Terms

Question 1

Acknowledgement

Answer 1

a formal declaration before an authorized officer by a person described in and who has executed the instrument that the execution is their act and deed (more info in notes)

Question 2

Administrator

Answer 2

A person appointed by the court to manage the estate of a deceased person who left no will

Question 3

Affidavit

Answer 3

a signed statement, duly sworn to by the maker before a notary public or other officer authorized to administer oaths (more info in notes)

Question 4

Affiant

Answer 4

The person who makes and subscribes his signature to an affidavit (check notes)

Question 5

Affidavit

Answer 5

a signed statement that is sworn to by the person that made it before a np or other officer authorized to make oaths (check notes)

Question 6

Affirmation

Answer 6

a solemn declaration made by persons who carefully decline taking an oath

Question 7

Apostile

Answer 7

Department of State authentication attached to a notarized and country-certified document for international use; issued by sos and attached to the document that has already been certified by the cc

Question 8

Attest

Answer 8

When a person who is a witness to the creation of a document, that person can stste that fact by “attesting” that they were present

Question 9

Authentication (Notarial)

Answer 9

a notarized document may be “authenticated” by a cc. An “authentication certificate” is attached to the document and is referred to as a “County Clerk’s Certificate”.

Question 10

Attestation clause

Answer 10

as it relates to wills, attestation clause located at the end of a will is where witnesses attest that they were present at the time the will was executed (see notes)

Question 11

Bill of sale

Answer 11

a written instrument given to pass title of personal property from

Question 12

Certified copy

Answer 12

a copy of a public record signed and certified as a true copy by the public official who has custody of the original (see notes)

Question 13

Chattel

Answer 13

personal property, such as household goods or fixtures

Question 14

Chattel paper

Answer 14

a contract or written obligation to pay for personal goods

Question 15

Codicil

Answer 15

part of a will that is added after the will is executed (prepared); it is attached to the will and modifies it

Question 16

Consideration

Answer 16

anything of value that is given as an inducement for someone to enter into a contract; can be real property or services

Question 17

Contempt of court

Answer 17

disrespectful behavior to the authority of a court that disrupts proceedings

Question 18

Contract

Answer 18

an agreement between parties to do or not do certain things for a legal consideration

Question 19

Conveyance (deed)

Answer 19

every instrument, in writing, except a will, by which any estate or interest in real property is created, transferred, assigned or surrendered

Question 20

Deponent

Answer 20

a person who subscribes (signs) a deposition under oath; same as affiant

Question 21

Deposition

Answer 21

testimony taken out of court and in front of a public official such as a notary; intended to be used at a trial or hearing

Question 22

Duress

Answer 22

unlawful constraint exercised upon a person whereby he is forced to do some act against his will

Question 23

Escrow

Answer 23

giving an instrument to a person who holds it until a designated action occurs then it is given to a third person; person sells house-attorney holds money until require repairs are made-when made, the money is released to the agreed upon party

Question 24

Executor

Answer 24

person appointed to handle the affairs of the decedent who had a will

Question 25

Ex Parte (from one side only)

Answer 25

a hearing or examination in the presence of, or on papers filed by one party and in the absence of the other

Question 26

Jurat

Answer 26

the part of the affidavit which contains the np certification that the instrument was duly sworn to in front of the np

Question 27

Lien

Answer 27

the attachment of a legal claim on property until the debt on the property is satisfied

Question 28

Laches

Answer 28

the delay or negligence in asserting’s one’s legal rights

Question 29

Notary Public

Answer 29

a public officer commissioned by NYS sos who is empowered among other things to administer oaths and affirmations and take acknowledgements of deeds or other instruments

Question 30

Oath

Answer 30

a verbal statement of the truth of the statements made by the person taking the oath

Question 31

Proof

Answer 31

the formal declaration of a witness to the execution of an instrument that he knew the person described in and who executed the instrument and that they saw that person execute the instrument

Question 32

Protest

Answer 32

a written statement by a np that a note or bill was presented for acceptance or payment and that such payment or acceptance was refused

Question 33

Seal

Answer 33

a notary may use a seal but it is not required; if used, it needs to identify their name and the words “Notary Public for the State of New York”

Question 34

Signature of notary public

Answer 34

a np must sign with the same name under which the was appointed

Question 35

Statute of frauds

Answer 35

state law which provides that certain contracts must be in writing or partially complied with in order to be enforceable by law

Question 36

Subordination clause

Answer 36

a clause in a contract that permits one mortgage to take priority over another

Question 37

Sunday

Answer 37

a np may administer an oath, take an affidavit, or acknowledgement on Sunday but not a deposition in a civil proceeding

Question 38

Taking an acknowledgement

Answer 38

the process of a np checking the identity of the person; a np takes and acknowledgement when a person named in the instrument informs the np that he is that person and that he did execute the instrument

Question 39

Commissioner of deeds

Answer 39

a public officer similar to a np who may administer oaths and take acknowledgements or proofs of deed and other documents in NYC

Question 40

Incorporation

Answer 40

the legal process used to form a corporate entity or company from a sole proprietorship or general partnership