NYC Notary Terms Questions and Answers

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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 The notary certificate of a witness to the executi... on of a real estate conveyance is called - ANSWER Proof certificate Which of the following is in the requirements to become a Notary Public in New York? - ANSWER Be at least 18 years old, no special education or common school level, be a resident and or a qualified non-resident resident. If a Notary moves to another state but still works in NYC he/she: - ANSWER Still qualified non-resident-resident Which of the following are errors a notary can make that will not make the foregoing instrument get unrecorded? - ANSWER If the Notary Public was purporting to be a notary but was not licensed. If the Notary Public commission was expired. If a New York Notary notarizes in another state. If your neighbor you know asks you to notarize an affidavit you must? - ANSWER Administer an Oath & fill out the Jurat. What is the name of the location where the Notary notarizes something? - ANSWER Venue Which of the following activities may a non-attorney Notary perform? - ANSWER Administer an oath of office for a military officer. What is the County Clerk fee for a certificate of Official Character? - ANSWER $5 Which of the following acts can be performed by a Notary Public on Sunday? - ANSWER Affidavit What is every instrument in writing, except a will that transfers real estate interests? - ANSWER Conveyance (Deed) Latin name for the words, "Sworn to before me this _______ day of ______". - ANSWER Jurat What is a New York State Notary Public conflict of interest? - ANSWER Legal Consideration A deponent is? - ANSWER Someone ordered to a hearing out of court called a deposition What is the notary fee for a protest of non-payment? - ANSWER .75 cents for the first one and .10 cents thereafter limit of 5 What is the name of what a Notary places below the Notary signature? - ANSWER Statement of Authority Who approves the appointment of a Notary Public? - ANSWER Secretary of State What is the fee for changing name for marriage purposes and updating the State? - ANSWER Free for anyone changing names for marriage purposes Who must be with a bank employee to witness the terminated lease opening of a an abandoned safety deposit box? - ANSWER A 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. Can go to criminal court as a defendant. Can be sued for $ damages in Civil court. What do the two witnesses to a will sign? - ANSWER Attestation clauses What is Chattel? - ANSWER Personal property such as household goods or fixtures. Who issues certificates involved in various Notary Public procedures? - ANSWER The county clerks offices, the Secretary of State's offices, and the Notary Public. What is an Executor - ANSWER The one named in the will to carry out the provisions of a will. What is the fee charged to a person for an affidavit at the County Clerks Office? - ANSWER Notary services are free during normal business hours. What is the maximum jail sentence for a class D Felony? - ANSWER 7 years What is the maximum sentence for class A misdemeanors? - ANSWER 1 year What is the maximum sentence for a Class E felony? - ANSWER 4 years What is the mandatory sentence for a class D felony convictions? - ANSWER 3 years What is the sentence for Class 2X felonies? - ANSWER There is no 2X felony What is an Apostle? - 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. Which of the following is, "Professional Misconduct"? - ANSWER When a Notary does something while aware it is not procedurally correct. Notarizing knowing there is a fake ID involved. Which of the following people can't hold the office of Notary Public? - ANSWER A convicted felon. Can a Notary who is also an officer of a corporation notarize for her own corp.? - ANSWER Yes for employees and even fellow corporate officers. Yes but only if she is not a party to the instrument individually or as a Co. Rep. Who has some limited rights to practice law as a non-attorney? - ANSWER Law students after 2 semesters and have not failed bar exam 2 times. Prevention of cruelty officers. You practicing law for yourself only. What is required for an indictment for perjury on an affidavit? - ANSWER Affiant saying "I do" or words of like meaning after the oath is read. What is "Laches"? - ANSWER The delay or negligence in asserting one's rights in court. Affidavit - ANSWER A signed statement, duly sworn by the maker thereof, before a Notary Public or other officer authorized to administer Oaths. Affirmation - ANSWER A solemn declaration by persons who conscientiously decline taking an Oath Apostile - ANSWER Department of State authentication attached to a notarized and count-certified document for possible international use. Acknowledgment - 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. the certificate of an officer, duly empowered to take a proof of the conveyance of real property. 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. 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. Attestation Clause - ANSWER The clause (e.g. 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. Authentication - ANSWER (Notarial) A certificate subjoined by a county clerk to any certificate of proof or acknowledgment or oath signed by a notary; this county clerk's certificate 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 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. The agreement which creates or provides for the security interest is known as a security agreement. Codicil - ANSWER An instrument made subsequent to a will and modifying it in some respects. Consideration - ANSWER Anything of value given to induce entering into a contract; it may be money, personal services, or even love and affection. 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 a legal consideration, whereby each party acquires a right to what the other possesses. What is the term length of commission - ANSWER 4 years Who may be appointed without an exam - ANSWER an attorney admitted to practice in nys fee for becoming notary - ANSWER $60 Who can authenticate the signature of the notary upon request? - ANSWER county clerk when is authentication of notary signature by county clerks normally obtained - ANSWER when the documents will be used outside the state. Why would one elect to file a certificate of official character? - ANSWER If they expect to sign documents regularly in counties other than that of their residence. Where must the oath of office and signature of the notary be filed - ANSWER In the office of the county clerk of the county in which the office is located.. How soon must you apply for reappointment as a notary public to to have qualifying requirements waived? - ANSWER 6 months or 1 year if they were enlisted in armed forces What does a convicted felon need to qualify? - ANSWER executive pardon, or certificate of relief, or certificate of good conduct How much of the app fee is transmitted by the secretary of state to the county clerk? And how much is transmitted by the ocunty clerk to the secretary of state - ANSWER $20 to county clerk. $40 plus interest to secretary of state. How long after the commission must the $20 be transmitted to the county clerk? and $40 to the secretary of state? - ANSWER by the 10th day of the following month. How much does it cost to change the name or address of a notary public? - ANSWER $10 How much to get a duplicate identification card for one lost, destroyed, or damaged? - ANSWER $10 Who may certify to the official character of a notary public and issue a certificate of official character? - ANSWER The secretary of State ($10) or any county clerk ($5) Cost of a certificate of proof/acknowledgment - ANSWER $3 What are notary public's qualified to do? - ANSWER administer oaths and affirmations, take affidavits and depositions, receive and certify acknowledgments or proof of deeds, mortgages and powers of attorney, demand acceptance or payment of foreign hills, protest the same for non-acceptance and non-payment. max civil penalty for illegal/false solicitation that implies legal qualifications - ANSWER $1000 When can advertising by notaries public lead to removal of office - ANSWER third violation, provided that they were served with copy of the charges against him. a What is the fee that a notary public is entitled to for administering an oath and certifying the same? - ANSWER $2/person what must be included beneath notary signature (in stamp) - ANSWER Print name, the words "Notary Public State of New York", name of the county in which he qualified, expiration date. where can the acknowledgment or proof of a conveyance of real prperty be made? - ANSWER 1. any place within the state before a justice of the supreme court, an official examine of title, official referee, a notary public . 2. within the district where such officer is authorized to perform duties before a judge or clerk, a commissioner of deed, the mayor, a surrogate, county clerk. Issuing a false certificate is classified as what kind of crime? - ANSWER Class D felony Difference between taking of an acknowledgment and an affidavit - ANSWER acknowledgement - notary certifies the identify and execution of a doc. Affidavit involved the administration of an oath to the affiant [Show More]

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