NY Notary Public Exam Prep (2022/2023) Rated A+

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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. [Show More]

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