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Mary is a notary public; her husband Fred needs to have his
signature notarized on a document form his work. May she
notarize the document?
-No, she may never notarize for any relative.
-Yes, because she may only notarize for those in his/she
immediate family.
-Yes, unless doing so would provide her with direct financial or
beneficial interest to her and she should take care if the
document is community property.
-No, because she may only notarize for those in her in-law's
family.
Ans: Yes, unless doing so would provide with her direct financial
or beneficial interest to her and she should take care if the
document is community property.
Bill brings a document to be acknowledged before a Notary Public.
The Notary Public certifies on the Acknowledgment form to all of
the following. Which one is incorrect?
-That the signer personally appeared before the notary public
-"Subscribed and sworn to (or affirmed) before me"
-To the date indicated, the county indicated and to the identity of
the signer
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-That the Bill acknowledged executing the document to the
Notary.
Ans: "Subscribed and sworn to (or affirmed) before me"
Sam went to Ned, a notary public, with a renter's agreement to be
notarized. The document Sam brought stated in the notarial
wording, "Subscribed and sworn to..." In Ned's notary journal, Ned
should record the notarial act as what?
-Signature by Mark
-Acknowledgment
-Jurat
-Proof of Execution by a Subscribing Witness
Ans: Jurat
Mr.Jones bring a document to Mary a notary public to be
notarized. Mary will mark in her journal that it was a Jurat. What
identifying wording did she rely on?
-"Do you swear or affirm that the statements in this document are
true?"
-"Subscribed and sworn to (or affirmed) before me"
-Acknowledgment
-"personally appeared"
Ans: "Subscribed and sworn to (or affirmed) before me"
Since there is no prescribed wording for an oath, what would be
an acceptable oath?
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-"I cross my heart and hope to die."
-"Do you swear or affirm that the statements in this document are
true?"
-"I double dog dare you."
-None of the these
Ans: "Do you swear or affirm that the statements in this
document are true?"
When completing a Jurat the notary public certifies that the signer
did all of the following except?
-That the signer personally appeared before the notary public.
-That on the date indicated and in the county indicated, that the
signer signed the document in the presence of the notary public.
-That the signer acknowledged executing the document.
-That the notary public administered the oath or affirmation and
to the identity of the signer.
Ans: That the signer acknowledged executing the document.
Jim went alone to his longtime friend Ned, a notary public of State
of California, to have his Grant Deed for his and his wife's
property in Guam notarized. Jim's only photo identification was
issued six years ago and had expired. Ned was unable to
complete the notarization because:
-The Grant Deed was to be recorded outside of the State of
California
-Jim's only form of identification was issued over five years ago
and had expired
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-Jim and Ned were longtime friends
-The Grant Deed also included Jim's wife's name
Ans: Jim's only form of identification was issued over five years
ago and had expired
All of the following are a basis for the use of a "Proof of Execution
by a Subscribing Witness" except?
A. If a person, called the principal, has signed a document, but
cannot personally appear before a notary public.
B. Another individual can appear on that principal's behalf to
prove the execution by the principal. That person is called a
subscribing witness.
C. When the signer of an instrument cannot write (sign) his or her
name, that person may sign the document by mark.
D. Both A & B
Ans: When the signer of an instrument cannot write (sign) his or
her name, that person may sign the document by mark.
When would a notary public notarize a document using a
Signature by Mark?
-When Mark is declaring that this is his signature.
-When the Subscribing Witness is able to say, under oath, that he
or she either saw the principal sign the document or heard the
principal acknowledge that he or she signed the document.
-When a person, called the principal, has signed a document, but
cannot personally appear before a notary public.
-When the signer of an instrument cannot write (sign) his or her
name, that person may sign the document by mark.
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