In The United States
The office of Commissioner of Deeds is one unique to the United States. During the 19th century, deeds concerning property located in a particular state could only be acknowledged before a Notary Public in that state; if the deeds was acknowledged outside the state where the subject property was located, the grantor would have to find a judge of a court of record to take the acknowledgment. Because of the difficulty in finding a judge, most states created the office of Commissioner of Deeds to allow state officials to be present in other states to assist with the acknowledgment of instruments intended to be used in the state by which the commissioner was appointed. Over time, states began to accept the notarial acts of notaries in other states and the need for commissioners became eradicated. As a result, most of the states abolished the office during the 20th century. Although at one time at least half of all states appointed such commissioners, currently the only states whose statutes authorize such appointment are the states of Colorado, Florida, Kentucky, Maine, Mississippi, Missouri, New Hampshire, New Jersey, New York, Rhode Island, South Dakota, Texas, Virginia, West Virginia, and Wisconsin. Usually the appointment and commission is granted by the state governor or secretary of state. However, even in the states which have laws allowing the appointment of commissioners, the majority of these states no longer grant appointments. Currently, only Florida, New Hampshire, New York and West Virginia still allow the appointment of commissioners.
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