NY Notary Public Exam Prep Questions and Answers (Graded A)

Acknowledgment - Answer- 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 - Answer- A person appointed by the court to manage the estate of a deceased person who left no will. Affiant - Answer- The person who makes and subscribes his signature to an Affidavit. Affidavit - Answer- A a signed statement, duly sworn by the maker thereof, before a Notary Public or other officer authorized to administer Oaths. Affirmation - Answer- A solemn declaration by persons who conscientiously decline taking an Oath. Apostille - Answer- Department of State authentication attached to a notarized and county-certified document for possible international use. Attest - Answer- 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 - Answer- 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) - Answer- 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 - Answer- A written instrument given to pass title of personal property from vendor to vendee. Certified Copy - Answer- A copy of a public record signed and certified as a true copy by the public official having custody of the original. Chattel - Answer- Personal property, such as household goods or fixtures. Chattel Mortgage - Answer- A mortgage on personal property as opposed to a mortgage on real property. Chattel Paper - Answer- 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 - Answer- 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 - Answer- Anything of value given to induce entering into a contract; it may be money, personal services, or even love and affection. Constituents - Answer- Those for whom we provide notarial services. Our customers or clients. Contempt of Court - Answer- Behavior disrespectful of the authority of a court which disrupts the execution of court orders. Contract - Answer- 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) - Answer- 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 - Answer- 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 - Answer- One who makes Oath to a written statement. Technically, a person subscribing a deposition but used interchangeably with "Affiant." Deposition - Answer- 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 - Answer- Unlawful constraint exercised upon a person whereby he is forced to do some act against his will. Escrow - Answer- 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 - Answer- To complete or sign. Making or completing a signature. Executor - Answer- One named in a will to carry out the provisions of the will. Ex Parte - Answer- A hearing or examination in the presence of, or on papers filed by, one party and in the absence of the other. Felony - Answer- A crime punishable by death or imprisonment in a state prison. Guardian - Answer- A person in charge of a minor's person or property. Instrument - Answer- A legal document. Jurat - Answer- The Notary's certificate on an Affidavit. Judgment - Answer- Decree of a court declaring that one individual is indebted to another and fixing the amount of such indebtedness. Laches - Answer- The delay or negligence in asserting one's rights. Lease - Answer- 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 - Answer- A legal right or claim upon a specific property which attaches to the property until a debt is satisfied. Litigation - Answer- The act of carrying on a lawsuit Malfeasance - Answer- The illegal actions of a public official, such as a Notary Public, that interfere with the performance of his or her duties. Misdemeanor - Answer- Any crime other than a felony. Misfeasance - Answer- 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 - Answer- 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 - Answer- 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 - Answer- 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 - Answer- A person who starts a suit or brings action against another in a civil preceeding.