Acknowledgement - ANSWER-A formal declaration before a duly authorized officer by a person who has executed an instrument that such execution is his act
... [Show More] and 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]