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.
