Third-party defendant Levine conceded that she notarized the signature of plaintiff's principal, Ralf Preyer, on the collateral mortgage in his absence and with no indication from him that the signature was his. Thus, the mortgage was not a duly acknowledged instrument, and, contrary to Mad52's contention, plaintiff was required to prove forgery only by a preponderance of the evidence, not by clear and convincing evidence (see Bryant v Bryant,
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