NYS Notary Practice Exam 2021 with complete solutions

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If a notary refuses to notarize an affidavit presented for NY notary mobile services, what is the potential maximum jail sentence? - ANSWER 1 year Proof certificate - ANSWER The notary certificate ... of a witness to the execution of a real estate conveyance What are the requirements to become a notary public in NYS - ANSWER at least 18 years of age, resident or qualified non-resident, no special education or common school level? if a notary moves to another state but still works in NYS he/she - ANSWER still is a qualified non-resident resident Errors a notary can make that will not make the foregoing instrument (document) get unrecorded - ANSWER if the notary public was purporting to be a notary but was not licensed, if the commission was expired, if a NY notary notarizes in another state If your neighbor that you know asks you to notarize an affidavit you must - ANSWER administer an oath and fill out the jurat Affidavit - ANSWER a signed statement, duly sworn to, by the maker thereof, before a notary public or other officer authorized to administer oaths Jurat - ANSWER Part of an affidavit where the notary public certifies that it was sworn to before him (sworn before me on ... day of ...) What is the name of the location where the notary notarizes something - ANSWER venue a non-attorney notary may - ANSWER administer an oath of office for a military officer what is the county clerk fee for a certificate of official character - ANSWER $1 which of the following acts can be performed by a notary public on a sunday - ANSWER affidavit Conveyance - ANSWER every instrument in writing, except a will that transfers real estate interests; deed Deponent - ANSWER one who makes oath to a written statement a person subscribing a deposition; used interchangeably with affiant The notary fee for a protest of non-payment - ANSWER .75 cents for the first one and .10 cents thereafter a limit of 5 Statement of authority - ANSWER what a notary places below the notary signature the appointment of a notary public is approved by - ANSWER the secretary of state The fee for changing your name for marriage purposes and updating the state - ANSWER free if you are getting married Who must be with a bank employee to witness the terminated lease opening of an abandoned safety deposit box - ANSWER notary public who can translate a deed into another language to be filed in a NY county clerk - ANSWER translator with certificate of designation by the county judge What can happen to a notary for doing something illegal or with malfeasance - ANSWER can be summoned to a NYS tribunal hearing for license revocation, go to criminal court as a defendant, and sued for $ damages in civil court What do the two witnesses to a will sign - ANSWER attestation clauses attestation clause - ANSWER the clause wherein the witnesses certify that the instrument has been executed before them, and the manner of the execution the same Chattel - ANSWER personal property who issues certificates involved in various notary public procedures - ANSWER county clerk's offices, secretary of state's offices, and the notary public Executor - ANSWER the one named in the will to carry out the provisions of a will Fee charged to a person for an affidavit at the county clerk's office - ANSWER free during normal business hours maximum sentence for class D felony - ANSWER 7 years maximum sentence for class A misdemeanor - ANSWER 1 year maximum sentence for a class E felony - ANSWER 4 years Mandatory sentence for a class D felony conviction - ANSWER 3 years sentence for class 2X felonies - ANSWER no such thing as 2X exists Apostile - ANSWER something certified for international use where is the notary public law located - ANSWER the public officer's law AKA notary public license law What was completed by a county clerk when issuing an 'authentication certificate' and charging a $3 fee - ANSWER verified the notary public signature is authentic Professional misconduct - ANSWER when a notary does something while aware it is not procedurally correct or notarizing knowing there is a fake ID involved Can a convicted felon hold the office of a notary public - ANSWER yes can a notary who is also an officer of a corporation notarize for her own corporation - ANSWER yes for employees and fellow corporate offices but only if she is not a party to the instrument individually or as a co representative Requirement for an indictment for perjury on an affidavit - ANSWER affiant saying 'I do' or words of like meaning after the oath is read Laches - ANSWER the delay or negligence in asserting one's rights in court Acknowledgement - 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 attest - ANSWER to witness the execution of a written instrument, at the request of the person who makes it, and subscribe the same as a witness authentication (notarial) - ANSWER a certificate subjoined by a county clerk to any certificate of proof or acknowledgement or oath signed by a notary; authenticates or verifies the authority of the notary public to act as such Bill of sale - ANSWER a written instrument given to pass title of personal property from vendor to vendee Certified copy - ANSWER a copy of a public record signed and certified as a true copy by the public official having custody of the original *a notary public has no authority to issue certified copies. notaries must not certify to the authenticity of legal documents and other papers required to be filed with foreign consular officers administrator - ANSWER a person appointed by the court to manage the estate of a deceased person who left no will affiant - ANSWER the person who makes and subscribes his signature to an affidavit Chattel paper - ANSWER a writing or writings which evidence both an obligation to pay money and a security interest in a lease or specific goods security agreement - ANSWER agreement which creates or provides for the security interest codicil - ANSWER an instrument made subsequent to a will and modifying it in some respects; additional, modified, or supplemental information attached Consideration - ANSWER anything of value given to induce entering into a contract ex: money, personal services contempt of court - ANSWER behavior disrespectful of the authority of a court which disrupts the execution of court orders contract - ANSWER an agreement between competent parties to do or not to do certain things for legal consideration, whereby each party acquires a right to what the other possesses conveyance - ANSWER deed; every instrument in writing except a will, by which any estate or interest in real property is created, transferred, assigned, or surrendered Deposition - ANSWER the testimony of a witness taken out of court or other hearing proceeding, under oath or by affirmation, before a notary public or other person, officer or commissioner before whom such testimony is authorized by law to be taken, which is intended to be used at the trial or hearing Duress - ANSWER unlawful constraint exercised upon a person whereby he is forced to do some act against his will Escrow - ANSWER the placing of an instrument in the hands of a person as a depository who on the happening of a designated event, is to deliver the instrument to a third person. Once established, this agreement should be unalterable Ex parte - ANSWER from one side only; a hearing or examination in the presence of, or on papers filed by, one party and in the absence of another felony - ANSWER a crime punishable by death or imprisonment in a state prison guardian - ANSWER a person in charge of a minor's person or property judgement - ANSWER decree of a court declaring that one individual is indebted to another and fixing the amount of such indebtedness lease - ANSWER a contract whereby, for a consideration, usually termed rent, one who is entitled to the possession of real property transfers such right to another for life, for a term of years or at will lien - ANSWER a legal right or claim upon a specific property which attaches to the property until a debt is satisfied litigation - ANSWER the act of carrying on a lawsuit misdemeanor - ANSWER any crime other than a felony mortgage on real property - ANSWER an instrument in writing, duly executed and delivered that creates a lien upon real estate as security for the payment of a specified debt, which is usually in the form of a bond notary public - ANSWER a public officer who executes acknowledgements of deeds or writings in order to render them available as evidence of the facts therein contained; administers oaths and affirmation as to the truth of statements contained in papers or documents requiring the administration of an oath oath - ANSWER a verbal pledge given by the person taking it that his statements are made under an immediate sense of this responsibility to God, who will punish the affiant if the statements are false plaintiff - ANSWER a person who starts a suit or brings an action against another power of attorney - ANSWER a written statement by an individual giving another person the power to act for him proof - ANSWER the 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 such instrument protest - ANSWER a formal statement in writing by a notary public, under seal, that a certain bill of exchange or promissory note was on a certain day presented for payment, acceptance, and that such payment or acceptance was refused signature of notary public - ANSWER notary public must sign the name under which he was appointed. in addition to signature and venue, the notary public shall print or stamp between his signature in black ink: his name, "Notary Public State of New York", the name of the county qualified in, and commission expiration date statute - ANSWER a law established by an act of the legislature statute of limitations - ANSWER a law that limits the time within which a criminal prosecutor or a civil action must be started subordination clause - ANSWER a clause which permits the placing of a mortgage at a later date which takes priority over an existing mortgage Sunday duty allowance - ANSWER notary public may administer an oath or take an affidavit or acknowledgement on a sunday. a deposition cannot be taken on a sunday in a civil proceeding swear - ANSWER term includes every mode authorized by law for administering an oath taking an acknowledgement - ANSWER the act of the person named in an instrument telling the notary public that he is the person named in the instrument and acknowledging that he executed such instrument; also includes the act of the notary public in obtaining satisfactory evidence of the identity of the person whose acknowledgement is taken; notary public certifies to the taking of the acknowledgement when the notary signs his official signature to the form setting forth the fact of the taking of the acknowledgement venue - ANSWER the geographical place where a notary public takes an affidavit or acknowledgement Will - ANSWER the disposition of one's property to take effect after death [Show More]

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