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Index
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Notary
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Chapter 1
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Level 1
level: Level 1
Questions and Answers List
level questions: Level 1
Question
Answer
A formal declaration before a duly authorized officer by a person who has executed an instrument that such execution is his act and deed.
Acknowledgment
A person appointed by the court to manage the estate of a deceased person who left no will
Administrator
The person who makes and subscribes his signature to an affidavit
Affiant
A solemn declaration by persons who conscientiously decline taking an oath
Affirmation
Department of state authentication attached to a notarized and county-certified document for possible international use
Apostille
To witness the execution of a written instrument at the request of the person who makes it, and subscribe the same as a witness
Attest
That clause (ex: at the end of a will) wherein the witnesses certify that the instrument has been executed before them, and the manner of the execution of the same
Attestation Clause
A certificate subjoined by a county clerk to any certificate of proof or acknowledgment or oath signed by a notary --- county clerk certificate that authenticates the authority of a notary
Authentication
A written instrument give to pass title of personal property from vendor to vendee
Bill of sale
S copy of a public record signed and certified as a TRUE COPY by the public official having custody of the original
Certified Copy
Personal property, such as household goods or fixtures
Chattel
A mortgage on a personal property as opposed to a mortgage on real property
Chattel Mortgage
A writing which evidence both an obligation to pay money and security interest in a lease or specific goods
Chattel Paper
Creates or provides for the security interest
Security agreement
An instrument made subsequent to a will and modifying it in some respects
Codicil
Anything of value given to induce entering into a contract; money, personal services, or even love and affection
Consideration
Those for whom we provide notarial services
Constituents
Behavior disrespectful of the authority of a court which disrupts the execution of court orders
Contempt of Court
An agreement between competent parties to do or not to do certain things for a legal consideration, whereby each party acquires a right to what the other possesses
Contract
Every instrument in writing, except a will, by which any estate or interest in real property is created, transferred, assigned or surrendered
Conveyance
One who makes oath to a written statement. Technically, a person subscribing a deposition but used interchangeably with "Affiant"
Deponent
Testimony of a witness taken out of court or other hearing proceeding, under oath or affirmation, before a notary or other person, officer or commissioner before whom such testimony is authorized by law to be taken, used at a trial or heaeaing
Deposition
Unlawful constraint exercised upon a person whereby he is forced to do some act against his will
Duress
Placing of an instrument in the hands of a person as a depository who is to deliver the instrument to a third person. UNALTERABLE
Escrow
The complete or sign
Execute
One named in a will to carry out the provisions of the will
Executer
FROM ONE SIDE ONLY - a hearing or exam in the presence of or on papers filed by ONE PARTY and in the absence of the other
Ex Parte
Crime punishable by death or imprisonment in a state prison
Felony
Person in charge of a minor's person or property
Guardian
A legal document
Instrument
Decree of a court declaring that one individual is indebted to another and fixing the amount of such indebtedness
Judgment
The delay or negligence in asserting one's legal rights
Laches
Contract where one who is entitled to the possession of real property transfers such right to another for a term
Lease
Legal right to claim upon a specific property which attaches to the property until a dept is satisfied
Lien
The act of carrying on a lawsuit
Litigation
Any crime other than a felony
Midsemeanor
Instrument in writing, duly executed and delivered that creates a lien upon real estate as security for the payment of a specified dept,
Mortgage on real property
Executes acknowledgements of deeds/writings in order to render them available as evidence; administers oaths and affirmations as to the truth of statements contained in documents requiring the administration of an oath
Notary Public
135 of the executive law
Where is the notary's general authority defined
A verbal pledge given by the person taking it that his statements are made under an immediate sense of the responsibility to god, who will punish the affiant if the statements are false
Oath
A person who starts a lawsuit or brings legal action against another
Plantiff
A written statement by an individual giving another person the power to act for them
Power of Attorney
Formal declaration made by a subscribing witness to the execution of an instrument setting forth his place of residence, that he knew the person described in and who executed the instrument and that he saw such person execute the instrument
Proof
Formal statement by writing by a notary under seal, that a certain bill of exchange or note was on a certain day presented for payment or acceptance, and that payment or acceptance was refused
Protest
The laws of the state of NY do not require the use of seals by notaries
Seal
the NAME OF THE NOTARY, and the WORDS "notary public for the state of NY"
The Only Inscription required by a notary
A law established by an act of the legislature
Statute
State law that provides that certain contracts must be in writing or partially complied with, in order to be enforceable at law
Statue of frauds
Law that limits the time within which a criminal prosecution or a civil action must be started
Statute of Limitations
Permits the placing of a mortgage at a later date which takes priority over an existing mortgage
Subordination Clause
A Deposition
What can't be taken on a sunday?
Includes every mode authorized by law for administering an oath
Swear
The act of the person in an instrument telling the notary that he is the person named in the instrument and acknowledging that he executed such instrument
Taking an acknowledgement
When the notary signs his official signature to the form setting forth the fact of taking the acknowledgement
When does the notary "certifies to the taking of the acknowledgement"?
the MALE person making a will
Testator
The FEMALE personal making a will
Testatrix
The place where a notary takes an affidavit or an acknowledgement
Venue
The deposition of one's property to take effect after death
Will
The deposition of one's property to take effect after death
Will
The deposition of one's property to take effect after death
Will
4-6 weeks
How long will the notary ID card be issued after application?
Protects the notary from lawsuits and provide evidence against false claims by signers
The notary journal
County Clerk
Name change must be notified to whom?
$10
Fee for a non-marital status name change or address change
3 months prior to the expiration
Renewing notary applicants must begin the process when?
file a Certificate of Official Character with Stueben county
A notary lives in Ontario county but works in stueben county. she notarizes documents signed while at work and often needs to have her signature authenticated. what can she do in order to have this done in stueben county instead of ontario?
identified the signer with valid ID if not personally known by the Notary
When taking an acknowledgment from a signer the Notary partly guarantees having:
Has a law degree and has passed the bar examination in the state where he/she practices
A Notary Public CANNOT give legal advice EXCEPT when he/she
Are commissioned at the discretion of the Secretary of State under Executive Laws
All persons commissioned as notaries public in New York