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Louisiana notary exam vocabulary 2024 Exam Questions and Answers
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Louisiana notary exam vocabulary2024 Exam Questions and Answers
abstract - -An abstract is a history of the title to property as revealed by the
public records
-Acceleration Clause (in a mortgage) - -Clause used in an installment note
and mortgage which gives the lender the right to demand payment in full
upon the happening of a certain event, such as failure to pay an installment
by a certain date, change of ownership without the leaders consent,
destruction of the property, or other event which endangers the security of
the loan.
-accession - -Acquiring title to additions or improvements to real property
as a result of the annexation of fixtures or the accretion of alluvial deposits
along the banks of streams.
-Accessory Contract - -A contract is accessory when it is made to provide
security for the performance of an obligation. Suretyship, mortgage, pledge,
and other types of security agreements are examples.
-accretion 1. - -Additions or improvements to property as a result of natural
growth, labor, the annexation of fixtures or the accretion of alluvial deposits
along the banks of streams.
-accretion 2. - -I'm succession law, the increase in property to an heir or
legatee resulting from the failure of another heir or legatee to take the
property either by death of the heir or legatee, renunciation, failure of the
legacy, or the head being ineligible to inherit.
-Accretion 3. - -In trust law, an increase in a beneficiary's interest in the
trust income or principle (or both) that occurs because of the inability of
another beneficiary to receive his interest, usually occurring as a result of
another beneficiary's death or refusal of an interest.
-acknowledged act - -Any act or instrument in writing signed by the parties
in the presence of two witnesses and then taken by the party(ies) or the
witness(es) before a notary and two witnesses; the original act was signed
out of the presence of the notary.
-acknowledgement - -A formal declaration by a party before a notary public
in the presence of two witnesses by the person who signs an instrument to
the effect that it is his own free and voluntary act done for the purpose
therein expressed. As stated in civil code article 1836, an act under private
,signature is regarded prima facie as the true and genuine act of a party
executing it when his signature has been acknowledged, and the act shall be
admitted in evidence without proof. An act under private signature may be
acknowledged by a party to that act by recognizing the signature as his own
before a court, or before a notary public, or other officer authorized to
perform that function, in the presence of two witnesses. An act under private
signature may be acknowledged not only by the party who executed it, but
also by a witness in whose presence it was executed.
-acknowledgement of paternity - -A formal written declaration whereby a
person establishes himself as the natural Father of a child .
-acquets and gains - -A civilian concept referring to the matrimonial regime
of community property; acquets means all things acquired, gains is the
increase in the value of property through the skill or labor of a person ,
particularly a spouse See C.C. art. 2338
-acquisitive prescription - -A mode of acquiring ownership of other real
rights by uninterrupted possession for a period of time.
-acquittance - -A release, usually in writing, from an obligation.
-Act under private signature - -Any act or instrument, in writing, signed by a
person or persons not in the presence of a notary that may or may not be
witnessed
-administrator - -A person appointed by the court as the succession
representative to manage the assets and liabilities of an intestate decedent.
-affidavit - -A deceleration or statement of facts personally known to the
adiantum reduced in writing and sworn to by the affiant before a notary.
-Affidavits of distinction - -An affidavit executed before a notary by a person
providing identifying information to distinguish said person from a judgement
debtor with a same or similar name and then recorded in the mortgage
records of the parish where the judgement is recorded. This affidavit is
executed if the judgement creditor cannot be located or does not comply
withe R.S. 9:5501.
-agreement - -A contract
-Agreement to sell or buy - -Binding contract to buy and sell in future.
-Aleatory Contract - -An agreement in which the effects thereof depend on
an uncertain event.
, -alienate - -To transfer property or a right to the ownership of another,
especially by an act of the owner rather than by inheritance.
-Alluvion - -An increase to the land caused by the buildup of deposits from
running water.
-antichresis - -A civilian contract no longer authorized or used in Louisiana.
Traditionally, it was the pledge of immovable property wherein a debt or
obligation was secured through the right to retain the civil and/or natural
fruits of the property
-appearance clause - -Clause giving full status of a natural or juridical
person (e.g., corporation or partnership) in any legal instrument.
-Appearer - -A person who goes before an official authorized to administer
oaths, take acknowledgments, or make authentic acts, and who makes a
declaration, executes or acknowledges an instrument of writing.
-appraisal - -The process of valuing property; a valuation of property by two
or more appraisers who are appointed and authorized by a court to place a
value on designated property as a part of a court proceeding.
-appurtenances - -A right, privilege, or property that is considered incident
to the principal property for purposes such as passage of title, conveyance or
inheritance; a thing that is necessarily connected with the use and
enjoyment of another thing. State Farm Fire & Cas Co v. Pfiffer, 399 So.2d
1250 (la.App. 1st Cir. 1981)
-ascendant - -One who precedes in lineage (parent, grandparent); an
ancestor.
-assignment - -The transfer of a claim, right, interest, or property from one
to another; the instrument by which this transfer is effected.
-Assumption deed - -An act of sale in which the buyer agrees to assume
payment of the seller's mortgage.
-attest - -to witness something
-Authentic act - -A writing executed before a notary public or other officer
authorized to perform that function, in the presence of two witnesses, and
signed by each party who executed it, by each witness, and by each notary
public before whom it was executed.
-Base Line - -East-West reference line
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