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Questions and Answers List

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QuestionAnswer
A formal declaration before a duly authorized officer by a person who has executed an instrument that such execution is his act and deed.Acknowledgment
A person appointed by the court to manage the estate of a deceased person who left no willAdministrator
The person who makes and subscribes his signature to an affidavitAffiant
A solemn declaration by persons who conscientiously decline taking an oathAffirmation
Department of state authentication attached to a notarized and county-certified document for possible international useApostille
To witness the execution of a written instrument at the request of the person who makes it, and subscribe the same as a witnessAttest
That 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 sameAttestation Clause
A certificate subjoined by a county clerk to any certificate of proof or acknowledgment or oath signed by a notary --- county clerk certificate that authenticates the authority of a notaryAuthentication
A written instrument give to pass title of personal property from vendor to vendeeBill of sale
S copy of a public record signed and certified as a TRUE COPY by the public official having custody of the originalCertified Copy
Personal property, such as household goods or fixturesChattel
A mortgage on a personal property as opposed to a mortgage on real propertyChattel Mortgage
A writing which evidence both an obligation to pay money and security interest in a lease or specific goodsChattel Paper
Creates or provides for the security interestSecurity agreement
An instrument made subsequent to a will and modifying it in some respectsCodicil
Anything of value given to induce entering into a contract; money, personal services, or even love and affectionConsideration
Those for whom we provide notarial servicesConstituents
Behavior disrespectful of the authority of a court which disrupts the execution of court ordersContempt 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 possessesContract
Every instrument in writing, except a will, by which any estate or interest in real property is created, transferred, assigned or surrenderedConveyance
One who makes oath to a written statement. Technically, a person subscribing a deposition but used interchangeably with "Affiant"Deponent
Testimony of a witness taken out of court or other hearing proceeding, under oath or affirmation, before a notary or other person, officer or commissioner before whom such testimony is authorized by law to be taken, used at a trial or heaeaingDeposition
Unlawful constraint exercised upon a person whereby he is forced to do some act against his willDuress
Placing of an instrument in the hands of a person as a depository who is to deliver the instrument to a third person. UNALTERABLEEscrow
The complete or signExecute
One named in a will to carry out the provisions of the willExecuter
FROM ONE SIDE ONLY - a hearing or exam in the presence of or on papers filed by ONE PARTY and in the absence of the otherEx Parte
Crime punishable by death or imprisonment in a state prisonFelony
Person in charge of a minor's person or propertyGuardian
A legal documentInstrument
Decree of a court declaring that one individual is indebted to another and fixing the amount of such indebtednessJudgment
The delay or negligence in asserting one's legal rightsLaches
Contract where one who is entitled to the possession of real property transfers such right to another for a termLease
Legal right to claim upon a specific property which attaches to the property until a dept is satisfiedLien
The act of carrying on a lawsuitLitigation
Any crime other than a felonyMidsemeanor
Instrument in writing, duly executed and delivered that creates a lien upon real estate as security for the payment of a specified dept,Mortgage on real property
Executes acknowledgements of deeds/writings in order to render them available as evidence; administers oaths and affirmations as to the truth of statements contained in documents requiring the administration of an oathNotary Public
135 of the executive lawWhere is the notary's general authority defined
A verbal pledge given by the person taking it that his statements are made under an immediate sense of the responsibility to god, who will punish the affiant if the statements are falseOath
A person who starts a lawsuit or brings legal action against anotherPlantiff
A written statement by an individual giving another person the power to act for themPower of Attorney
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 the instrumentProof
Formal statement by writing by a notary under seal, that a certain bill of exchange or note was on a certain day presented for payment or acceptance, and that payment or acceptance was refusedProtest
The laws of the state of NY do not require the use of seals by notariesSeal
the NAME OF THE NOTARY, and the WORDS "notary public for the state of NY"The Only Inscription required by a notary
A law established by an act of the legislatureStatute
State law that provides that certain contracts must be in writing or partially complied with, in order to be enforceable at lawStatue of frauds
Law that limits the time within which a criminal prosecution or a civil action must be startedStatute of Limitations
Permits the placing of a mortgage at a later date which takes priority over an existing mortgageSubordination Clause
A DepositionWhat can't be taken on a sunday?
Includes every mode authorized by law for administering an oathSwear
The act of the person in an instrument telling the notary that he is the person named in the instrument and acknowledging that he executed such instrumentTaking an acknowledgement
When the notary signs his official signature to the form setting forth the fact of taking the acknowledgementWhen does the notary "certifies to the taking of the acknowledgement"?
the MALE person making a willTestator
The FEMALE personal making a willTestatrix
The place where a notary takes an affidavit or an acknowledgementVenue
The deposition of one's property to take effect after deathWill
The deposition of one's property to take effect after deathWill
The deposition of one's property to take effect after deathWill
4-6 weeksHow long will the notary ID card be issued after application?
Protects the notary from lawsuits and provide evidence against false claims by signersThe notary journal
County ClerkName change must be notified to whom?
$10Fee for a non-marital status name change or address change
3 months prior to the expirationRenewing notary applicants must begin the process when?
file a Certificate of Official Character with Stueben countyA notary lives in Ontario county but works in stueben county. she notarizes documents signed while at work and often needs to have her signature authenticated. what can she do in order to have this done in stueben county instead of ontario?
identified the signer with valid ID if not personally known by the NotaryWhen taking an acknowledgment from a signer the Notary partly guarantees having:
Has a law degree and has passed the bar examination in the state where he/she practicesA Notary Public CANNOT give legal advice EXCEPT when he/she
Are commissioned at the discretion of the Secretary of State under Executive LawsAll persons commissioned as notaries public in New York