Although it can be done in order to extrapolate so it holding regarding the circumstances and you can code of the Paramount circumstances, we do not believe that brand new Important Legal designed to manage an alternative by itself signal in short term for each and every curiam view, that’s a tiny bit more you to definitely webpage in total. That it per se signal isnt enunciated of the simple code of your court’s decision and this refers only to “acknowledgement” and it is maybe not backed by some of the instances that the Paramount Court cited.

Id. We think Inside re also Zaptocky was instructive and you may supports a discovering one to Kansas has never used an every se laws that the mortgagor’s testimony alone has never been sufficient to overcome the fresh new assumption out of legitimacy of notary’s certificate away from bill. See together with From inside the re Collins, 292 B.R. 842 (towards action having conclusion view, the court experienced if or not debtor’s testimony alone is sufficient to influence that the mortgage try invalid whenever neither witnesses nor notary have been establish at that time the borrowed funds is actually signed). [Read more…]