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-...
Denise California Notary Public Exam
Questions
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 signed statement, duly sworn to, by the maker
thereof, before a notary public or other officer authorized to administer
oaths
Affirmation - ANSWER- A solemn declaration made by persons who
conscientiously decline taking an oath
Apostile - 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 or 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 Paper - ANSWER- A writing or writings which evidence both an
obligation to pay money and a 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- An instrument made subsequent to a will and
modifying it in some respects
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- See "Authentication (Notarial)."
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 by 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
Judgment - ANSWER- Decree of a court declaring that one individual is
indebted to another and fixing the amount of such indebtedness
Jurat - ANSWER- The part of an affidavit where the officer (notary
public) certifies that it was sworn to before him
Laches - ANSWER- The delay or negligence in asserting one's legal
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
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
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