Terms Flashcards
Acknowledgement
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)
Administrator
A person appointed by the court to manage the estate of a deceased person who left no will
Affidavit
a signed statement, duly sworn to by the maker before a notary public or other officer authorized to administer oaths (more info in notes)
Affiant
The person who makes and subscribes his signature to an affidavit (check notes)
Affidavit
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)
Affirmation
a solemn declaration made by persons who carefully decline taking an oath
Apostile
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
Attest
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
Authentication (Notarial)
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”.
Attestation clause
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)
Bill of sale
a written instrument given to pass title of personal property from
Certified copy
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)
Chattel
personal property, such as household goods or fixtures
Chattel paper
a contract or written obligation to pay for personal goods
Codicil
part of a will that is added after the will is executed (prepared); it is attached to the will and modifies it
Consideration
anything of value that is given as an inducement for someone to enter into a contract; can be real property or services
Contempt of court
disrespectful behavior to the authority of a court that disrupts proceedings
Contract
an agreement between parties to do or not do certain things for a legal consideration
Conveyance (deed)
every instrument, in writing, except a will, by which any estate or interest in real property is created, transferred, assigned or surrendered
Deponent
a person who subscribes (signs) a deposition under oath; same as affiant
Deposition
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
Duress
unlawful constraint exercised upon a person whereby he is forced to do some act against his will
Escrow
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
Executor
person appointed to handle the affairs of the decedent who had a will
Ex Parte (from one side only)
a hearing or examination in the presence of, or on papers filed by one party and in the absence of the other
Jurat
the part of the affidavit which contains the np certification that the instrument was duly sworn to in front of the np
Lien
the attachment of a legal claim on property until the debt on the property is satisfied
Laches
the delay or negligence in asserting’s one’s legal rights
Notary Public
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
Oath
a verbal statement of the truth of the statements made by the person taking the oath
Proof
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
Protest
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
Seal
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”
Signature of notary public
a np must sign with the same name under which the was appointed
Statute of frauds
state law which provides that certain contracts must be in writing or partially complied with in order to be enforceable by law
Subordination clause
a clause in a contract that permits one mortgage to take priority over another
Sunday
a np may administer an oath, take an affidavit, or acknowledgement on Sunday but not a deposition in a civil proceeding
Taking an acknowledgement
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
Commissioner of deeds
a public officer similar to a np who may administer oaths and take acknowledgements or proofs of deed and other documents in NYC
Incorporation
the legal process used to form a corporate entity or company from a sole proprietorship or general partnership
