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NEW YORK STATE NOTARY Exam Bundle (Graded A)
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New York State Notary Exam Words Questions and Answers
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... [Show More] and subscribes his signature to an affidavit. Affidavit - ANSWER-a signed statement, duly sworn to, by the maker thereof, before a notary public or other officer authorized to administer oaths. The venue or county wherein it was sworn to should be accurately stated. [more.] Affirmation - ANSWER-A solemn declaration made by persons who conscientiously decline taking an oath; it is equivalent to an oath and is just as binding; if a person has religious or conscientious scruples against taking an oath, the notary public should have the person affirm. [more...] Apostile - ANSWER-Department of State authentication attached to a notarized and county-certified document for possible international use. 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 witness certify that the instrument has been executed before them, and the manner of the execution of the same. Authentication (Notarial) - ANSWER-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. Within this prohibition are certificated of the following type: United States of America, State of New York, County of New York: [more...] Chattel - ANSWER-Personal property, such as household goods or fixtures. 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 respect. 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 possess. Conveyance (Deed) - ANSWER-Every instrument, in writing, except a will, by which any estate or interest in real property is created, transferred, assigned or surrendered. County Clerk's Certificate - ANSWER-See "Authentication (Notarial)." Deponent - ANSWER-One who makes oath to a written statement. Technically, a person subscribing a deposition but used interchangeably with "Affiant." 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 happing of a designated event, is to deliver the instrument to a third person. This agreement, once established, should be unalterable. Executor - ANSWER-One named in a will to carry out the provisions of the will. Ex Parte (From One Side Only) - ANSWER-A hearing or examination in the presence of, or on papers filed by, one party and in the absence of the other. 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. Judgment - ANSWER-Decree of a court declaring that one individual is indebted to another and fixing the amount of such indebtness. Jurat - ANSWER-A jurat is that part of an affidavit where the officer (notary public) certifies that it was sworn to before him. It is not the affidavit. The following is the form of jurat gerally employed: "Sworn to before me this ....... Day of ......., 20......" Those words placed directly after the signature in the affidavit stating that the facts therein contained were sworn to or affirmed before the officer (notary public) together with his official signature and such other data as required by 137 of the Executive Law. Laches - ANSWER-The delay or negligence in asserting one's legal right. 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 acknowledgments 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. The notary's general authority is defined in €135 of the Executive Law; the notary has certain other powers which can be found in the various provisions of law set forth earlier in this publication. 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. Notaries public must administer oaths and affirmations in manner and form as prescribed by the Civil Practice Law and Rules, namely: [...] For an oath or affirmation to be valid, whatever form is adopted, it is necessary that: first, the person swearing or affirming must personally be in the presence of the notary public; secondly, that the person unequivocally swears or affirms that what he states is true; thirdly, that he swears or affirms as of that time; and, lastly, that the person conscientiously takes upon himself the obligation of an oath. 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 or 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, or acceptance, and that such payment or acceptance was refused. Seal - ANSWER-The laws of the State of New York do not require the use of this by notaries public. If it is used, it should sufficiently identify the notary public, his authority and jurisdiction. It is the opinion of the Department of State that the only inscription required is the name of the notary and the words "Notary Public for the State of New York." Signature of Notary Public - ANSWER-A notary public must sign the name under which he was appointed and no other. In addition to his signature and venue, the notary public shall print, typewrite or stamp beneath his signature in black in, his hame, the words "Notary Public State of New York," the name of the county in which he is qualified, and the date upon which his commission expires (€137, Executive Law). When a woman notary marries during the term of the office for which she was appointed, she may continue to use her maiden name as notary public . However, is she elects to use her marriage name, then for the balance of her term as a notary public she must continue to use her maiden name in her signature and seal when acting in her notarial capacity, adding after her signature her married name, in parentheses. When renewing her commission as a notary public, she may apply under her married name or her maiden name. She must then perform all her notarial functions under the name selected. A member of a religious order, known therein by a name other than his secular cognomen, may be appointed and may officiate as a notary public under the name by which he is known in religious circlese. (Op. Atty. Gen.,Mar. 20, 1930.) Statute - ANSWER-A law established by an act of the legislature. Statute of Frauds - ANSWER-State Law which provides that certain contracts must be in writing or partially complied with, in order to be enforceable at law. Statute of Limitations - ANSWER-A law that limits the time within which a criminal prosecution 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 - ANSWER-A notary public may administer an oath or take an affidavit or acknowledgment of Sunday. However, a deposition cannot be taken on Sunday in a civil proceeding. Swear - ANSWER-This term includes every mode authorized by law for administering an oath. Taking an Acknowledgment - ANSWER-The act of the person named in an instrument telling the notary public that he is the person name 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 acknowledgment is taken. The notary public "certifies to the taking of the acknowledgment" when the notary signs his official signature to the form setting forth the face of the taking of the acknowledgment. Venue - ANSWER-The geographical place where a notary public takes an affidavit or acknowledgment. Every affidavit or certificate of acknowledgment should show on its face the venue of the notarial act. The venue is usually set forth at the beginning of the instrument or at the top of the notary's jurat, or official certification, as follows: "State of New York, County of (New York) ss.:".Section 137 of the Executive Law imposes the duty of the notary public to include the venue of his act in all certificates of acknowledgments or jurats to affidavits. Will - ANSWER-The disposition of one's property to take effect after death. Schedule of Fees (Appointment as Notary Public)—Total Commission Fee - ANSWER-$60.00 ($40 appointment and $20 filing of Oath of [Show Less]
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NYS Notary Exam Study guide latest updated (Graded A)
Who are notaries public commissioned by? - ANSWER-The Secretary of State To whom is an application submitted to become a notary public? - ANSWER-The Div... [Show More] ision of Licensing Services. How much is an application to become a notary public? - ANSWER-$60. What is included in the application to become a notary public? - ANSWER-An oath of office, duly executed before any person authorized to administer an oath, together with their signature. What must also be included in the application to become a notary public? - ANSWER-A pass slip indicating they have taken and passed the exam. How long is the term of commission as a notary public? - ANSWER-4 years Where are notary publics commissioned? - ANSWER-In their counties of residence. Where can the public verify the official signature of a notary? - ANSWER-The county clerk's office. When is authentication of a notary's signature obtained? - ANSWER-When a document will be used outside the State. What should notaries do when they expect to sign documents regularly in counties other than their residence? - ANSWER-File a certificate of official character with other New York state county clerks. Which nonresidents may be allowed to be a notary in a state? - ANSWER-Attorneys who maintain law offices within the State, and others who have offices or places of business in NYS. Where must the oath of office and signature be filed for an out-of-state resident who is a notary? - ANSWER-The office of the county clerk of the county in which the office or place of business is located. When is taking an acknowledgment and affidavit illegal? - ANSWER-Without the actual, personal appearance of the individual, (i.e. over the phone or otherwise). What are the simplest forms in which an oath may be lawfully administered? - ANSWER-Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true? What is another way to affirm for those who decline taking an oath? - ANSWER-Do you solemnly, sincerely and truly declare and affirm that the statements made by you are true and correct? What is the is one (1st) thing a notary public may not do? hint: A - ANSWER-Give advice on the law (i.e. cannot draw legal papers like wills, deeds, bills of sale, etc) What is another (2nd) thing a notary public may not do? hint: B - ANSWER-Ask for and get legal business to send to a lawyer with whom they have any business connection What is another (3rd) thing a notary public may not do? hint: D - ANSWER-Divide or agree to divide their fees with a lawyer or accept any part of a lawyer's fee on any legal business. What is another (4th) thing a notary public may not do? hint: A - ANSWER-Advertise in or circulate in any paper or advertisement that they have any powers or rights not given to the notary by the laws under which the notary was appointed. Is an acknowledgment of the execution of a will the equivalent of an attestation clause accompanying a will? - ANSWER-No. At the time of a notary publics appointment, what must they be? - ANSWER-A citizen of the US & a resident of NYS or have an office or place of business in NYS. After being commissioned, what does a notary public receive? - ANSWER-An identification card indicating the appointee's name, address, county & commission term. How much does it cost to change the name or the address of a notary public? - ANSWER-$10. How much does it cost to have issued a duplicate identification lost (to replace one that was lost, destroyed or damaged)? - ANSWER-$10. Where can a notary public file his autograph signature and certificate of official character? - ANSWER-In the office of any county clerk of any county in the STate. How much does it cost to submit a certificate of official character? - ANSWER-$10 to the State, $10 to the county clerk, $5 for each certificate issued to the county clerk. What costs $3? - ANSWER-Certification of notarial signatures. Who cannot be a notary public? - ANSWER-Any person removed from office as a commissioner of deeds for the City of New York. Acting as a notary may be deemed a misdemeanor. Is a commissioner of elections or inspector eligible for the office of notary public? - ANSWER-Yes. Who cannot be a notary public (2)? hint: army - ANSWER-Those convicted of a violation of the selective draft act, or of the federal selective training and service act. Who does not have to pay an exam or application fee to be a notary public? - ANSWER-They who have been designated from the county clerk's office. Can a member of the legislature be appointed a notary public? - ANSWER-Yes. Can sheriffs be notaries public? - ANSWER-No. When are notaries disqualified to act? - ANSWER-When they have an interest in the case. What can the signature and seal of a county clerk be? - ANSWER-A facsimile, printed, stamped, photographed or engraved. Can a notary public take the acknowledgment or proof of any party to a written instrument executed by a corporation they are employed by or have direct ties to? - ANSWER-Yes unless they are a party executing the instrument. What defects cannot be deemed invalid? 1-3 - ANSWER-1. ineligibility of the notary public or commissioner of deeds to be appointed or commissioned as such. 2. misnomer or misspelling of name or other error made in his appointment or commission. 3. omission of the notary public/commissioner of deeds to take or file his official oath or otherwise qualify. What defects cannot be deemed invalid? 4-6 - ANSWER-4. expiration of his term, commission or appointment 5. vacating of his office by change of his residence, by acceptance of another public office, or by other action on his part 6. the fact that the action was taken outside the jurisdiction where the notary public or commissioner of deeds was authorized to act. When can the defects not be deemed invalid? - ANSWER-After six months from the date of the official certificate. What does conveyance include? - ANSWER-Every written instrument by which any estate or interest in real property is created, transferred, mortgaged or assigned, or by which the title to any real property may be affected, including an instrument in execution of power, although the power be one of revocation only, and an instrument postponing or subordinating a mortgage lien. What does conveyance not include? - ANSWER-A will, a lease for a term not exceeding three years, an executory contract for the sale or purchase of lands, an instrument containing a power to convey real property as the agent or attorney for the owner of such property. Where can the acknowledgment or proof of a conveyance of real property be made, within the state? - ANSWER-Before a justice of the supreme court, an official examiner of title, an official referee, or a notary public. Where can the acknowledgment or proof of a conveyance of real property be made, within the district wherein such officer is authorized to perform? - ANSWER-Before a judge or clerk of any court of record, a commissioner of deeds outside of NYC, or w/in the 5 counties of NYC, the mayor or recorder of a city, a surrogate, special surrogate or special county judge, or the county clerk or other recording officer of a county. Where can the acknowledgment or proof, within the county containing the town in which the notary is authorized, of a conveyance of real property be made? - ANSWER-Before a justice of the peace, town councilman, village police justice or a judge of any court of inferior local jurisdiction. What must a person taking the acknowledgment or proof of a conveyance do? - ANSWER-They must endorse or attach a signed certificate, stating all the matter required to be done, known, or proved by the acknowledgment or proof. Where can a notary public administer oaths or take affidavits? - ANSWER-Anywhere in the state. When can a safe deposit box be opened? - ANSWER-In the presence of a notary public, at least 30 days after giving proper notice to the lessee. Can a notary public solemnize marriages? - ANSWER-No, nor take the acknowledgment of parties and witnesses to the contract of marriage. Can an NP administer the oath of a public officer? - ANSWER-Yes. What is the maximum sentence for a class D felony? - ANSWER-7 years what is the maximum sentence for a class E felony? - ANSWER-4 years. What is the maximum sentence for a class A misdemeanor? - ANSWER-1 year The formal declaration before a duly authorized officer by a person who has executed an instrument that such execution is his act and deed. - ANSWER-Acknowledgment A person appointed by the court to manage the estate of a deceased person who left no will. - ANSWER-Administrator The person who makes and subscribes his signature to an affidavit. - ANSWER-Affiant. A signed statement, duly sworn to, by the maker thereof, before a notary public or other officer. - ANSWER-Affidavit. What is the difference between an acknowledgment and an affidavit? - ANSWER-An acknowledgment, the notary public certifies as to the identity and execution of a document; the affidavit involves the administration of an oath to the affiant. A solemn declaration made by persons who conscientiously decline taking an oath. - ANSWER-An affirmation Department of State authentication attached to a notarized and county-certified document for possible international use. - ANSWER-Apostile To witness the execution of a written instrument, at the request of the person who makes it, and subscribe the same as a witness. - ANSWER-Attest The clause wherein the witness certify that the instrument has been executed before them, and the manner of the execution of the same. - ANSWER-Attestation clause. A certificate subjoined by a county clerk to any certificate of proof or acknowledgment or oath signed by a notary. - ANSWER-Authentication (Notarial) A written instrument given to pass title of personal property from vendor to vendee. - ANSWER-Bill of sale A duplicate of a public record signed and identified as a true duplicate by the public official having custody of the original. - ANSWER-Certified copy. Personal property, such as household goods or fixtures. - ANSWER-Chattel A writing or writings which evidence both an obligation to pay money & security interest in a lease or specific goods. The agreement which creates or provides for the security interest is known as a security agreement. - ANSWER-Chattel paper An instrument made subsequent to a will and modifying it in some respects. - ANSWER-Codicil Anything of value given to induce entering into a contract; it may be money, personal services, or even love and affection. - ANSWER-Consideration Behavior disrespectful of the authority of a court which disrupts the execution of court orders. - ANSWER-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. - ANSWER-Contract Every instrument, in writing, except a will, by which any estate or interest in real property is created, transferred, assigned or surrendered. - ANSWER-Conveyance (Deed). One who makes oath to a written statement - ANSWER-Deponent 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. - ANSWER-Deposition Unlawful constraint exercised upon a person whereby he is forced to do some act against his will - ANSWER-Duress 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. This agreement, once established, should be unalterable. - ANSWER-Escrow One named in a will to carry out the provisions of the will. - ANSWER-Executor A hearing or examination in the presence of, or on papers filed by, one party and in the absence of the other. - ANSWER-Ex Parte A crime punishable by death or imprisonment in a state prison. - ANSWER-Felony A person in charge of a minor's person or property. - ANSWER-Guardian Decree of a court declaring that one individual is indebted to another and fixing the amount of such indebtedness. - ANSWER-Judgment part of an affidavit where the officer (notary public) certifies that it was sworn to before him. It is not the affidavit. - ANSWER-Jurat The delay or negligence in asserting one's legal rights - ANSWER-Laches 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. - ANSWER-Lease A legal right or claim upon a specific property which attaches to the property until a debt is satisfied. - ANSWER-Lien The act of carrying on a lawsuit. - ANSWER-Litigation Any crime other than a felony. - ANSWER-Misdemeanor 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. - ANSWER-Mortgage on real property A public officer who executes acknowledgments 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. - ANSWER-Notary public 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. - ANSWER-Oath A person who starts a suit or brings an action against another. - ANSWER-Plaintiff A written statement by an individual giving another person the power to act for him. - ANSWER-Power of Attorney 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. - ANSWER-Proof 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, or acceptance, and that such payment or acceptance was refused. - ANSWER-Protest It is no longer required to be used by a notary public. - ANSWER-Seal What shall the signature of the notary public include? - ANSWER-The name he was appointed, the venue, and Notary PUblic State of new york, the county in which he was qualified and the date upon which his comission expires. A law established by an act of the legislature - ANSWER-Statute State law which provides that certain contracts must be in writing or partially complied with, in order to be enforceable at law. - ANSWER-Statute of Frauds A law that limits the time within which a criminal prosecution or a civil action must be started. - ANSWER-Statute of limitations A clause which permits the placing of a mortgage at a later date which takes priority over an existing mortgage. - ANS [Show Less]
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New York Notary Exam Practice Test (solved)
If a notary refused to notarize an affidavit presented for NY notary mobile services, what is the potential maximum jail sentence? One month Three months... [Show More] Six months One year - ANSWER-One year The notary certificate of a witness to the execution of a real estate conveyance is called: Qualified resident Official character Proof certificate None of the above - ANSWER-Proof certificate Which of the following is in the requirements to become a notary public in NY? Be at least 18 years old No special education or common school level Be a resident and/or a qualified non-resident resident All of the above - ANSWER-All of the above If a notary moves to another state but still works in NYS, he/she: Will pay an additional $15 out of state fee No longer is qualified Must get a NY driver's license Still is a qualified non-resident resident - ANSWER-Still is a qualified non-resident resident Which of the following are errors a notary can make that will not make the foregoing instrument get unrecorded? If the notary public was purporting to be a notary but was not licensed If the notary public commission was expired If a NY notary notaries in another state All of the above - ANSWER-All of the above If your neighbor you know asks you to notarize an affidavit, you must? Administer an oath of office Administer an oath and fill out the Juart Require a government ID Do a protest for non-payment certificate - ANSWER-Administer an oath and fill out the Jurat What is the name of the location where the notary notarizes something? Protest for non-payment Venue Affidavit Mobile notary - ANSWER-Venue Which of the following activities may a non-attorney notary perform? Explain to people what they are signing Make a certified original certificate on a government document photocopy Contracts of marriage within NY borders Administer an oath of office for a military officer - ANSWER-Administer an oath of office for a military officer What is the county clerk fee for a certificate of official character? $200 $5.00 $11.00 No charge because it's a free service to the general public - ANSWER-$5.00 Which of the following acts can be performed by a NY notary on a Sunday? Certified original certificate of government doc. photocopy Affidavit Someone's signature to their own will by non-attorney notary A contract of marriage - ANSWER-Affidavit What is every instrument in writing, except a will that transfers real estate interests? Conveyance Escrow Vendor receipt Duress - ANSWER-Conveyance Latin name for the words, "Sworn to me before this _____ day of ____" Pro se The oath The affirmation Jurat - ANSWER-Jurat What is a NYS notary public conflict of interest? Knowing the affiant personally When you like somebody When the document is from your company Legal consideration - ANSWER-Legal consideration A deponent is? One named in a will to carry out the provisions The testimony of a witness taken out of court under oath/affirmation An agreement Someone ordered to a hearing out of court called a deposition - ANSWER-Someone ordered to a hearing out of court called a deposition What is the notary fee for a protest of non-payment? $.75 for the first one, $.10 thereafter with a limit of 5 $25 for unlimited within 24 hours $5 for the original and $.50 per copy $10 with a limit of 7 - ANSWER-$.75 for the first one, $.10 thereafter with a limit of 5 What is the name of what a notary places below the notary signature? Seal Stamp Statement of authority Certification - ANSWER-Statement of Authority Who approves the appointment of a notary public? The name appointed under and no other County Clerk Secretary of State Town judge where the notary resides - ANSWER-Secretary of State What is the fee for changing a name for marriage purposes and updating the State? The maiden name change fee is $10 Free for anyone changing names for marriage purposes $5 to update the database $12 one-time fee - ANSWER-Free for anyone changing name for marriage purposes Who must be with a bank employee to witness the terminated lease opening of an abandoned safety deposit box? A police officer of Sheriff A bank officer or employee of the lessor The lessee A notary public - ANSWER-A notary public Who can translate a deed into another language to be filed in a NY County Clerk's office? Translator with certificate of designation by the county judge Translation certified by Translators Society of USA Affidavit service magistrate All of the above - ANSWER-Translator with certificate of designation by the county judge What can happen to a notary for doing something illegal or with malfeasance? Can be summoned to a NYS tribunal hearing for license revocation Can go to criminal court as a defendant Can be sued for financial damages in a civil court All of the above - ANSWER-All of the above What do the two witnesses to a will sign? The witness approval proof certificate Attestation clauses ID verification form The affidavit - ANSWER-Attestation clauses What is a Chattel? Beef stock certificates Personal property such as household goods or fixtures The Latin word for Jurat The damages paid for wrongful notary public fees charged by a NY notary - ANSWER-Personal property such as household goods or fixtures Who issues certificates involved in various notary public procedures? The county clerk's offices The secretary of state's offices The notary public All of the above - ANSWER-All of the above What is an Executor? A document that verifies a notary's authority The placing of an instrument in the hands of a person as a depository The one named in a Will to carry out the provisions of the Will An instrument that modifies an already existing Will - ANSWER-The one named in a Will to carry out the provisions of the Will What is the fee charged to a person for an affidavit at the County Clerk's Office? $2 $2 for each original signature witnessed $.75 for the first one and $.10 for the second one Notary services are free during normal business hours - ANSWER-Notary services are free during normal business hours What is the maximum jail sentence for a Class D felony? Seven years 1 year Three years There is no maximum sentence - ANSWER-Seven years What is the maximum sentence for a Class A misdemeanor? 1 year 5 years Probation for 3 years 6 months - ANSWER-1 year What is the maximum sentence for a Class E felony? 4 years 7 years 3 years There is no limit. The judge can do what they decide is fair - ANSWER-4 years What is the mandatory sentence for a Class D felony convictions? 4 years 7 years 3 years There is no minimal sentence because the judge decides - ANSWER-3 years What is the sentence for Class 2X felonies? There is no Class 2X felony Class D felony, 2nd offense 3 to 7 years Class E felony, 1st offense 3 to 4 years The DA will decide with the judge in private - ANSWER-There is no Class 2X felony What is an Apostille? Something certified for international use A notary application Class D felony The administrator of a Will appointed by the Court - ANSWER-Something certified for international use Where is the notary public law located? The public officer's law aka notary public license law At the local library The county clerk's hearing offices The county clerk's authentication office - 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? Verified the voter registration Verified the notary public signature is authentic Certification of the notary court involvment All of the above - ANSWER-Verified the notary public signature is authentic Which of the following is "Professional Misconduct?" When a notary does something while aware it is not procedurally correct Notarizing knowing there is a fake ID involved When the notar [Show Less]
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NYS Notary Exam Questions with Verified Answers (Graded A)
A notary at the time of appointment must be either a NYS resident or have a place of business in New York State? - ANSWER-TRUE - a notary must also be a un... [Show More] ited states citizen at the time of appointment. however, the department of state, division of licensing services web site adds that notary may also be a permanent resident alien of the united states A NYS resident notary public who moves out of NYS but still maintains a place of business in NYS can continue to be a notary in NYS? - ANSWER-TRUE - how if a non resident notary ceases to have a place of business in NYS, then he vacates his office as a notary public. In certain situations, the Secretary of State is not required to satisfy himself of certain notary public requirements of an applicant, such as education? - ANSWER-TRUE- example, when applicant applies less than 6 months after his term of notary has expired, or upon the application of an attorney admitted to practice in NYS, and certain court clerks The Secretary of State can remove a notary without serving a copy of the charges against him? - ANSWER-FALSE - the secretary of state must serve the charges and give him an opportunity to be heard. No person shall be appointed a notary who has been convicted of any misdemeanor. - ANSWER-FALSE- a person cannot be appointed a notary if convicted of a felony No person shall be appointed a notary public if he has been convicted unlawful possession or distribution of habit forming narcotic drugs? - ANSWER-TRUE - also cannot be appointed a notary if convixted of vagrancy or prostitution (unless the person was pardoned or received a certificate of good conduct from a parole board). An attorney who is a notary public who moves to another state shall be deemed a resident of the county where he maintains an office in NYS? - ANSWER-TRUE - this section applies to attorneys who are admitted to practice in NYS and are counselors in the courts of record in New York State. The secretary of state shall receive a fee of $20 for changing the name or address of a notary public - ANSWER-FALSE- the fee for changing the name or address of a notary public is $10. also, the fee for issuing a duplicate ID is also $10. Only the secretary of state may issue a certificate of official character. - ANSWER-FALSE- the county clerk may also issue a certificate of office The secretary of state shall collect $10 for the issuance of a certificate official character? - ANSWER-TRUE - the county clerk collects $10 for the filling of the certificate of official character and $5 for the issuance of a certificate of official character with seal attached A certification of a notarial signature is issued by the court? - ANSWER-FALSE - a certification of a notarial signature is issued by the county clerk for a fee of $3 No person removed from commissioner of deeds in New York City is eligible for reappointment as commissioner of deeds - ANSWER-TRUE - also not eligible for appointment as a notary public A commissioner of elections or inspector of elections is not eligible for the office of notary public. - ANSWER-FALSE- they are eligible for appointment as notary public No person is eligible for the office of notary public who was convicted of a violation of the selective draft act of MAY 18, 1917? - ANSWER-TRUE- also not eligible if convicted of a violation of the selective training and service act of 1940 There shall be at least one person in the county clerk's office who shall notarize documents for the public free of charge. - ANSWER-TRUE- that person shall be exempt from the notary public examination fee and application fee. A member of the legislature may not be appointed a notary public? - ANSWER-FALSE- a member of the legislature may be appointed a notary. A sheriff may be appointed notary public - ANSWER-FALSE- Sheriffs cannot hold any other office A notary public shall not notarize a paper if he has a pecuniary interest in the transaction - ANSWER-TRUE- such notarization would be invalid The signature and seal of the county clerk on a certificate of official character or authentication may be facsimile, printed or stamped. - ANSWER-TRUE- also may be photographed or engraved thereon A notary shall be not be liable to the parties injured for damages sustained by them as a result of the notary public's actions - ANSWER-FALSE- a notary public is liable for such damages A person not commissioned a notary public who acts as a notary public is guilty of a felony. - ANSWER-FALSE- such a person is guilty of a misdemeanor. also fraud in office is also a misdemeanor A notary public who is licensed as an attorney in NYS may substitute the words "attorney and counselor at law" for "notary public" - ANSWER-TRUE- also, in NYC all notaries must affix to each instrument their official number No official act of a notary public shall be held invalid on account of failure to comply with the provisions listed in executive law 137 - ANSWER-TRUE- however, if such notary willfully fails to comply, he shall be subject to disciplinary action by the secretary of state a notary public who is an employee of officer of a corporation may not take an acknowledgment of such corporation if the notary public has a financial interest in the instrument. - ANSWER-TRUE- also if the notary public is a director or agent of such corporation An official certificate of a notary may be valid even if his term of office had expired. - ANSWER-TRUE- also valid if there is a misspelling or other error made in his appointment or commission An official certificate of a notary may be valid even if there was ineligibility of the notary to be appointed or commissioned - ANSWER-TRUE- also may be valid if there was an omission of the notary public to take or file his official oath. An official certificate of a notary may be valid even if the notary had vacated his office by changing his residence or accepting another public office. - ANSWER-TRUE- also may be valid even if the action was taken outside the jurisdiction where the notary public was authorized to act The term "lien" includes every written instrument by which any estate or interest in real property is created, transferred, mortgaged or assigned. - ANSWER-FALSE- the definition applies to the legal term "conveyance" The term "conveyance" does not include a will or lease for a term not exceeding 3 years. - ANSWER-TRUE - also does not include an executor contract for the sale or purchase of lands [Show Less]
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NY notary public Exam 2023 Questions with 100% correct Answers
WHAT AGENCY ISSUES REAL ESTATE LICENSES? - ANSWER-NYS DOS, DIVISION OF LICENSING AT WHAT AGE CAN YOU BECOME A REAL ESTATE SALESPERSON? - ANSWER-18 DO... [Show More] YOU NEED EXPERIENCE IN THE FIELD TO BECOME A SALESPERSON? - ANSWER-NO WHAT IS THE MINIMUM AGE TO BECOME A REAL ESATE BROKER? - ANSWER-20 DO YOU NEED EXPERIENCE IN THE FIELD TO BECOME A BROKER? - ANSWER-YES; 3500 POINTS (35 HOURS IN 100 WEEKS) IF YOUR LICENSE IS REVOKED, HOW LONG DO YOU HAVE TO WAIT TO RE-APPLY FOR IT? - ANSWER-1 YEAR AS A LICENSED SALESPERSON, I CAN RECEIVE COMPENSATION FROM? - ANSWER-SPONSORING BROKER AS A REAL ESTATE LICENSEE, YOU WILL MORE OFTEN THAN NOT BE AN.. - ANSWER-INDEPENDENT CONTRACTOR YOU WILL RECEIVE A ________ FROM YOUR BROKER, AND WILL FILE A _____ ON YOUR TAX RETURN TO DETAIL YOUR EARNINGS VS. YOUR EXPENSES - ANSWER-1099; C ATTORNEYS ADMITTED TO THE BAR IN NYS ARE ________ FROM THE LICENSURE LAW, UNLESS THEY TAKE ON SALESPEOPLE. - ANSWER-EXEMPT IF YOU COMBINE CLIENTS FUNDS WITH PERSONAL FUNDS, IT'S CALLED ______________, AND YOU HAVE VIOLATED WHICH OF THE FIDUCIARY OBLIGATIONS? - ANSWER-COMMINGLING; ACCOUNTABILITY WHAT IS THE VERY FIRST DOCUMENT YOU SHOULD FILL OUT WITH A NEW CLIENT OR CUSTOMER? - ANSWER-AGENCY DISCLOSURE FORM AT WHAT MOMENT SHOULD YOU TAKE OUT THE AGENCY DISCLOSURE FORM? - ANSWER-FIRST SUBSTANTIVE CONTACT REGARDING THE QUESTIONS ABOVE, WHAT DOES IT MEAN? - ANSWER-IT MEANS THE CUSTOMER/CLIENT HAS ASKED ABOUT THE PROPERTY WHAT WOULD YOU CALL A SITUATION WHERE I REPRESENT THE SELLER AS MY CILENT, BUT THEN WORK IN THE BEST INTERESTS OF THE BUYER (MY CUSTOMER)? - ANSWER-UNDISCLOSED DUAL AGENCY WHAT IS THE DEPARTMENT OF STATE CONCERNED ABOUT WHEN A REAL ESTATE LICENSEE ALSO EMBARKS UPON THE PRACTICE OF WRITING MORTGAGE APPLICATIONS AS A MORTGAGE REP? - ANSWER-DUAL AGENCY I HIRE YOU TO SELL MY HOUSE; YOU ARE MY BROKER AND I AM YOUR _________ OR __________ - ANSWER-CLIENT; PRINCIPAL WHAT THE NAME OF THE DEED WHICH GIVES THE MOST LEGAL PROMISES TO THE BUYER? - ANSWER-FULL COVENANT AND WARRANTY DEED CO-OP OWNERSHIP IS WHAT TYPE OF ESTATE? - ANSWER-LEASE HOLD VIOLATION OF THE LAW IS A ______________ - ANSWER-MISDEMEANOR REFERRING TO THE QUESTION ABOVE, WHAT IS POSSIBLE PENALTY? - ANSWER-$1000 FINE AND/OR 1 YEAR JAIL WHAT IS IT CALLED IF I TRACK BACK THE SUCCESSIVE OWNERS OF A PIECE OF REAL ESTATE, STARTING WITH THE CURRENT DEED AND WORK MY WAY BACKWARDS IN TIME? - ANSWER-CHAIN OF TITLE IF I HAVE A DISABLED TENANT WHO WANTS TO MAKE A MODIFICATION, WHAT DO I DO? - ANSWER-THE MODIFICATION IS DONE AT THEIR EXPENSE, AND MUST BE RETURNED TO ORIGINAL CONDITION WHAT WAS THE YEAR OF THE FIRST MAJOR FEDERAL FAIR HOUSING LEGISLATION? - ANSWER-1866 WHAT WAS THE YEAR OF THE SECOND MAJOR PIECE OF FEDERAL FAIR HOUSING LEGISLATION? - ANSWER-1968 WHICH OF THE FOLLOWING WOULD BE AN EXCEPTION TO THE DISCRIMINATION LAWS? - ANSWER-SAME SEX WHAT WAS THE FIRST MAJOR LEGISLATION TO DIRECTLY AFFECT PROPERTY OWNERSHIP RIGHTS? - ANSWER-RACE WHAT CLASSES WERE PROTECTED UNDER THE LEGISLATION? - ANSWER-RACE, RELIGION, NATIONAL ORIGIN WHAT WOULD YOU CALL A FINANCING SITUATION WHERE THE BUYER RECEIVES FINANCIAL ASSISTANCE WITH THE DOWN PAYMENT, AND CLOSING COSTS, AND EXCHANGE GIVES UP SOME SHARE OF THE EQUITY BUILDUP IN THE PROPERTY? - ANSWER-SHARED EQUITY LOAN THERE IS A TYPE OF MORTGAGE WHERE THE MONTHLY PAYMENT INCREASES AS YOUR ABILITY TO PAY MORE IMPROVES. WHAT IS THAT CALLED? - ANSWER-GPM (GRADUATED PAYMENT MORTAGE) WHEN MONEY IS PLENTIFUL, WHAT HAPPENS TO INTEREST RATES? - ANSWER-RATES DECLINE SOMETIMES A CONDO ASSOCIATION WILL RESERVE THE RIGHT TO BE A FIRST BUYER IF YOU DEVIDE TO SELL. YOU WOULD CALL THIS? - ANSWER-RIGHT OF FIRST REFUSAL A FINANCIAL TRANSACTION, WHERE ONE SELLS AN ASSET AND LEASES IT BACK FOR THE LONG-TERM; THEREFORE, ONE CONTINUES TO BE ABLE TO USE THE ASSET BUT NO LONGER OWNS IT IS CALLED? - ANSWER-SALE LEASEBACK WHAT GOVERNMENTAL AGENCY OVERSEES HOW THE COMMUNITY IS DEVELOPED? - ANSWER-PLANNING BOARD YOU CALL THE BORROWER? - ANSWER-MORTGAGOR YOU WOULD CALL THE LENDER? - ANSWER-MORTGAGEE I'M GOING TO RENT AN APARTMENT FOR ONE WEEK WHAT TYPE OF LEASEHOLD ESTATE IS THIS? - ANSWER-ESTATE FOR YEARS WHAT IS THE NAME OF THE STANDARDIZED CLOSING STATEMENT OR SETTLEMENT STATEMENT, REQUIRED BY RESPA (1974) CALLED? - ANSWER-GFE (GOOD FAITH ESTIMATE) WHAT IS A SYNONYM FOR PRORATION? - ANSWER-ADJUSTMENT IF ONE BROKER IS REPRESENTING BOTH THE PURCHASER AND THE SELLER IN THE SAME TRANSACTION YOU WOULD CALL THIS? - ANSWER-DUAL AGENCY WHO DETERMINES WHAT THE REAL ESTATE COMMISSION WILL BE ON A PARTICULAR DEAL? - ANSWER-BROKER AND CLIENT THE INCOME THAT I EARN FROM GETTING OUT OF BED IN THE MORNING AND GOING TO WORK, FOR EXAMPLE: SALARY, BONUSES, COMMISSIONS, IS CALLED? - ANSWER-ACTIVE INCOME THE INCOME THAT I EARN FROM MY PAPER ASSETS IS? - ANSWER-PORTFOLIO IF I HAVE RENTAL PROPERTIES, THE INCOME THAT I DERIVE FROM RENTING OUT PARKING SPACES, CLOSETS IN THE BASEMENT, MY COIN-OP WASHER/DRYER IS? - ANSWER-MISCELLANEOUS WHICH NAME "PERIL" IS NOT COVERED ON AN HO POLICY (HOME OWNER) OR A DP POLICY (DWELLING POLICY)? - ANSWER-FLOOD REGARDING THE QUESTION ABOVE, FROM WHOM DO YOU PURCHASE THAT INSURANCE? - ANSWER-FEMA IF I WANT HIGHER LIMITS OF LIABILITY INSURANCE ON MY HOUSE AND CARS, I WOULD BUY A(N)? - ANSWER-UMBRELLA POLICY IF I WERE A RENTER IN ORDER TO PROTECT MY STUFF AND ALSO GIVE ME LIABILITY INSURANCE I WOULD BUY A(N)? - ANSWER-H04 POLICY A CMA (COMPARATIVE MARKET ANALYSIS) IS NOT A(N) _____________ - ANSWER-APPRAISAL UNLIKE RESIDENTIAL LEASES WHERE IF I ADD A FIXTURE SUCH AS A CEILING LAMP, IT BECOMES PART OF THE REAL PROPERTY. IN A COMMERCIAL ENVIRONMENT, IT'S UNDERSTOOD THAT IF YOU ADD CABINETS, REFRIGERATORS, ETC., THAT THEY ARE LEAVING WHEN THE LEASE IS OVER. THIS IS CALLED? - ANSWER-TRADE FIXTURES WHAT IS THE AGE OF MAJORITY IN NYS, IN OTHER WORDS, THE MINIMUM AGE TO ENTER IN A CONTRACT? - ANSWER-18 IF YOU WERE TO SELL YOUR HOUSE TO SOMEONE UNDER THE AGE OF 18, HOW WOULD YOU CHARACTERIZE THE CONTRACT OF SALE? - ANSWER-VOIDABLE BY MINORITY IT IS MY INTENTION TO PROTECT MY CLIENT (USUALLY THE SELLER) FROM THE VICARIOUS LIABILITY OF ANOTHER LICENSEE VIOLATING THE LAWS OF LICENSURE. I SHOULD ALWAYS GIVE OUT MY LISTINGS TO OTHER LICENSEES AS "BROKER'S AGENTS" OR "SUB-AGENTS"? - ANSWER-BROKER'S AGENTS WHAT SHOULD I DO IF THE CLIENT OR CUSTOMER REFUSES TO SIGN THE AGENCY DISCLOSURE FORM? - ANSWER-AFFIDAVIT OR DECLARATION SIGNED WITH NOTARY IF I REPRESENT THE BUYER AS A BROKER, THIS WOULD BE CALLED? - ANSWER-BUYER BROKERAGE IF MY LICENSE HAS EXPIRED, FOR HOW LONG CAN I CONTINUE TO PRACTICE REAL ESTATE SALES? IN OTHER WORDS, WHAT IS THE GRACE PERIOD? - ANSWER-THIRTY DAYS THE FULLEST INTEREST I CAN HAVE IN MY OWNERSHIP OF REAL ESTATE IS CALLED HAVING A ___________ INTEREST - ANSWER-FEE SIMPLE WHAT IS ONE EXAMPLE OF A FORMAL LEGAL DESCRIPTION? - ANSWER-SECTION, BLOCK, AND LOT NUMBER WHICH DESCRIPTION WOULD NOT BE A FORMAL LEGAL DESCRIPTION? - ANSWER-STREET NAME AS A REAL ESTATE SALESPERSON, I AM PRACTICING _________ - ANSWER-SPECIAL AGENCY AS A PROPERTY AGENT, I AM PRACTICING ___________ AGENCY - ANSWER-GENERAL I OWE ALL OF THE FIDUCIARY OBLIGATION TO MY __________ AND OWE THE CUSTOMER _________________________ - ANSWER-CLIENT; FAIRNESS AND HONESTY FILL IN THE BLANK: I WORK _________ THE CLIENT, AND __________ THE CUSTOMER - ANSWER-FOR;WITH WHAT DOES FIDUCIARY MEAN? - ANSWER-A POSITION OF TRUST THE FIDUCIARY OBLIGATION ACCRUES ONLY TO MY _________ - ANSWER-CLIENT IN ESTATE PLANNING, WE ARE PRACTICING _______________ AGENCY - ANSWER-UNIVERSAL OVER HOW MANY YEARS CAN YOU DEPRECIATE A COMMERCIAL PROPERTY? - ANSWER-39 IF YOU SEE A DEPRECIATION PROBLEM, YOU ALWAYS HAVE TO DEDUCT THE COST OF THE ________ FROM THE ACQUISITION COST OF THE PROPERTY, THEN DIVIDE BY THE APPROPRIATE NUMBER OF YEARS. - ANSWER-LAND HOW MUCH IS THE CAPITAL GAINS TAX INCENTIVE FOR A SINGLE PERSON? THE FIRST ________ IS FREE OF CAPITAL GAINS. - ANSWER-$250,000 AND FOR A MARRIED COUPLE? - ANSWER-$500,000 AND WHEN THE GOVERNMENT GIVES TAX INCENTIVES THROUGH DEPRECIATION, YOU WOULD CALL THIS A _____________ - ANSWER-TAX SHELTER WHAT GOVERNMENT BODY OVERSEES MORTGAGE BROKERS AND MORTGAGE BANKERS? - ANSWER-NYS DEPT OF BANKING IF HAS BEEN LONG-STANDING THAT MY DRIVEWAY CROSSES OVER MY NEIGHBOR'S PROPERTY THIS IS AN ___________ - ANSWER-EASEMENT IN THE ABOVE QUESTION, WHICH IS DOMINANT, MINE OR Y NEIGHBOR'S? THE NEIGHBOR'S ESTATE WOULD BE CALLED ___________ - ANSWER-MY PROPERTY, BECAUSE I BENEFIT; SERVIANT WHAT IS IT CALLED IF A UTILITY COMPANY HAS AN EASEMENT OVER MANY PROPERTIES? - ANSWER-EASEMENT IN GROSS OR UTILITY EASEMENT IF SOMEONE USES THE PROPERTY OF ANOTHER IN A WAY THAT IS OPEN AND NOTORIOUS, EXCLUSIVE AND ADVERSE TO THE BEST INTERESTS OF THE TRUE OWNER, YOU WOULD CALL THAT - ANSWER-SQUATTER'S RIGHTS WHAT ARE THE TWO NAMES FOR THE SITUATION IN THE QUESTION ABOVE? - ANSWER-EASEMENT BY PRESCRIPTION AND ADVERSE POSSESSION FOR HOW MANY YEARS WOULD YOU HAVE USED THAT PERSON'S PROPERTY TO MAKE A CLAIM OF OWNERSHIP? - ANSWER-10 IF A PROPERTY MANAGER IS GIVING ATTENTION TO A POTENTIAL PROBLEM, BEFORE IT REALLY BECOMES A PROBLEM, THIS IS ______________ - ANSWER-PREVENTATIVE MAINTENANCE IF A PROPERTY OWNER IS FIXING A LEAKING FAUCET, WHAT KIND OF MAINTENANCE IS THIS CALLED - ANSWER-CORRECTIVE MAINTENANCE WHICH IS THE LIEN OF HIGHEST PRIORITY - ANSWER-REAL PROPERTY TAXES WE ARE TAXED ON OUR REAL PROPERTY ACCORDING TO THE VALUE OF THE PROPERTY, AD VALOREM, AND WHICH OTHER VALUE? - ANSWER-ASSESSED VALUE WHAT DOES THE MUNICIPAL ENGINEERS OFFICE DO? - ANSWER-PLANNING, DESIGNING, AND CONSTRUCTION OF NY PUBLIC WORK FACILITIES WHAT IS A "PRO FORMA/PROGRAM" STATEMENT? - ANSWER-IT DESCRIBES A METHOD OF CALCULATING FINANCIAL RESULTS IN ORDER TO EMPHASIZE EITHER CURRENT OF PROJECTED FIGURED (WHEN YOU SEE "PRO FORMA" THINK PROJECTED) AN ESTIMATION OF HOW MUCH A PROPERTY WILL SELL FOR IN A TYPICAL TRANSACTION IS THE - ANSWER-MARKET VALUE WHAT IS THE "USE" CLAUSE IN A LEASE? - ANSWER-HOW WILL YOU USE THE PROPERTY (THE DETAILS) COMMERCIAL SPACE IS VERY OFTEN RENTED OUT USING A ________ LEASE - ANSWER-NET GENERALLY SPEAKING, RESIDENTIAL LEASES ARE ________ MEANING THAT YOU PAY YOUR LANDLORD THE GROSS (TOTAL) OF RENT, AND THEN THE LANDLORD PAYS THE EXPENSES ASSOCIATED WITH THE RENTER. - ANSWER-GROSS A LEASE FOR A LARGE UNFINISHED SPACE WOULD BE CALLED A _________ LEASE - ANSWER-LOFT IN A RENTAL ENVIRONMENT, WHO IS ULTIMATELY ALWAYS RESPONSIBLE TO BE SURE THE LESSOR (THE LANDLORD) GETS PAID - ANSWER-THE LESSEE (TENANT) WHAT WOULD YOU CALL THE PEER OF THE GOVERNMENT, TO ACQUIRE PERSONALLY HELD REAL PROPERTY FOR THE BENEFIT OF THE PUBLIC? - ANSWER-CONDEMNATION (EMINENT DOMAIN) OVER HOW MANY YEARS CAN YOU DEPRECIATE A RESIDENTIAL PROPERTY? - ANSWER-27 "VOLTAGE" IS THE _______ OR ________ OF THE CURRENT IN A PARTICULAR ELECTRICAL UNIT - ANSWER-FORCE AND PRESSURE WHAT IS THE STANDARD VOLTAGE IN THE UNITED STATES? - ANSWER-110V WHAT IS THE "R" FACTOR? - ANSWER-RESISTANCE FOR HEAT TRANSFER THE LOWER PART OF THE ROOD WHICH INCLUDES THE SOFFIT AND THE FASCIA IS CALLED THE ______ OR _______ - ANSWER-EAVES OR OVERHAND BENT PIECES OF METAL THAT SERVICE TO WATERPROOF A HOUSE OR CALLED - ANSWER-FLASHING YOU WOULD CALL A BTU, BRITISH THERMAL UNIT, A MEASURE OF - ANSWER-HEAT ENERGY WHAT IS THE NAME IS THE REFRIGERANT THAT WAS DESTROYING THE OZONE LAYER OF THE ATMOSPHERE, THE LAYER THAT PROTECTS US FROM THE ULTRA-VIOLET RAYS OF THE SUN WHICH GIVES US SKIN CANCER? - ANSWER-FREON WHAT IS THE LAW THAT REGULATES CFC'S (FREON)? - ANSWER-CLEAN AIR ACT WHAT WOULD YOU CALL THE FIRST WOODEN MEMBER TO BE LAID DOWN ON THE FOUNDATION WALL? IT SERVES TO CONNECT THE CONCRETE FOUNDATION TO THE FLOORING SYSTEM OF THE HOUSE - ANSWER-STILL PLATE DOES THE BUILDING DEPARTMENT WRITE THE BUILDING CODE OR ENFORCE IT? - ANSWER-ENFORCE WHEN I GO TO THE BUILDING DEPARTMENT AND I WANT TO PUT AN EXTENSION ON A HOUSE OR MODIFY SOMETHING, I AM MAKING AN APPLICATION FOR - ANSWER-BUILDING PERMIT IF I'M TURNED DOWN BECAUSE MY APPLICATION DOES NOT MEET THE REQUIREMENTS OF THE BUILDING CODE, I AM GOING TO MAKE AN APEAL TO - ANSWER-ZBA (ZONING BOARD APPEALS) AND IF THE ZBA APPROVES MY APPLICATION, I AM GOING TO BE GRANTED A - ANSWER-VARIANCE WHEN I BUILD A HOUSE, I'M GOING TO HAVE AN ARCHITECTURAL RENDERING OF IT, WHICH IS CALLED? - ANSWER-BLUEPRINT IF A PERSON HAS THE RIGHT TO CROSS OVER YOUR PROPERTY IT IS AN - ANSWER-EASEMENT IF SOMETHING IS CROSSING OVER YOUR PROPERTY LINE, THAT'S AN - ANSWER-ENCROACHMENT IF SOMEONE DIES WITHOUT HAVING A VALID WILL, HE DIED - ANSWER-INTESTATE; ESCHEAT A ZONING ORDINANCE WOULD NOT REQUIRE WHICH OF THE FOLLOWING? A) WHERE IT IS LOCATED B) HOW MANY STORIES C) WHAT MATERIAL IT'S MADE UP OF D) HOW MUCH OF THE LOT CAN IT COVER? - ANSWER-C) WHAT MATERIAL IT'S MADE UP OF WHAT LIEN MIGHT A CONTRACTOR PUT ON YOUR PROPERTY IF YOU FAIL TO PAY HIM FOR WORK THAT WAS DONE? - ANSWER-MECHANIC'S LIEN WHAT TYPE OF LIEN WOULD BE PUT ON A PROPERTY IF I BOUGHT A LOAD OF ROOFING MATERIAL TO DO A JOB MYSELF AND FAILED TO PAY THE SUPPLY HOUSE? - ANSWER-MATERIAL MAN'S LIEN [Show Less]
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NY Notary Public Exam 2023 Questions and Answers
Acknowledgement - ANSWER-A formal declaration before a duly authorized officer by a person who has executed an instrument that such execution is his act an... [Show More] d deed. 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. Affidavit - ANSWER-A signed statement, duly sworn to, by the maker thereof, before a notary public or other officer authorized to administer oaths. Affirmation - ANSWER-A solemn declaration made by a persons who conscientiously decline taking an oath; it is equivalent to an oath and is just as binding; if a person has religious or conscientious scruples against taking an oath. Apostile - ANSWER-Department of State authentication attached to a notarized and county-certified document for possible international use. 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 (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. Authentication (Notarial) - ANSWER-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. Chattel - ANSWER-Personal property, such as household goods or fixtures. 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. Conveyance (Deed) - ANSWER-Every instrument, in writing, except a will, by which any estate or interest in real property is created, transferred, assigned or surrendered. County Clerk's Certificate - ANSWER-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. Deponent - ANSWER-One who makes oath to a written statement. Technically, a person subscribing a deposition but used interchangeably with "affiant". 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, office 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. This agreement, once established, should be unalterable. Executor - ANSWER-One named in a will to carry out the provisions of the will. Ex Parte (From One Side Only) - ANSWER-A hearing or examination in the presence of, or on papers filed by, one party and in the absence of the other. 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. Judgment - ANSWER-Decree of a court declaring that one individual is indebted to another and fixing the amount of such indebtedness. Jurat - ANSWER-The part of an affidavit where the officer (notary public) certifies that it was sworn to before him. Placed directly after the signature in the affidavit. Laches - ANSWER-The delay or negligence in asserting one's legal rights. 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-An 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. The notary's general authority is defined in Sec. 135 of the Executive Law; the notary has certain other powers which can be found in the various provisions of law. Oath - ANSWER-A verbal pledge given by a 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 statement. 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, or acceptance, and that such payment or acceptance was refused. Seal - ANSWER-The laws of the State of New York do not require the use of a seals by notaries public. If a seal is used, it should sufficiently identify the notary public, his authority and jurisdiction. It is the opinion of the Department of State that the only inscription required is the name of the notary and the words "Notary Public for the State of New York". Signature of Notary Public - ANSWER-A notary public must sign the name under which he was appointed and no other. In addition to his signature and venue, the notary public shall print, typewrite or stamp beneath his signature in black ink, his name, the words "Notary Public State of New York," the name of the country in which he is qualified, and the date upon which his commission expires. Statute - ANSWER-A law established by an act of the Legislature. Statute of Frauds - ANSWER-State law which provides that certain contracts must be in writing or partially complied with, in order to be enforceable at law. Statute of Limitations - ANSWER-A law that limits the time within which a criminal prosecution 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 - ANSWER-A notary public may administer an oath or take an affidavit or acknowledgement on Sunday. However, a deposition cannot be taken on Sunday in a civil proceeding. Swear - ANSWER-This term includes every mode authorized by law for administering an oath. Taking an Acknowledgment - 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 acknowledgment is taken. The notary public "certifies to the taking of the acknowledgment" when the notary signs his official signature to the form setting forth the fact of the taking of the acknowledgment. Venue - ANSWER-The geographical place where a notary public takes an affidavit or acknowledgment. Every affidavit or certificate of acknowledgment should show on its face the venue of the notarial act. The venue is usually set forth at the beginning of the instrument or at the top of the notary's jurat, or official certification, as follows: "State of New York, County of (New York). It is the duty of the notary public to include the venue of his act in all certificates of acknowledgments or jurats to affidavits. Will - ANSWER-The disposition of one's property to take effect after death. If a notary refused to administer an oath that appears legal when requested of her she could get a maximum jail sentence of: - ANSWER-one year The formal declaration made by a subscribing witness to the execution of a document is called a: - ANSWER-proof Which of the following is a requirement to become a Notary Public in New York A) be 18 years old B) common school education C) be an actual resident or qualified resident D) all of the above - ANSWER-D) all of the above If a Notary moves to another state but still works in NYS he/she: - ANSWER-is still a "qualified resident" Which of the following are acceptable defects (the instrument will be valid)? A) If the Notary Public was a fake Notary! B) If the Notary had an expired license C) If a New York Notary notarized the instrument while physically in California D) all of the above - ANSWER-D) all of the above If your co-worker you know appears before you to notarize an affidavit, you must: - ANSWER-Administer an Oath and fill out the Jurat What is the geographical place where the Notary describes where he took an affidavit or acknowledgement? - ANSWER-Venue Which of the following activities may a non-attorney Notary perform? - ANSWER-Administer an oath for a NYS oath of office affidavit The fee charged to the affiant by the County clerk for a certificate of Official Character, for the notary stamp on an affidavit of support for immigration: - ANSWER-$5 What act can be performed by a Notary Public on Saturday? - ANSWER-An affidavit in connection with criminal deposition What is every instrument in writing, except a will that transfers real estate interests? - ANSWER-Conveyance The words, "Sworn to before me this ___ day of ____" - ANSWER-The Jurat Legal consideration can be considered: A) money B) services C) love and affection D) all of the above - ANSWER-D) all of the above A deposition is: - ANSWER-the testimony of a witness taken out of court under oath/affirmation Who is entitled to the fees for the Notary acts performed? - ANSWER-The Notary Public Is the Notary required to own a seal or stamp? - ANSWER-not required to own either What name must the Notary always use? - ANSWER-the name appointed under and no other If a woman Notary marries during teh 4 year commission which name can she use? - ANSWER-Ultimately, any of the above she chose officially Who must be in the presence of the Notary public to witness the inventory of a safety deposit box? - ANSWER-A bank officer or employee of the lessor Which is required for a conveyance in another language to be recorded? A) translator certificate of designation by a judge B) translation in English C) affidavit of translator stating translation is true and accurate D) all of the above - ANSWER-D) all of the above What can happen to a Notary for doing something illegal or with malfeasance? A) can be summoned to a NYS tribunal hearing for license revocation B) can go to criminal court as a defendant C) can be sued for monetary damages in Civil Court D) all of the above - ANSWER-D) all of the above Who signs the attestation clause on an official document (such as a will)? - ANSWER-The witness What is Chattel? - ANSWER-Personal property such as household goods or fixtures Who issues certificates upon at the request of people who have anything notarized? A) the country clerks office B) the Secretary of State's office C) The Notary Public D) All of the above - ANSWER-D) all of the above What is a codicil? - ANSWER-An instrument that modifies an already existing will What is the fee charged to a person for witnessing a protest? - ANSWER-$.75 for the first one and $.10 for the second one What is the maximum jail sentence for a Class A misdemeanor? - ANSWER-one year What is the minimum sentence for a regular misdemeanor? - ANSWER-a definite sentence to be fixed by the court What is the maximum sentence for a Class E felony? - ANSWER-four years What is the minimal sentence for a Class E felony? - ANSWER-three years What type of conviction is forgery in the second degree? - ANSWER-Class D felony 3-7 years What type of conviction is issuing a false certificate? - ANSWER-Class E felony 3-4 years Where is the Notary Public's authority defined? - ANSWER-Sect. 135 of the Executive Law & The Notary License Law booklet What is included on an authentication certificate issued by a Country Clerk? A) a certificate of Official Conduct B) An official signature of County Clerk that could be facsimile, printed, or engraved C) Certification of Notary's signature stating that the signature is genuine D) all of the above - ANSWER-D) all of the above Which of the following is a Class A Misdemeanor? A) acting as an attorney without a license B) acting as a Notary Public without a license? C) Acting as a Commissioner of Deeds without a license? D) all of the above public officers - ANSWER-D) all of the above public officers Who cannot become a Notary Public in NYS? - ANSWER-A County Sheriff and a former Commissioner of Deeds for NYC who was removed from office 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 Year, but only if she is not a party to the instrument individually or as a Co. Rep. Who can issue certified copies? - ANSWER-The public official having custody of the original [Show Less]
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NYS Notary Public License Exam 2023
Notaries public are commissioned by _____________. - ANSWER-Secretary of State An applicant's original application and $60 fee is sent to the __________... [Show More] ___. - ANSWER-Division of Licensing Services. The Notaries public applications' oath of office must be _____________. - ANSWER-sworn and notarized The Secretary of State forwards the Notary Public commission, original oath of office and signature to _______________. - ANSWER-county clerk Who maintains a record of commission and signature upon approval of an applicant for Notary Public? - ANSWER-county clerk Who can authenticate the signature of the notary and attest to the authority to sign? - ANSWER-county clerk What may notaries who expect to sign documents regularly in counties other than that of their residence elect to file? - ANSWER-certificate of official character Where are attorneys/non-residents who maintain an office within the state but do not live in the State deemed residents of? - ANSWER-county of office Where must the oath of office and signature of the notary be filed? - ANSWER-in the county clerk's office of the county of practice The practice of taking acknowledgments and affidavits over the telephone is ___________________. - ANSWER-illegal The slipshod administration of oaths is ________________. - ANSWER-unacceptable (to the Secretary of State) The simplest form in which an oath may be lawfully administered is: - ANSWER-1. Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true? 2. Do you solemnly, sincerely and truly declare and affirm that the atwtements made by you are true and correct? Prohibited practices of law by notaries public subject the notary public to __________________. - ANSWER-removal from office by the Secretary of State, possible imprisonment, fine, or both. Prohibited practices of law by a notary are: - ANSWER-1. Giving advice on the law 2. Asking for and getting legal business to send to a lawyer from whom he receives any money/consideration 3. Dividing legal fees with a lawyer 4. Advertising or circulating any ad with rights not given to the notary. A notary public is cautioned not to/has no authority to execute an acknowledgment of the execution of a _______________. - ANSWER-will, marriage Why shouldn't notaries public execute an acknowledgment of execution of a will? - ANSWER-It cannot be deemed equivalent to an attestation clause accompanying a will. It is also an invasion of the legal profession. A nonresident with no office or place of business in this state does what? - ANSWER-vacates office A resident of NYS that moves out of the state and does not retain an office or place of business in state does what? - ANSWER-vacates office A non-resident who does not maintain an office in NYS who accepts the office of notary public does what? - ANSWER-appoints the Secretary of State to serve upon his behalf Unless an attorney, the Secretary of State shall satisfy himself that the applicant is - ANSWER-1. of good moral character 2. has the equivalent of a common school education 3. is familiar with the duties and responsibilities of a notary public The notary public must apply for reappointment within how long of expiration to waive qualifying requirements by the Secretary of State? - ANSWER-6 months The notary public who is enlisted in the armed forces must apply for reappointment within how long of expiration and military discharge (not dishonorable) to waive qualifying requirements by the Secretary of State? - ANSWER-1 year Who may suspend or remove any notary from office for misconduct? - ANSWER-Secretary of State What must be done before a Secretary of State can suspend or remove a notary from office for misconduct? - ANSWER-The notary public must be served with a copy of the charges and have an opportunity to be heard. Can a person be appointed as a notary public if they have been convicted of a crime? - ANSWER-Yes (if the Secretary of State finds the convictions do not constitute a bar to appointment, e.g. by obtaining an executive pardon, a certificate of relief from disabilities, or a certificate of good conduct from the parole board) Applicants for a notary public commission should submit their application with oath of office (duly executed) with their signature to the ____________________. - ANSWER-Secretary of State How much is the non-refundable application fee that is sent to the Secretary of State? - ANSWER-$60 What information is contained on the notary public identification card? - ANSWER-appointee's name, address, county and commission term What will the Secretary of State send to the county clerk upon application and approval of appointment? - ANSWER-the commission (duly dated), oath of office (original or certified copy), official signature, and $20 apportioned from the application fee (by the 10th day of the following month) The county clerk, upon application approval, will make a proper index of what? - ANSWER-commissions and official signatures Applicants for reappointment should submit their application and oath of office to the ______________________. - ANSWER-county clerk Who will issue the commission for reappointment? - ANSWER-county clerk What will the county clerk send to the Secretary of State upon application and approval of reappointment? - ANSWER-the commission, oath of office (original or certified copy), official signature, and $40 apportioned from the application fee (plus interest as required by NYS) (by the 10th day of the following month) The Secretary of State, upon application reapproval, will make a proper index of what? - ANSWER-commissions A duplicate ID card may be issued upon what? - ANSWER-an ID card lost, destroyed or damaged Each duplicate ID card will have what? - ANSWER-the word "duplicate" stamped across the face and the same number as the one it replaces Who may certify to the official character of the notary public? - ANSWER-the Secretary of State or county clerk How much does the Secretary of State or county clerk collect for issuing a certificate of official character? - ANSWER-$1 How much does it cost to request a certificate of proof, acknowledgment or oath from the county clerk? - ANSWER-$3 What does a county clerk check when certifying a notarial signature? - ANSWER-1. confirms he is acquainted with the handwriting of the notary or compares the signature and believes it is genuine 2. state that the signature has been filed in his office and that he was taking proof, acknowledgment or oath at the time Who is not allowed to be appointed commissioner or notary public? - ANSWER-1. a person removed from office as a commissioner of deeds for NYC 2. a sheriff (who may not hold any other office) 3. person convicted of violation of US selective draft of May 18, 1917 or federal selective training and service act of 1940 A person signing or executing an instrument after knowledge of removal from notary public office is guilty of a ___________________. - ANSWER-misdemeanor The individual appointed by the county clerk to be available to notarize documents for free during normal business hours at the county clerk's office is exempt from what? - ANSWER-exam fee and application fee A notary public cannot act in a case if he is involved in what capacity? - ANSWER-if he is a party to or directly and pecuniarily (or beneficially) interested in the transaction What forms may the signature and seal of a county clerk be in? - ANSWER-1. facsimile (exact copy) 2. printed 3. stamped 4. photographed 5. engraved A notary public is qualified to - ANSWER-1. administer oaths and affirmations 2. take affidavits and depositions 3. receive and certify acknowledgments or proof of deeds, mortgages and powers of attorney (and other instruments in writing) 4. demand acceptance or payment of foreign and inland bills of exchange, promissory notes and obligations in writing 5. protest the same for non-acceptance or non-payment 6. exercise powers and duties in another jurisdiction according to commercial usage if he writes name of jurisdiction A notary public cannot demand or receive a protest for non-payment a fee greater than ____________________. - ANSWER-75 cents for the protest, 10 cents for each notice, not exceeding five, on any bill or note A notary public who advertises in a language other than English should also post this statement: - ANSWER-I am not an attorney licensed to practice law and may not give legal advice about immigration or any other legal matter or accept fees for legal advice. (printed clearly and conspicuously and made in the same language as the advertisement) Any notary public who violates the terms for advertising (set forth by the Secretary of State) may be punished in the following ways: - ANSWER-1. first violation: a civil penalty of up to $1,000 (recoverable in an action) 2. second violation: suspension (by Secretary of State) 3. third violation: removal from office (by Secretary of State) (notary should first be served with a copy of the charges against him and given an opportunity to be heard) How much is a notary public entitled to for administering an oath/affirmation? - ANSWER-$2 How much is a notary public entitled to for taking/certifying the acknowledgment/proof of execution of a written instrument, by one person? - ANSWER-$2 How much is a notary public entitled to for taking/certifying the acknowledgment/proof of execution of a written instrument, by each additional person or swearing witness? - ANSWER-$2 What should a notary public print, typewrite or stamp in black ink beneath his signature, or in other words be contained in the Statement of Authority (in addition to venue and signature)? - ANSWER-name, words "Notary Public State of New York", county originally qualified, commission expiration date and, where required, county where certificate of official character is filed, using the words "Certificate filed ................... County." What is the format of the Statement of Authority (information beneath signature)? - ANSWER-Notary Public, State of New York No. _____________ Qualified in _________ County Commission Expires __________, 20__. The official certificates made by notaries public shall not be deemed invalid, impaired or in any manner defective by these (6) defects: - ANSWER-1. ineligibility of the notary public or commissioner of deeds to be appointed 2. misnomer or misspelling of name or other error made in his appointment 3. omission of the NP to take or file his official oath or otherwise qualify 4. expiration of his term 5. vacating of his office by change of his residence, or by acceptance of another public office; 6. the fact that the action was taken outside the jurisdiction where the NP was authorized to act No notary public shall be entitled to withstand certain defects of official certificates if _______________________________. - ANSWER-he knew of the defect or if the defect was apparent on the face of the certificate conveyance - ANSWER-every written instrument where any estate or interest in real property is created, transferred, mortgaged or assigned, or title to any real property is affected The acknowledgment or proof of a conveyance of real property may be made: - ANSWER-1. At any place within the state, before (a) a justice of the supreme court; (b) an official examiner of title; (c) an official referee; or (d) a notary public. 2. Within the district where officer is authorized to perform official duties, before (a) a judge or clerk of any court of record; (b) a commissioner of deeds outside of NYC, or a commissioner of deeds of NYC within the 5 counties comprising NYC (c) the mayor or recorder of a city; (d) a surrogate, special surrogate, or special county judge; or (e) the CC or other recording officer of a county. 3. Before a justice of the peace, town councilman, village police justice or a judge of any court of inferior local jurisdiction, anywhere within the county containing the town, village or city When the execution of a conveyance is proved by a subscribing witness, the subscribing witness must provide _______________. - ANSWER-his own place of residence (city, street and street number), and that he knew the person described and executed the conveyance Proof by subscribing witness must not be taken unless the notary public is ______________________. - ANSWER-personally acquainted with the witness or has satisfactory evidence that he is the same person A notary public taking acknowledgment or proof of a conveyance must endorse/attach a _______________________. - ANSWER-signed certificate (stating all the matters to be done, known, or proved) and the name and substance of each witness jurat - ANSWER-Latin name for the part of an affidavit where the notary public certifies that it was sworn to before him. The form is generally: "Sworn to before me this ....... day of ............, 20 ........" In New York State, the notary can notarize a document written in a foreign language, however, the notarial wording, the part that the notary public places on the document must be in ____________. - ANSWER-English A recording officer should record any conveyance of real property in the English language unless ___________________________________. - ANSWER-they attach a translation made by a person duly designated for such purpose by the county judge of the county desired to record such conveyance or a justice of the supreme court and must be deemed be a true and accurate translation with certification of the designation of such person by the judge. What may be required when the instrument is recorded or used in evidence outside the State? - ANSWER-certificate of authentication [Show Less]
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NYS Notary Practice Exam 2023 Questions with correct Answers
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... [Show More] 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-th [Show Less]
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