Terms Flashcards
What is an affiant?
A person swearing to an affidavit.
What is laches?
Delay or negligence in asserting one’s legal rights.
What is an apostile?
A form of ID used by the state department. It is a notarized court level document used internationally.
What is chattel?
Movable personal property. NOT Real estate.
What is a jurat?
Clause at the end of the document stating the date, place and name of the officer (notary public) certified that it was sworn before him.
What is an attestation clause and where is it used?
This is the clause at the end of the will where the witnesses certify that the will was executed before them.
What is chattel paper?
Writing that indicates that the holder is owned money and has a secured interest in valuable goods associated with the debt.
What is a conveyance?
A deed.
A legal document that serves as proof of a deed (or title) which creates, transfers, assigns or surrenders any interest in real property.
What does an Administrator do?
He is appointed by the court to manage the estate of a deceased person who left no will.
Can a notary issue certified copies of public records?
No. Only public officials who have the originals can do this.
What is contempt of court?
Disrespectful behavior toward the authority of the court that disrupts the execution of court orders.
Ex parte means what?
Literally from one side only. Not all parties are required to be present.
Affidavit is an example.
A lien does what?
The right to retain the possession of another person’s property the owner fulfills a legal duty to the person holding the property such as satisfying a debt.
What does a mortgage on real property create?
A legal document that creates a lien on real estate as security until a debt has been satisfied.
What type of officer is a notary?
Public officer
Who issues appointment of a notary?
Secretary of State
What is fee for appointment as notary?
How does the fee get allocated? $
$60.
$20 gets transmitted to the County Clerk from Secretary of State.
What age and education are needed to be a notary?
18 years old
Common school education
Do I need to be a citizen of NY state and live in the state to be a NY notary?
No. At time of appointment if you do business in NY you can receive appointment.
Do I have to vacate my position of notary if I move out of state?
Yes unless you are doing business in NY.
Who can be a notary without taking the test?
Lawyers working in the state
Who needs to take the notary test but does not have to pay a fee?
Those working on the county clerk’s staff. Each county clerk’s office should have at least one notary.
What public official cannot be a notary?
Sherrifs. Sherrifs are to hold no other public office.
What disqualifies a notary from acting on a case?
If he is a party to the transaction.
What service has a fee of $.75
Protest of note, commercial paper, etc.
Each additional note of protest costs $.10
What services does a notary charge $2 for?
Oath or affirmation Acknowledgment (per person)
Proof of execution (each person)
Swearing witness
What is a certificate of official character?
A document filed in a county other than of the notary’s residence. It is filed with a county clerk. Fee for this is $1.
How much is the fee for a certificate of authentication?
$3.
The county clerk of a county in whose office any notary public has qualified or has filed his autograph signature and a certificate of his official character, shall, when so requested and upon payment of a fee of $3 affix to any certificate of proof or acknowledgment or oath signed by such notary anywhere in the State of New York, a certificate under his hand and seal, stating that a commission or a certificate of his official character with his autograph signature has been filed in his office, and that he was at the time of taking such proof or acknowledgment or oath duly authorized to take the same; that he is well acquainted with the handwriting of such notary public or has compared the signature on the certificate of proof or acknowledgment or oath with the autograph signature deposited in his office by such notary public and believes that the signature is genuine. An instrument with such certificate of authentication of the county clerk affixed thereto shall be entitled to be read in evidence or to be recorded in any of the counties of this State in respect to which a certificate of a county clerk may be necessary for either purpose.
What services can notaries provide?
Administer Oaths and affirmations
Take affidavits and depositions
Receive and certify acknowledgments or proof of deeds, mortgages, and powers of attorney
Oath or affirmation Acknowledgment (p
Proof of execution (each person)
Swearing witness
Can commissioners of elections and inspectors of elections be notaries?
Yes.
Do count clerk offices need to pay fees for the exam application ?
All notaries appointed by the county clerk are exempt from the exam and application fee.
What is the fee to take the notary exam?
$15
What violation disqualifies a person from being a notary?
Violation of the selective service act.
Is there a fee for a notary changing his name or Address?
Yes. $10 for each.
How much does getting a duplicate ID card cost and what is different about the replacement card?
$10
It is stamped with the word duplicate across the face of the card.
It has the same number as the original card.
Can a notary be reinstated after being removed?
No.
Can a notary be removed by having charges sent to him?
No. He must also have had an opportunity to be heard.
A conviction of fraud by a notary is a felony?
T or F
False.
It is a misdemeanor.
The signature and seal can be a facsimile, photo or stamped. It does not have to be engraved?
T or F
True
What can a notary do and what can he not do on Sunday?
Cannot Take a deposition in civil proceeding.
Can administer oath or take an affidavit or acknowledgment.
If guilty of malfeasance, to whom are you liable?
Liable in damages to the person injured.
Can a notary be paid in advance?
Yes, if the law allows.
What exposure is there for charging more than the statutory allowance?
Criminal prosecution, civil suit and possible removal.
Can a notary be liable for treble damages?
Yes by asking for a fee if service not rendered, for charging greater than statutory amounts.
Can a notary be charged with misconduct if he doesn’t perform a duty?
Yes, if he “refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office.”
Is it ok to use blue or black ink on notarized documents?
No. Only blank ink.
What words does an attorney substitute for “Notary Public State of New York” in the signature?
Attorney and Counselor at Law
What is statute of limitations on claiming a defect of the notary?
6 months.
Is a lease with a 2 year term a conveyance?
No. Leases of at least 3 years are considered conveyances.
Can a conveyance include a land transfer
No. Land contracts are not conveyances.
What is needed for a conveyance in a foreign language?
An authenticated translation Authenticated by county judge or Supreme Court justice is certified under oath to be a true and accurate translation.
What constitutes a defect by a notary?
Not appointed as a notary
Misspelling of name made in appointment as notary
Expiration of term, commission or appointment
Acting outside jurisdiction where authorized to act
Error with oath taken
Change of residence resulting in vacating office
What is statute of limitations on claiming a defect of the notary?
6 months.
Is a lease with a 2 year term a conveyance?
No. Leases of at least 3 years are considered conveyances.
Can a conveyance include a land transfer
No. Land contracts are not conveyances.
What is needed for a conveyance in a foreign language?
An authenticated translation Authenticated by county judge or Supreme Court justice is certified under oath to be a true and accurate translation.
What constitutes a defect by a notary?
Not appointed as a notary
Misspelling of name made in appointment as notary
Expiration of term, commission or appointment
Acting outside jurisdiction where authorized to act
Error with oath taken
Change of residence resulting in vacating office
When can a person not claim a defect by notary?
After 6 months
Knew of the defect
Defect was apparent on the face of the certificate of the notary
What is on the ID Card of a notary?
Name
Address
County
Commission Term
What are the maximum sentences for:
Misdemeanor
Class D felony
Class E felony
1 year
7 years
4 years
What is minimum sentence for a felony?
3 years
Forgery in the second degree is a class E felony.
T OR F
False.
It is a Class D felony with sentence minimum 3 years, maximum 7 years.
What does a notary need to do to advertise in another language?
Post a disclaimer that he is not an attorney
Who can practice as a non-attorney (sec. 484)?
Law students after 2 semesters
Law school graduates who have failed the bar exam no more than once
Officers for the prevention of cruelty
Who can practice as a non-attorney (sec. 484)?
Law students after 2 semesters
Law school graduates who have failed the bar exam no more than once
Officers for the prevention of cruelty
What does a notary need to do to advertise in another language?
Post a disclaimer that he is not an attorney
Do I need to be a US citizen to be a notary?
Yes
Can a notary execute wills?
No. It is punishable for criminal contempt
Can a notary execute wills?
No. It is punishable for criminal contempt
What does the notary file with safe deposit box lessor?
Date box was opened
Name of lessee
Inventory of box contents
What is it called to witness the execution of a written instrument, at the request of the same person who makes it, and subscribe the same as a witness?
Attest
What is an attestation clause?
The clause at the end of a will where witnesses certify before them, and the manner of the execution of the same.
What does the notary file with safe deposit box lessor?
Date box was opened
Name of lessee
Inventory of box contents
What is it called to witness the execution of a written instrument, at the request of the same person who makes it, and subscribe the same as a witness?
Attest
What is an attestation clause?
The clause at the end of a will where witnesses certify before them, and the manner of the execution of the same.
Who is a notary entitled to collect a fee from for administering the oath of office?
No one. Section 69
Who is a notary entitled to collect a fee from for administering the oath of office?
No one. Section 69
What is a deponent?
A person who testifies to information or facts under oath in a deposition. A deponent is also an affiant.
Who can a notary not administer an oath to?
a) Secretary of State
b) a military officer
c) himself
d) A member of the legislature
c) himself
What is an Authentication?
A document signed by a notary authenticated by the county clerk. This document authenticated/verifies the authority of the notary public. Also called county clerk’s certificate.
What is a deponent?
A person who testifies to information or facts under oath in a deposition. A deponent is also an affiant.
Who can a notary not administer an oath to?
a) Secretary of State
b) a military officer
c) himself
d) A member of the legislature
c) himself
What is an Authentication?
A document signed by a notary authenticated by the county clerk. This document authenticated/verifies the authority of the notary public. Also called county clerk’s certificate.
What is the state law that refers that certain contracts must be in writing to be enforceable?
Statute of frauds
What is issuing a false certificate?
Issuing an instrument with the intent to defraud, deceive or injure.
Penalty: class E felony
If a notary refuses to officiate on request what is he guilty of?
Misdemeanor
What results in official misconduct?
Acting with intent to obtain a benefit or injure or deprive another of a benefit.
- knowingly commits an act relating to his office, constituting an unauthorized exercise of his functions
- refrains from performing a duty inherent in his office
class A misdemeanor
What is the state law that refers that certain contracts must be in writing to be enforceable?
Statute of frauds
What results in official misconduct?
With intent to obtain a benefit or injure or deprive another of a benefit.
- knowingly commits an act relating to his office, constituting an unauthorized exercise of his functions
- refrains from performing a duty inherent in his office
class A misdemeanor
If a notary refuses to officiate on request what is he guilty of?
Misdemeanor
What is issuing a false certificate?
Issuing an instrument with the intent to defraud, deceive or injure.
Penalty: class E felony
When forgery is committed, one is guilty of forgery in the _______ degree?
Second
A felony can have an indeterminate sentence. What does this mean and how long is the term?
It is a sentence where an amount of jail time is not assigned. The maximum time in such a sentence is 3 years.
Issuing a false certificate is a class E felony.
T or F?
True. It is class E
Fraud is punishable as a felony.
T or F?
Fraud or deceit is punishable as a misdemeanor
Is official misconduct a Class misdemeanor?
Yes. Class A misdemeanor.
