NY Notary Public Exam Prep (2022/2023)
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Acknowledgment ✔✔A formal declaration before a duly authorized officer by a person who has
executed an instrument that such execution is his act and deed.
Administrator
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NY Notary Public Exam Prep (2022/2023)
Rated A+
Acknowledgment ✔✔A formal declaration before a duly authorized officer by a person who has
executed an instrument that such execution is his act and deed.
Administrator ✔✔A person appointed by the court to manage the estate of a deceased person
who left no will.
Affiant ✔✔The person who makes and subscribes his signature to an Affidavit.
Affidavit ✔✔A a signed statement, duly sworn by the maker thereof, before a Notary Public or
other officer authorized to administer Oaths.
Affirmation ✔✔A solemn declaration by persons who conscientiously decline taking an Oath.
Apostille ✔✔Department of State authentication attached to a notarized and county-certified
document for possible international use.
Attest ✔✔To witness the execution of a written instrument, at the request of the person who
makes it, and subscribe the same as a witness.
Attestation Clause ✔✔That clause (e.g., at the end of a will) wherein the witnesses certify that
the instrument has been executed before them, and the manner of the execution of the same.
Authentication (Notarial) ✔✔A certificate subjoined by a county clerk to any certificate of proof,
Acknowledgment or Oath signed by a Notary; this county clerk's certificate authenticates or
verifies the authority of the Notary Public to act as such. (See 133 Executive Law)
Bill of Sale ✔✔A written instrument given to pass title of personal property from vendor to
vendee.
Certified Copy ✔✔A copy of a public record signed and certified as a true copy by the public
official having custody of the original.
Chattel ✔✔Personal property, such as household goods or fixtures.
Chattel Mortgage ✔✔A mortgage on personal property as opposed to a mortgage on real
property.
Chattel Paper ✔✔A writing or writings which evidence both an obligation to pay money and
security interest in a lease or specific goods. The agreement which creates or provides for the
security interest is known as a security agreement.
Codicil ✔✔A document made subsequent to (after) a last will and testament and modifying it in
some respects. This is often used to correct sections of a will.
Consideration ✔✔Anything of value given to induce entering into a contract; it may be money,
personal services, or even love and affection.
Constituents ✔✔Those for whom we provide notarial services. Our customers or clients.
Contempt of Court ✔✔Behavior disrespectful of the authority of a court which disrupts the
execution of court orders.
Contract ✔✔An agreement between competent parties to do or not to do certain things for a legal
consideration, whereby each party acquires a right to what the other possesses.
Conveyance (Deed) ✔✔Every instrument, in writing, except a will, by which any estate or
interest in real property is created, transferred, assigned or surrendered.
County Clerk's Certificate ✔✔A certificate subjoined by a county clerk to any certificate of
proof, Acknowledgment or Oath signed by a Notary; this county clerk's certificate authenticates
or verifies the authority of the Notary Public to act as such. (See 133 Executive Law)
Deponent ✔✔One who makes Oath to a written statement. Technically, a person subscribing a
deposition but used interchangeably with "Affiant."
Deposition ✔✔The testimony of a witness taken out of court or other hearing proceeding, under
Oath or Affirmation, before a Notary Public or other person, officer or commissioner before
whom such testimony is authorized by law to be taken, which is intended to be used at the trial or
hearing.
Duress ✔✔Unlawful constraint exercised upon a person whereby he is forced to do some act
against his will.
Escrow ✔✔The placing of an instrument in the hands of a person as a depository who on the
happening of a designated event, is to deliver the instrument to a third person. This agreement,
once established, should be unalterable.
Execute ✔✔To complete or sign. Making or completing a signature.
Executor ✔✔One named in a will to carry out the provisions of the will.
Ex Parte ✔✔A hearing or examination in the presence of, or on papers filed by, one party and in
the absence of the other.
Felony ✔✔A crime punishable by death or imprisonment in a state prison.
Guardian ✔✔A person in charge of a minor's person or property.
Instrument ✔✔A legal document.
Jurat ✔✔The Notary's certificate on an Affidavit.
Judgment ✔✔Decree of a court declaring that one individual is indebted to another and fixing
the amount of such indebtedness.
Laches ✔✔The delay or negligence in asserting one's rights.
Lease ✔✔A contract whereby, for a consideration, usually termed rent, one who is entitled to the
possession of real property transfers such right to another for life, for a term of years or at will.
Lien ✔✔A legal right or claim upon a specific property which attaches to the property until a
debt is satisfied.
Litigation ✔✔The act of carrying on a lawsuit
Malfeasance ✔✔The illegal actions of a public official, such as a Notary Public, that interfere
with the performance of his or her duties.
Misdemeanor ✔✔Any crime other than a felony.
Misfeasance ✔✔The actions of a public official, such as a Notary Public, that are performed in
such a way that is not technically illegal, but are nonetheless mistaken or wrong.
Mortgage On Real Property ✔✔An instrument in writing, duly executed and delivered that
creates a lien upon real estate as security for the payment of a specified debt, which is usually in
the form of a bond.
Notary Public ✔✔A public officer who executes Acknowledgments of deeds or writings in order
to render them available as evidence of the facts therein contained; administers Oaths and
Affirmation as to the truth of statements contained in papers or documents requiring the
administration of an Oath. The Notary's general authority is defined in §135 of the Executive
Law.
Oath ✔✔A verbal pledge given by the person taking it that his statements are made under an
immediate sense of this responsibility to God, who will punish the affiant if the statements are
false.
Plaintiff ✔✔A person who starts a suit or brings action against another in a civil preceeding.
Power of Attorney ✔✔A written statement by an individual giving another person the power to
act for them.
Presentment ✔✔The act of producing a negotiable or security instrument for payment or
acceptance.
Proof of Execution ✔✔The formal declaration under Oath or Affirmation made by a subscribing
witness to the signing of a document setting forth his or her place of residence, the fact that he or
she knew the person described in and who signed the document and that he or she actually saw
such person sign the document.
Protest ✔✔A formal statement in writing by a Notary Public, under seal, that a certain bill of
exchange or promissory note was on a certain day presented for payment or acceptance, and that
such payment or acceptance was refused.
Seal ✔✔Not required by NY Notaries Public; if used it should identify the Notary Public, his
authority and jurisdiction; the only inscription required is the name of the Notary and the words
"Notary Public, State of New York;" refers to the metal embosser not the inked rubber stamp.
Statute ✔✔A law established by an act of the Legislature.
Statute of Frauds ✔✔State law which provides that certain contracts must be in writing or
partially complied with, in order to be enforceable at law.
Statute of Limitations ✔✔A law that limits the time within which a criminal prosecution or a
civil action must be started.
Subordinate Clause ✔✔A clause which permits the placing of a mortgage at a later date which
takes priority over an existing mortgage.
Subscribe ✔✔means "complete" or "sign"
Subscribed ✔✔means "completed" or "signed" (past tense)
Sunday ✔✔A Notary Public may administer an Oath or take an Affidavit or Acknowledgment
on this day of the week; however, a deposition cannot be taken on this day in a civil proceeding.
Swear ✔✔This term includes every mode authorized by law for administering an Oath or an
Affirmation.
Sworn ✔✔Administration of an Oath or an Affirmation has been completed by the Notary. The
signer or deponent has taken an Oath or Affirmation in accordance with New York statutes.
Taking an Acknowledgment ✔✔The act of the person named in an instrument telling the Notary
Public that she is the person named in the instrument and acknowledging that she executed such
instrument; also includes the act of the Notary Public in obtaining satisfactory evidence of the
identity of the person.
Testator ✔✔A male making a will.
Testatrix ✔✔A female making a will.
Will ✔✔A document created as a specific guideline of what is to happen after a person's death.
Q. When is it proper to refuse to perform a Notarial Act? ✔✔When the identity or competence of
the signer is in question; or when the instrument in question is blank, contains a false statement,
or is intended to deceive or defraud
Q. What does the "ss.", in the venue of a notarial certificate mean? ✔✔Is an abbreviation of the
Latin word "scilicet," meaning "namely;" the exact location or the designated particular place
within a city/county where the official Notarial Act was performed.
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