(a) A deed concerning lands, tenements or hereditaments within this State may be acknowledged or proved, or may be taken out of the State before any consul general, consul, vice-consul, consular agent, or commercial agent of the United States, duly appointed in any foreign country, at the places of their respective official residence, the judge of any United States District Court or United States Court of Appeals, or any judge of a court of record of any state, territory or country, or the mayor or chief officer of any city or borough, and certified under the hands of such judge, mayor or officer, and the seal of that official's office, court, city or borough, by certificate indorsed upon or annexed to the deed; or such acknowledgment or proof may be taken in such court and certified under the hand of the clerk, or other officer of the court, and the seal of the court in like manner. If certified by a judge, the seal of that judge's court may be affixed to that judge's certificate or to a certificate of attestation of the clerk, or keeper of the seal.
(b) Acknowledgment and proof of a deed may also be taken out of this State by any commissioner of deeds, appointed by the governor in any of the states or territories of the United States, or in the District of Columbia, or in the possessions of the United States, or in foreign countries, the deed to be certified, in like manner, under the hand and seal of the commissioner.
(c) Any deed concerning lands, tenements or hereditaments within this State, any other instrument of writing whatsoever, or any affidavit or other statement requiring acknowledgment or proof may be so acknowledged and proved out of this State before a notary public of any state or territory or of the District of Columbia. The provisions of this paragraph shall extend to affidavits of demand and defense as provided for in § 3901 of Title 10.
Structure Delaware Code
Subchapter II. Form, Acknowledgment and Proof of Deeds and Other Legal Instruments
§ 121. Form of deed; legal effect; other forms as valid.
§ 122. Acknowledgment and proof of deeds.
§ 123. Certification of acknowledgment or proof.
§ 124. Acknowledgment and execution of deed by married woman deserted without just cause.
§ 125. Place for taking acknowledgment or proof.
§ 126. Certification of acknowledgments by justices of the peace; form.
§ 127. Acknowledgment of corporate deeds or other instruments.
§ 128. Certification of acknowledgments by Mayor of Wilmington; fee.
§ 129. Acknowledgment or proof outside State.
§ 130. Notarial acts by members of the armed forces.
§ 131. Validation of certain instruments as deeds.
§ 132. Validity of legal instruments having defective acknowledgments; admissibility in evidence.
§ 133. Address of grantee on deed.