6.32 Foreign Language Documents

6.32.1

In General

As a general rule, deeds, mortgages, and other real estate documents written in a foreign language, although valid between the parties to a transaction, usually do not impart constructive notice when recorded. Recorded instruments in a foreign language must be accompanied by an official translation or in some states, only the English translation.

If the foreign language instrument has been executed in the United States and validly acknowledged in accordance with the laws of the state where the land is located, the attachment thereto of an official translation made either in the United States by a consulate officer of the country in which the language is spoken or in the country of origin by a duly empowered officer will generally meet the state recording requirements.

If the foreign language instrument has been executed outside the United States and its foreign certificate of acknowledgment complies with the laws of the state where the land is located, the attachment thereto of an official translation made by an authorized U.S. consulate officer established in the country of origin will generally meet the state recording requirements.


41-326. Apostille

An apostille prescribed by the Hague convention, as cited in 28 United States Code in annotations to rule 44 of the federal rules of civil procedure, shall be in the form of a square with sides at least nine centimeters long and shall contain exactly the following wording:

Apostille

(Convention de la haye du 5 Octobre 1961)

1. Country: ___________________________________________

This public document

2. Has been signed by ___________________________________

3. Acting in the capacity of ___________________________

4. Bears the seal/stamp of ______________________________

Certified

5. At ____________________

6. The ____________________

7. By ___________________________________________________

8. No. _________________________________________________

9. Seal/stamp

10. Signature _______________________

Acknowledgments using the Apostille format do not have to be in English.