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