Notary Public Definitions Flashcards
Abstract
A summary of the public records of the title to a piece of land.
Acknowledge
To recognize as one’s own. 2. In the notarial act called an acknowledgment, the document signer recognizes before a Notary that a signature on a document is his or her own and indicates that it was made voluntarily.
Acknowledgment
Notarial act in which a Notary certifies having positively identified a document signer who personally appeared before the Noary and admitted having signed the document freely.
Adjustable Rate Mortgage (ARM)
A mortgage in which the interest rate is adjusted periodically based on an index.
Adjustment Interval
For an adjustable rate mortgage, the time between changes in the interest rate charged.
Administer
To give formally, e.g., “administering” an oath or affirmation.
Administrative Penalty
Action taken against the commission of a Notary Public by the commissioning authority. Penalties may include fines and commission denial, suspension or revocation.
Affiant
- Signer of an affidavit. 2. Taker of an oath or affirmation.
Affidavit
Written statement signed before a Notary (or other authorized official) by a person who swears or affirms the statement is true.
Affirm
To make a solemn promise on one’s own personal honor with no reference to a Supreme Being.
Affirmant, Affirmation - Taker
One who makes an affirmation.
Affirmation
Spoken, solemn promise on one’s personal honor, with no reference to a Supreme Being, that is made before a Notary in relation to a jurat or as a notarial act in its own right.
Age of Majority
Age at which persons can exercise all normal legal rights – varying from 18 to 21 years, depending on state law. Also called “legal age”.
Agent’s Commission
Fee for performing as a representative or advocate on behalf of another person.
AKA
Abbreviation for “also known as”; otherwise named.
All - Purpose Acknowledgment Certificate
Acknowledgment certificate wording that is adaptable to any signer’s representative capacity.
Alteration
Method of creating a false identification document by tampering with a valid ID.
Amortization
Literally to “kill off;” the repayment of a mortgage loan by installments with regular payments to cover the principal and interest.
Annexed
Attached or accompanying.
Annual Percentage rate (APR)
The cost of a mortgage stated as a yearly rate; includes such items as interest, mortgage insurance and loan origination fee. The annual percentage rate is often higher than the interest rate for the loan.
Apostille
Authenticating certificate required by the Hague Convention on Authentication that replaces a traditional chain of certificates.
Appointment
Written authorization to perform notarial acts issued by a stat’s Governor, Secretary of State, or other empowering official. Called a “commission” in some states and jurisdictions.
Appraisal
The determination of a home’s market value based on recent sales information of similar properties.
Appraised Value
An opinion of a home’s market value, based on a qualified appraiser’s knowledge, experience and analysis.
Appraiser
A person qualified by education, training, and experience to estimate the value of real and personal property.
Assessed Value
The value placed on a home by a public tax assessor for property tax purposes.
Assessment
the procedure of process of placing a value on real property for property tax purposes.
Assignment
The transfer of a mortgage from one person to another.
Assumable Loan
A loan that may be passed on from a seller of a home to the buyer. The buyer “assumes” all outstanding payments.
Attorney in Fact
Person, not necessarily a lawyer, who is given authoity to sign or act on behalf of another individual (the principal) through a document called a power of attorney.
Authentication
Process of proving the genuineness of the signature.
Authority
Legal empowerment to sign form another person, organization, or legal entity, as the case of an attorney in face, trustee, corporate officer, partner and others.
Awareness
Ability to understand a document’s significance.
Backdate
Deceptive and sometimes illegal act of dating a document with a time before the actual signing or execution.
Background Screening
Under the Interagency Guidelines, background screening of employees with responsibilities for or access to customer information is one of eight suggested security measures that financial institutions must consider and adopt, as appropriate, in their information security program designed to protect the personal financial information of customers.
Balloon Mortgage
Usually a fixed-rate loan that has smaller payments for a certain period of time and one large payment for the remaining amount of the principal at a specified date.
Bankruptcy
A court proceeding in which a debtor who owes more than his or her assets can relieve the debts by transferring his or her assets to a trustee.
Beneficial Interest
Any advantage, not necessarily financial, that results in an actual or potential gain to a Notary.
Beneficiary
The party designated to receive the income from a Deed of Trust, estae or trust.
Bilingual
Able to read, write and speak two languages.
Biweekly Payment Mortgage
A mortgage that requires payments to reduce the debt every two weeks, instead of the stand monthly payment schedule.
Bond, Notary
Written guarantee that money up to a limit will be paid by a surety to a person financially damaged by a Notary’s misconduct in the event the Notary fails to do so.
Bound Pages
Pages securely fastened together to deter their unauthorized removal or replacement.
Calendar Integrity
The practice of keeping appointments, arriving for appointments on time and, in general, maintaining one’s personal schedule with honesty.
Cap
A set percentage amount by which an adjustable rate mortgage may be adjusted each adjustment period.
Capacity
Specific role of a representative signer – attorney in fact, trustee, corporate officer, partner or other – when signing for another person, organization or legal entity.
Cash-Out Refinance
A refinance transaction in which the amount
Certificate of Authority
Paper stating the signature and seal on an attached document belong to a legitimate Notary or other offical.
Certificate of Prothonotary
Certificate of authorityissued by a prothonotary – the equivalent of a county clerk in some states.
Certificate, Notary
Wording completed, signed and sealed and sealed by a Notary that states the particulars of a notarization and appears at the end of a signed document or on a paper attached to it.
Certificed Copy
Document certified by an official, such as a Notary, ot be an accurate reproduction of an original.
Chain Certification
Traditional authentication procedure that requires sequential attachment of certificates of authority, each validating the genuineness of the preceding one.
Chain of Personal Knowledge
Knowledge of identity linking the Notary with the signer through a credible identifying witness to establish the signer’s identity. The Notary personally knows and can identify the credible witness, and the credible witness personally knows and can identify the document signer.
Chronological
In the sequence of occurrence.
Civil Lawsuit
Legal action taken by a private person, corporation or other legal entity to recover losses caused by a Notary’s alleged misconduct.
Civil Penalty
Payment of funds by a Notary resulting from a lawsuit to recover financial losses that were claimed to have been caused by the Notary’s misconduct.
Clear Title
A title that is free of liens or disputed interests.
Closing
A meeting at which a sale of a property is finalized by the buyer signing mortgage documents and paying closing costs. Also called a “settlement.”
Closing Agent
An individual or firm handling the closing and legal transfer of title and ownership from the seller to the buyer in a real property transaction.
Closing Costs
Fees paid by the borrower when property is purchased or refinanced.
Cloud on Title
Any conditions revealed by a title search that adversely affect the title to a property.
Collateral
An item of value, such as a car or a home, that guarantees the repayment of a loan.
Collections
The process of claiming a payment as due and receiving payment.
Commission Revocation
Voiding the notarial powers of a Notary.
Commission Suspension
Voiding the notarial powers of a Notary for a specific period of time.
Commission
To authorize to perform notarial acts; written authorization to perform notarial acts issued by a state’s Governor, Secretary of State or other empowering official. Called an appointment in some states and jurisdictions.
Community Property
A form of ownership under which property acquired during a marriage is owned jointly.
Common Law
Legal system of English, its former colonies and the United States that evolved out of custom and unwritten law.
Confidentiality
Restricted access to information that is classified, sensitive and personal.
Conformed Copy
Reproduction of an original documetn whose unreproduced parts are filled in on the copy by hand.
Conforming Loan
Generally, a mortgage loan under the maximum dollar amount of loans established by Fannie Mae and Freddie Mac.
Conservator
Guardian; person with the lawful power and duty to manage the affairs of another individual.
Conspiracy
Association of persons to commit a crime; unlawful plot.
Construction Loan
A short-term loan for funding the cost of construction.
Consulate
The office of an official, called a consul, appointed by his or her home country to reside in a foreign nation and care for the interests of that government’s citizens through notarization, authentication of documents and other functions.
Conventional Loan
A mortgage neither insured by the Federal Housing Administration (FHA) nor guaranteed by the U.S. Department of Veterans Affairs (VA).
Conversion
The right of a borrower to convert an adjustable-rate loan or balloon loan into a fixed-rate loan.
Conveyance
Transfer of title or ownership.