A notary public or notary;
706.07(6)(a)2. 2. A judge, clerk, or deputy clerk of a court of record; or
706.07(6)(a)3. 3. Any other person authorized by the law of that jurisdiction to perform notarial acts.
706.07(6)(b) (b) An “apostille" in the form prescribed by the Hague convention of October 5, 1961, conclusively establishes that the signature of the notarial officer is genuine and that the officer holds the indicated office.
706.07(6)(c) (c) A certificate by a foreign service or consular officer of the United States stationed in the nation under the jurisdiction of which the notarial act was performed, or a certificate by a foreign service or consular officer of that nation stationed in the United States, conclusively establishes any matter relating to the authenticity or validity of the notarial act set forth in the certificate.
706.07(6)(d) (d) An official stamp or seal of the person performing the notarial act is prima facie evidence that the signature is genuine and that the person holds the indicated title.
706.07(6)(e) (e) An official stamp or seal of an officer listed in par. (a) 1. or 2. is prima facie evidence that a person with the indicated title has authority to perform notarial acts.
706.07(6)(f) (f) If the title of office and indication of authority to perform notarial acts appears either in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
706.07(7) (7)Certificate of notarial acts.
706.07(7)(a) (a) A notarial act must be evidenced by a certificate signed and dated by a notarial officer. The certificate must include identification of the jurisdiction in which the notarial act is performed and the title of the office of the notarial officer and may include the official stamp or seal of office. If the officer is a notary public, the certificate must also indicate the date of expiration, if any, of the commission of office, but omission of that information may subsequently be corrected. If the officer is a commissioned officer on active duty in the military service of the United States, it must also include the officer's rank.
706.07(7)(b) (b) A certificate of a notarial act is sufficient if it meets the requirements of par. (a) and it:
706.07(7)(b)1. 1. Is in the short form set forth in sub. (8);
706.07(7)(b)2. 2. Is in a form otherwise prescribed by the law of this state;
706.07(7)(b)3. 3. Is in a form prescribed by the laws or regulations applicable in the place in which the notarial act was performed; or
706.07(7)(b)4. 4. Sets forth the actions of the notarial officer and those are sufficient to meet the requirements of the designated notarial act.
706.07(7)(c) (c) By executing a certificate of a notarial act, the notarial officer certifies that the officer has made the determination required by sub. (2).
706.07(8) (8)Short forms. The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by sub. (7) (a):
706.07(8)(a) (a) For an acknowledgment in an individual capacity:
State of ....
County of ....
This instrument was acknowledged before me on (date) by (name(s) of person(s)).
.... (Signature of notarial officer)
(Seal, if any)
.... Title (and Rank) [My commission expires: ....]
706.07(8)(b) (b) For an acknowledgment in a representative capacity:
State of ....
County of ....
This instrument was acknowledged before me on (date) by (name(s) of person(s)) as (type of authority, e.g., officer, trustee, etc.) of (name of party on behalf of whom instrument was executed).
.... (Signature of notarial officer)
(Seal, if any)
.... Title (and Rank) [My commission expires: ....]
706.07(8)(c) (c) For a verification upon oath or affirmation:
State of ....
County of ....
Signed and sworn to (or affirmed) before me on (date) by (name(s) of person(s) making statement).
.... (Signature of notarial officer)
(Seal, if any)
.... Title (and Rank) [My commission expires: ....]
706.07(8)(d) (d) For witnessing or attesting a signature:
State of ....
County of ....
Signed or attested before me on (date) by (name(s) of person(s)).
.... (Signature of notarial officer)
(Seal, if any)
.... Title (and Rank) [My commission expires: ....]
706.07(8)(e) (e) For attestation of a copy of a document:
State of ...
County of ....
I certify that this is a true and correct copy of a document in the possession of ....
Dated: ....
....(Signature of notarial officer)
(Seal, if any)
..... Title (and Rank) [My commission expires: ....]
706.07(9) (9)Notarial acts affected by this section. This section applies to notarial acts performed on or after November 1, 1984.
706.07(10) (10)Uniformity of application and construction. This section shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this section among states enacting it.
706.07(11) (11)Short title. This section may be cited as the uniform law on notarial acts.
706.07 History History: 1983 a. 492; 1989 a. 123; 1995 a. 449; 1999 a. 85.
706.08 706.08 Nonrecording, effect.
706.08(1)(a) (a) Except for patents issued by the United States or this state, or by the proper officers of either, every conveyance that is not recorded as provided by law shall be void as against any subsequent purchaser, in good faith and for a valuable consideration, of the same real estate or any portion of the same real estate whose conveyance is recorded first.
706.08(1)(b) (b) A conveyance of mineral interests which is not recorded in the office of the register of deeds of the county in which the land is located, within 30 days after it is signed by the lessor, is void.
706.08(2) (2)Where a public tract index or abstract of title index is maintained, an instrument properly indexed therein and recorded at length at the place there shown shall be deemed to be duly recorded for purposes of this section, despite any error or omission in the process of including the instrument, or prior instruments in the same chain of title, in other records. Where an instrument is not properly indexed in such tract or abstract of title index, or where such index is not publicly maintained, the instrument shall be deemed to be duly recorded only if the instrument, together with prior instruments necessary to trace title by use of alphabetical indexes by names of parties, are properly indexed in such alphabetical indexes, and recorded at length at the places there shown. Wherever an instrument is duly recorded hereunder, its record shall be effective as of the date and hour at which it is shown by the general index to have been accepted for record.
706.08(3) (3)When an express trust is created, but its existence is not disclosed in a recorded conveyance to the trustee, the title of the trustee shall be deemed absolute as against the subsequent creditors of the trustee not having notice of the trust and as against purchasers from such trustee without notice and for a valuable consideration.
706.08(4) (4)It shall be conclusively presumed that a person is a trustee of a valid express trust and has full power of conveyance if all of the following occur:
706.08(4)(a) (a) The person is designated as trustee and holds an interest in land as trustee.
706.08(4)(b) (b) The person's authority and powers as trustee are not set forth in a recorded instrument.
706.08(4)(c) (c) The person conveys an interest in land as trustee to a good faith purchaser, as defined in s. 401.201 (2) (qm).
706.08(5) (5)When a conveyance purports to be absolute in terms, but is made or intended to be made defeasible by force of another instrument for that purpose, the original conveyance shall not be thereby defeated or affected as against any person other than the maker of the defeasance or the maker's heirs or devisees or persons having actual notice thereof, unless the instrument of defeasance has been recorded in the office of the register of deeds of the county where the lands lie.
706.08(6) (6)The recording of an assignment of a mortgage shall not in itself be deemed notice of such assignment to the mortgagor so as to invalidate any payment made to the mortgagee without actual notice of such assignment.
706.08(7) (7)No letter of attorney or other instrument containing a power to convey lands, when executed and recorded under this chapter, shall be deemed to be revoked by any act of the party by whom it was executed unless the instrument containing such revocation is also recorded in the same office in which the instrument containing the power was recorded, and such record shall import notice to all persons, including the agent named in said letter of attorney of the contents thereof. The death of the party executing such letter of attorney shall not operate as a revocation thereof as to the attorney or agent until the attorney or agent has notice of the death, or as to one who without notice of such death in good faith deals with the attorney or agent.
706.08 Annotation An unrecorded conveyance, if delivered, is valid against judgment creditors since they are not bona fide creditors for value. West Federal Savings & Loan v. Interstate Investment, 57 Wis. 2d 690, 205 N.W.2d 361 (1973).
706.08 Annotation A purchaser having constructive notice that there may have been an unrecorded conveyance was not a “purchaser in good faith" under sub. (1) (a). Kordecki v. Rizzo, 106 Wis. 2d 713, 317 N.W.2d 479 (1982).
706.08 Annotation An original mortgagee's knowledge of a prior mortgage not properly of record will not be imputed to an assignee of the mortgage with no knowledge of the prior mortgage and does not render the assignee not a purchaser in good faith under sub. (1) (a) who cannot claim priority. The Bank of New Glarus v. Swartwood, 2006 WI App 224, 297 Wis. 2d 458, 725 N.W.2d 944, 05-0647.
706.08 Annotation “Good faith" for purposes of sub. (1) (a) exists only when there is no notice under s. 706.09. Anderson v. Quinn, 2007 WI App 260, 306 Wis. 2d 686, 743 N.W.2d 492, 06-2462.
706.085 706.085 Correction instruments.
706.085(1)(1)Entitled to be recorded; purposes. An instrument correcting a previously recorded conveyance shall be entitled to record in accordance with s. 706.05 in the office of the register of deeds of the county in which the conveyance is recorded and shall include one or more of the following:
706.085(1)(a) (a) The correction of a legal description, including a distance; angle; direction; bearing; chord; lot, block, unit, or building number or letter; appurtenant easement; section number; township name or number; municipality, county, or state name; range number or meridian; certified survey map number; or subdivision or condominium name.
706.085(1)(b) (b) The addition, correction, or clarification of information other than a legal description, including any of the following information:
706.085(1)(b)1. 1. A party's name, including the spelling of the name; a first or middle name or initial; a name suffix, such as senior or junior; alternate names by which the party is known; or a description of an entity as a corporation, company, or similar identifier.
706.085(1)(b)2. 2. A party's marital status.
706.085(1)(b)3. 3. The date on which the conveyance was executed.
706.085(1)(b)4. 4. Whether the property is a homestead.
706.085(1)(b)5. 5. The tax parcel number.
2015-16 Wisconsin Statutes updated through 2017 Wis. Act 367 and all Supreme Court and Controlled Substances Board Orders effective on or before June 13, 2018. Published and certified under s. 35.18. Changes effective after June 13, 2018 are designated by NOTES. (Published 6-13-18)