Notary Final Exam - Questions and Answers

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Notary Final Exam - Questions and Answers Acknowledgment a declaration that is made before an official (example: notary public) that under the person's free act and deed he did execute the instrumen... t Administrator One of an estate is appointed by the court (usually Surrogate's or supreme court) which empowers him to manage the affairs of the decedent (dead person). The court appoints an administrator where a person dies without leaving a will, or leaves a will without naming an executor Affiant An affidavit (a sworn to or affirmed written statement) is signed by a person called the affiant Affidavit Is a signed statement that is sworn to by the person signing it. An affidavit is sworn to in front of a notary public or other officer w/ authority to administer an oath Affirmation A person who does not want to take an oath (because of religious, ethical or other reasons) may affirm as to the truthfulness of his statements. The act of affirming is called affirmation. An affirmation is just as binding as an oath. Apostile An apostle is an authentication of a notarized document or county clerk certified document. It is issued by the Department of State. It is attached to the document and may be used internationally. Attest To attest is to be present at the execution of a written instrument and also to subscribe (sign) the written instrument as a witness to the execution of the instrument. Attestation Clause As it refers to wills, an attestation clause is the written portion at the end of a will where the witnesses attest that the will was executed in front of them and also state the procedural manner of the execution of the will. Authentication (notarial) A document that is signed by a notary may be authenticated by a county clerk. The authentication is comprised of a certificate issued by the county clerk and attached to the document. The authentication verifies the notary public's authority to act as a notary public. The authentication certificate is called a "county clerk's certificate" Bill of Sale A bill of sale is a written document that is given by the vendor (seller of personal property to the vendee (buyer). It passes title from the vendor to vendee. Certified Copy A certified copy may NOT be issued by a notary public. They can only be issued by public officials who have custody of the original and who can certify that the copy is a true copy of the original on file. Chattel Chattel means property that is personal in nature, such as household goods. Chattel does NOT include real property (land, buildings) Chattel Paper A written obligation to pay money for specific goods is known as chattel paper Codicil As it relates to wills, a codicil is an attachment to a will that adds to or changes (modifies) the will in some way Consideration is what is given in value to induce someone to enter into a contract. Consideration examples are: property, money, services, etc. Contempt of court are actions which hinder the execution of court orders and display disrespect of court authority Contract A contract (an agreement between parties) can be oral or written. For there to be a contract, there must be legal consideration to enter into the contract. Conveyance The instrument which creates, assigns, transfers or surrenders an interest in real property is called a conveyance. Deponent is a person who signs the deposition and makes an oath to a written statement. Deposition is testimony taken before an authorized official (such as a notary public). It is taken out of court w/ the intention of using it at a hearing/trial. Duress Exercising unlawful constraint on a person with the intention of forcing him to do certain acts which may be against the person's will Escrow is depositing an instrument w/o a person who on the occurrence of the event must give the instrument to a designated person. Escrow is often used during the sale of a building. Executor is a person designated (named) in a will to carry out the instructions of the deceased that are listen in the will Ex parte (one sided) A court proceeding is ex parte (one sided) when it is conducted w/ only one of the parties being present (plaintiff or defendant) Felony A felony is an offense for which a sentence of imprisonment of more than a year (or death) may be imposed. Imprisonment for felonies is an NYS prison. Guardian A person in charge of another person's property or person (usually relates to guardians of minors) Judgement Declares the rights of individuals, including that one party owes money to another and specifying the amount owed. Judgements may be final or temporary Jurat is the section of an affidavit which contains certification of the notary public that the document was sworn to in front of the notary public. Example: "sworn to before me this - day of - , 20-" Laches the negligence or delay in the assertion of a legal right. The concept of laches may be used as a defense in certain legal proceedings, such as in proceedings for unpaid rent. Lease is a contract regarding the right to the possession of real property (land or buildings). It is made for consideration (rent, lease payments) and transfers the right to possession of real property for a period of time Lien is the attachment of a legal claim on property until the debt on the property is satisfied Litigation process of pursuing a lawsuit Misdemeanor A crime that is not a felony. Misdemeanors are less serious than felonies and are punishable by a sentence of imprisonment up to and including a year. Mortgage on Real Property A written instrument that is used to create a lien on real property until the debt is paid Notary Public is a public officer who among other things is authorized to administer oaths and affirmations relating to the truth of statements, and authorized to execute acknowledgments of deeds or writings which may thereafter be admitted into evidence Oath An oath/affirmation is a verbal pledge of the truthfulness of the statements made. An oath or affirmation bust be administer as presented by law. *The person taking the oath must say "I do" *A corporation cannot take an oath *A partnership cannot take an oath *The authority of the notary public cannot be delegated to another person *A notary public is prohibited from administering an oath to himself Plaintiff A plaintiff is the party who starts a civil lawsuit Power of attorney is a statement in writing by a person which gives another person the power to act for him Proof As it relates to the witnessing of the execution of instruments means the formal declaration of the witness that he witnessed the execution of the instrument *The witness must state his residence and that he knew the person signing the instrument Protest written statement by a notary that a promissory note or bill of exchange was presented for acceptance or payment was refused Seal Notaries public are NOT required to use a seal. The only inscription required are the words, "notary public for the state of New York." and the name of the notary. Signature of notary public Notary must sign his name (same name as under which appointed) Following are required: 1. Signature and venue 2. Name (printed) beneath his signature 3. "Notary public state of New York" beneath his signature 4. Name of county where qualified 5. Date of expiration of commission Single woman who marries during her commission may use: 1. Her maiden name, OR 2. Maiden name (married name) When she renews her commission she can: 1. Renew under her maiden name, or 2. Renew under her married name **A person may be appointed under a religious name Statute Law that was created by the legislature Statute of frauds A law that states certain contracts must be in writing to be enforceable. Other contracts (if partially completed) may also be enforceable. Statute of limitations law which prescribe the time during which a civil action or criminal prosecution must be commenced Subordination Clause A clause is an agreement (contract) which allows a future mortgage to take priority over an existing mortgage Sunday rules for notaries public 1. An affirmation or acknowledgment MAY be taken on a Sunday 2. A deposition in a civil proceeding cannot be taken on a Sunday Swear Any mode of oath administration that is authorized by law Venue geographical area where affidavit or acknowledgment is taken by notary (Example: County of Albany) Will The instrument in which a person sets forth his wishes relating to the disposition of his property after his death Total Commission fee for appointment of notary public $60 ($20 for filing oath of office - which goes to county clerk) and $40 for appointment (which goes to secretary of state) Change of name or Address $10 Duplicate Identification Card $10 Filing Certificate of official character $10 Issuance of Certificate of official character $5 Authentication Certificate $3 Oath or affirmation $2 Acknowledgment (each person) $2 Proof of execution $2 Swearing witness $2 Protest of note, commercial paper, etc. $.75 Each additional notice of protest (limit 5) each $.10 Which of the following statements is not correct? A. The fee for a notary public commission is $ 60. B. The Secretary of State commissions notaries public. C. The term of a notary public commission is 2 years. D. Notary public examinations are scheduled throughout NYS. Notaries public are commissioned in _______________. A. their city of residence. B. the city where they are employed. C. their county of residence. D. their town or village of residence. [Show More]

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