In real estate transactions, it is common practice for parties to initial each page of a mortgage or deed- but is this legally required? Here’s a look at how courts across jurisdictions have handled this question:

Witness Signatures and Attestation – Not Initials- Often Determine Validity
In Wells Fargo Bank, N.A. v. Gordon (In re Codrington), 691 F.3d 1336 (11th Cir. 2012), the Court held that a mortgage’s validity hinged on proper attestation, not on where initials or signatures appeared. Ultimately, the deed in question was deemed unrecordable under O.C.G.A. § 44-14-33 due to the lack of proper attestation—not because it lacked initials on each page. The court states that, “we think that Wells Fargo appears to have a colorable argument that Georgia law does not require the attestations to be found in a particular place in every document (the signature page), as Gordon’s position seems to imply.” (Wells Fargo Bank, N.A. 691 F.3d at 1354-55)
Initials Not Generally Required for Enforceability
In 21647 LLC v. Deutsche Nat’l Tr. Co., 632 F. Supp. 3d 270 (S.D.N.Y. 2022), the court confirmed that the absence of initials on each page of a mortgage did not affect the plaintiff’s status as a bona fide purchaser. The court made clear that unless a statute or contract explicitly requires initials, the failure to include them will not render a mortgage or deed invalid.
When Initialing Matters: Implied Consent to Terms
While not typically a legal requirement, courts have occasionally considered initials as supporting evidence of a party’s assent to particular provisions—especially those that may later be subject to dispute.
- In Lacey v. EMC Mortg. Corp., U.S. Dist. LEXIS 41400 (W.D.N.C. Apr. 6, 2011), the Court considered the presence of initials as indicative of the party’s consent to the contents of each page. This could be particularly relevant in an instance where, for instance, an arbitration clause is contested.
Initials Are No Substitute for Signatures

In Wells Fargo Bank, N.A. v. Hall, 95 Va. Cir. 377 (Cir. Ct. 2017), the Court emphasized that initialing every page does not compensate for a missing required signature. In other words, initials may demonstrate agreement, but they do not replace formal execution requirements under applicable state law.

Bottom Line:

While initialing each page of a deed/mortgage can serve as a helpful safeguard against disputes, case law suggests it is not typically required for the deed to be recordable- unless specified by state law or contract terms.

Courts place greater emphasis on whether the document is signed, properly attested, and whether its terms are clearly agreed upon. Still, initialing may serve as strong evidence of consent, especially in cases where the enforceability of specific provisions- like arbitration clauses- is challenged.