And Answers Verified 100% Correct
Statute - ANSWER- A law established by an act of the Legislature.
Statute of Frauds - ANSWER- Law which provides that certain contracts
must be in writing or partially complied with, in order to be enforceable
at law
Statute of Limitations - ANSWER- A law that limits the time within
which a criminal prosecution or a civil action must be started
Subordination Clause - ANSWER- A clause which permits the placing
of a mortgage at a later date which takes priority over an existing
mortgage
Subscribe - ANSWER- Best means "complete" or sign
Subscribed - ANSWER- Best means "completed" or "signed" (past
tense)
Sunday - ANSWER- A notary public may administer an oath or take an
affidavit or acknowledgment. but never a deposition for a civil
proceeding
Swear - ANSWER- This term includes every mode authorized by law
for administering an oath.
,Sworn - ANSWER- 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 statues.
Taking an Acknowledgment - ANSWER- The act of the person named
in an instrument telling the notary public that he is the person named in
the instrument and acknowledging that he executed such instrument;
also includes the act of the Notary Public in obtaining satisfactory
evidence of the identity of the person whose Acknowledgment is taken.
Venue - ANSWER- The geographical place where a notary public takes
an affidavit or acknowledgment
Will (Last Will and Testament) - ANSWER- A document created as a
specific guidline of what is to happen after a person's death. The
disposition of one's property to take effect after death.
The Notary Public "Certifies to the taking of the Acknowledgment" -
ANSWER- when the Notary signs his official signature to the form
setting forth the fact of the taking of the Acknowledgment
Testator - ANSWER- The person make a will (male)
Testatrix - ANSWER- The person making a will (female)
Impartial - ANSWER- Am I a party to the transaction?
Am I named in the document?
Do I have any financial or beneficial interest in this transaction to be
notarized?
The Act of Notarization accomplishes - ANSWER- protects against
fraud. Proves the signer appeared before the Notary Public. The signer
,must be in the Physical Presence of the Notary before the Notary my
lawfully notarize. The Notary certifies that a signature is made willingly
and freely. Does not prove a document or statement is true or accurate,
nor does it validate or legalize a document.
Notary Responsibilities - ANSWER- must take necessary steps to verify
a signer's identity before notarizing a signature. A Notary Public may
not notarize a signature unless the Notary personally knows, or has
satisfactory evidence, that the person whose signature is to be notarized
is the individual who is described in and who is executing the
instrument.
verify a signer's identity - ANSWER- Personal knowledge
Credible Witness
Identification card or papers
Personal Knowledge - ANSWER- is the safest and best verification of a
person's identity. It requires no witnesses or identification cards. It
means having an acquaintance, derived from association with the
individual, which establies the individual's identity with at least a
reasonable certainty.
Credible Witness - ANSWER- is a third person that personally knows
the document signer, and verifies the signer's identity. This does not
replace the "presence" requirement. The person whose signature is being
notarized must be present at the time of notarization.
Identification card or papers - ANSWER- are necessary in verifying the
signer's identity. The Notary should examine the photograph, accurate
physical description, and signature of the bearer. Asking for two forms
of ID can further assure the signer's identity.
, If a Notary is uncomfortable or suspicious of any identification, the
Notary should not notarize for that person.
Acknowledgements - ANSWER- are the simple authentication of a
signature. They prove or acknowledge that the signer personally
appeared and was identified before the Notary Public. To make an
acknowledgment, the document signer must personally appear before the
Notary Public, and declare that he/she has executed and signed the
document voluntarily. The Notary should ensure that the signer
understands the document and has not been coerced into signing. If there
is any question about the signer's willingness to execute the document or
his/her understanding of the terms of the document, a Notary should
refuse to notarize.
The Notary may want to ask the signer: - ANSWER- "Do you
acknowledge that this is your signature and that you are executing this
document of your own free will?" If yes, the Notary should complete a
certificate that states the signer acknowledged the document.
Jurats/Affidavits - ANSWER- the authentication of a signature made
under Oath or Affirmation in front of the Notary by the signer of a
document. An Oath of Affirmation is administered to a document signer
by the Notary when the signer is required to make a sworn statement
about certain facts in the document or about their testimony.
The signer - ANSWER- personally appears before (in front of) the
Notary to swear (or affirm) to the Notary, an officer duly appointed to
administer Oaths, that the information contained in the document or their
testimony is true.
A person who makes a false Oath or Affirmation is subject to criminal
charges for perjury under NYS laws.