Notary Signing Agent Exam Questions and Answers Rated A+

Notary Signing Agent Exam Questions and Answers Rated A+ acknowledgement notarial act where the signer admits to notary that he signed doc, that he understands the contents of the doc; and that he is aware of the consequences of executing the doc by signing it. signer indicates that he signed of his own free will. taken from signers of documents such as deeds, contracts and powers of attorney. By signing the document the signer agrees to the terms and conditions of the document. The signer does not have to sign the document in the presence of the notary, but the document must display the signer's original wet ink signature. acknowledgment certificate written statement typically found on doc just below signature block and certifies that the details of the acknowledgement notarial act that just took place. administer to discharge the duties of an office; to give (as in giving an oath) Affiant one who makes or swears to the truth of an affidavit affidavit a document in which the affiant makes a statement and swears or affirms under penalty of perjury that the information in the statement is the truth. The affidavit will contain a jurat notarial certificate. The affiant must sign the statement in the presence of the notary. affirmation notary act legally = to an oath. notarfy certifies that at ONE time and place all of the following occured: a. An individual appeared in person before the notary; b. The individual was personally known to the notary or identified bythe notary through satisfactory evidence; and c. The individual made a vow of truthfulness on penalty of perjury,based on personal honor and without invoking a deity or using a form of the word 'swear'. Apostille a certificate issued by the appropriate office of a state gov to authenticize a notary's signature and official status as a notary on a particular date. An apostille may be required for a notarized document that is bound for a foreign country that participates in the 1961 Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents. Obtaining an apostille is the responsibility of the document custodian, not the notary. attest (v.) to bear witness, affirm to be true or genuine attestation clause the statement a witness signs who is attesting the signature of a document as a witness attested copy a copy of an original document made by the notary or that the notary witnessed someone else make. Attorney-in-fact person authorized to act under a power of attorney Authentication a process in which the designated office for authentication for a state's gov certifies the signature and official status of a notary public on a particular date. bill of sale A document used to transfer ownership of personal property. certification authority (CA), a trusted organization or company that issues digital certificates used to create digital signatures and public-private key pairs Certified Copy A copy of a public record signed and certified as a true copy by the public official having custody of the original. certify to authenticate or attest as being true or as represented civil action a lawsuit or legal action between two or more parties codicil A document that legally modifies a will without revoking it. coerce, coercion to make someone feel they must do something when they do not want to do so. commission the action of each state's appointiing authority to appoint someone as a notary public. the certificate issued by the appointing authority in each state to announe that appointment. conveyance a document affecting or changing the title/ownership of real property Copy Certification the process in which the notary takes an affidavit from the document custodian stating that the document to which the affidavit is attached is a true and complete copy of a doc that is neither a vital record or publicly recordable document credible witness Is one whose evidence is held by the court to be trustworthy no matter how bad the character of the witness may be. custodian of the document / document custodian the person who has charge or custody of the document. in the case of making an attested photocopy the custodian is the person presenting the document, who may or may not be a signer or a party named in doc deed a document by which a person conveys real property. Quitclaim Deed A deed to relinquish any interest in property which the grantor may have, without any warranty of title or interest. Warranty Deed A deed in which the grantor makes formal assurance as to quality of title. deponent the person being questioned in a deposition Deposition the testimony of a witnness, under oath or affirmation, taken outside of court in which lawyers ask oral questions of the deponent. testimony is usually reduced to writing and duly authenticated and is intended to be used in a trial of a civil action or a criminal prosecution. digital signature a means of electronically signing a document with data that cannot be forged electronic notarization the process of perfoming a notarial act according to the applicable states laws on a electronic document, rather than a paper document. electronic signature any electronic character, symbol, letter, sound, or process that has been attached to or logically associated with an electronic record, and executed or adopted by a person with the intent that it shall be his signature. Escrow putting documents, property, or funds in the hands of an independent third party/ execute a document to perform all formalities necessary to make a document fully effective. This is often a matter of just signing, but may also require a notarial act, delivery, or other element. executor a person in charge of carrying out the provisions of a will. free act and deed sometimes found in acknowledgement notarial certificates to indicate that the signer was not coerced grantee A person who receives the deed of real property from the grantor grantor a person (seller) who transfers a deed of real property to the grantee guardian a person in charge or a mirror and or their property identification document in event notary does not personally know the signer, the notary may accept6 an identification document that is deemed acceptable by the state notary law. instrument this may be a written document, or electronic. as used in notarial law and practice, an instrument is a document that requires a signature and a notarial act to be fully executed. jurat the written notarial certificate found on an affidavit, application or other document, indicating that the signer swore or affirmed to the notary under penalty of perjury that the information in the document is the truth. It also certifies that the signer signed the document in the presence of the notary on the date indicated in the jurat. L.S (locus sigilli) "the location where the seal is placed" in Latin lien a legal right or security attached to real estate or personal property until the payment of some debt, obligation or duty malfeasance the doing of an act which a person should not do at all Misfeasance the improper doing of an act which a person might do lawfully mortgage on real property a document creating a lien on a property Negligence the failure to use such care as a reasonably prudent and careful person would use under similar circumstances notarial act an official act that a notary public is authorized to perform by statute notarial certificate a written statement signed and sealed by the notary public certifying the facts of the notarial act performed immediately prior to filling out the notarial certificate oath any form of attestation or pledge by which a person signifies that he/she is bound in conscience and out of a sense of responsibility to a supreme being to the truthfulness of some statement. Willingly swearing to untrue statements constitutes perjury original document for purposes of performing a notarial act (over a paper document), an original document is one that contains the signer's wet-ink signature or that will be signed by the signer in the presence of the notary original signature a signature subscribed (signed) directly onto the doc in ink by the person named in the doc perjury making a false statement under oath or affirmation. Perjury is a crime punishable by by fine and or prison term personally known refers to knowing a person for a period of time and under circumstances which leave you no doubt as to that person's true identity power of attorney Document giving agent authority to sign legal documents on behalf of principal Principal the person who signs the power of attorney om fact to have certain powers to act on behalf of the principal proof a formal declaration made by subscribing witness usually stating hat he/she witnessed the signature of the signer of the document. protest a formal declaration made by a notary declaring a default in payment on a promissory note reasonable care the degree of care which a person of ordinary prudence and intelligence would exercise in the same circumstances. Failure to exercise such care is negligence recordable document a document that the recording authority is authorized to record, usually by statue statute. Certified copies of a recordable doc may be made by a notary public representative capacity having the authority to act for and on behalf of a person, corporation, partnership, trust, or other entity as: -an authorized officer -a public officer, personal representative, or guardian - an attorney in fact for a principal - an authorized representative or in any other capacity recited in the instrument S.S (scillicet) "to wit, namely" in latin. used generally to indicate the exact location of the performance of a notarial act. "S.S" is usually found near the venue on a notarial certificate statute A law established by an act of the legislature. statute of limitations a law that restricts the period of time within which an action may be brought to court subpoena a writ that compels a person to testify in a proceeding subscribe to place one's signature on a document, either as the signer of the document or as a= witness to the signer's signature swear to take an oath testator the person making a will venue the location where the notarial act takes place usually stated in the following format at the beginning of the notarial certificate vital record an original document held by a state agency having to do with the birth, marriage, divorce, or death of an individual will an instrument by which a person makes a disposition of his or hers property to take effect his or her death witness to observe the execution of, as that of an instrument, or to sign one's name to an instrument, to authenticate it