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13 Cards in this Set
- Front
- Back
- 3rd side (hint)
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Acknowlegment
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A formal declaration before a duly authorized officer by a person who has executed an instrument that such execution is his act and deed.
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Requisites of acknowledments
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An acknowlegment must not be taken by any officer unless he knows or has satisfactory evidence, that the person making it, is the person described in and who executed such instrument.
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The thing to be known is the identity of the person making the acknowlegment with the person described in the instrument and the person who executed the same.
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Interest as a disqualification
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A Notary Public should not take an acknowledgment to a legal instrument to which the notary is a party of interest.
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Fraudulent certificates of acknowledgment
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A notary public who knowingly makes a false certificate that a deed or other written instrument was acknowledged by a party thereto is guilty of forgery in the second degree, which is punishable by imprisonment for a term of not exceeding 7 years.
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Damages recoverable from notary for false certificate.
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Action for damages sustained where notary certified that mortgagor had appeared and acknowleged a mortgage.
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ADMINISTRATOR
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A person appointed by the court to manage the estate of a deceased person who left no will.
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AFFIANT
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The person who makes and subscribes his signature to an affidavit.
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AFFIDAVIT
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An affidavit is a signed statement, duly sworn to, by the maker thereof, before a notary public or other officer authorized to administer oaths. The venue, or county wherein the affidavit was sworn to should be accurately stated.
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What is the distinction between the taking of an acknowledgment and an affidavit?
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In the acknowledgment, the notary public certifies as to the identity and execution of a document.
The affidavit involves the administration of an oath to the affiant. |
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AFFIRMATION
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A solemn declaration made by a person who conscientiously declines taking an oath. It is equivalent to an oath and is just as binding. If a person has religious or conscientious scruples against taking an oath, the notary public should have the person affirm.
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State an Affirmation:
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"Do you solemnly, sincerely, and truly declare and affirm that the statements made by you are true and correct?"
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APOSTILE
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Department of State authentication attached to a notarized and county-certified document for possible international use.
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ATTEST
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To witness an execution of a written instrument, at the request of the person who makes it, and subscribe the same as witness.
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