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58 Cards in this Set

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  • Back
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Acknowledgment

A formal declaration, before a notary public (or a duly authorized officer).




Administrator

A person appointed by court, to manage the estate of a deceased person, who Left no will.


Affiant

Signer of Affidavit


Affidavit

A statement signed and duly sworn by the maker before a notary public.


Affirmation

A form of an oath given, when someone declines swearing an oath for religious or ethical reasons.


Apostille (document)

Department of state verifying/authenticating a notary's signature and office in another Jurisdiction (State Seal incl.).

State

Get out of town

Attest

To bear WITNESS, to the execution of a Written Instrument, at the request of an individual.


Attestation Clause

A clause, where the witnesses, certify that the instruments, have been executed.

Ex. At the end of a will

Authentication

A county clerk certificate, that verifies the authenticity, and authority, of a notary public.


Bill of Sale

A document given to pass personal property from a vendor to vendee.


Certified Copy

A public record COPY verified/certified as true copy.


Chattel

Personal property ; movable property.

Mines; I own it

Chattel Paper

Legal paper stating money is owed.

Obligation to pay/ security int.

Codicil (document)

The amendment form to modify a will that was previously drawn and executed.


Consideration

Anything of value given to enter a contract. It may be Money, personal Services, or even love and affection.


Contract

Constituents
Customers/ Those who notary services are provided for.
Thank you for shopping
Thank you for shopping
Contempt of Court
Behavior that is disrespectful of the court authority and disruptive to court proceedings.

Contract

An agreement with legal power, which 2 parties render to each other that which is in the agreement.

Conveyance (Deed)
A written instrument (Other than a will), that outlines how real property will be executed/divided.

County Clerks Certificate

($3.00) Verifies the authenticity and authority of a notary.

$3.00

Deponent (Affiant)

Person giving oath and testimony to written statements or a deposition.


Deposition

Testimony of a witness (under oath), that was not given in court but intended to be used at a trial or hearing.

Attest for later
Attest for later

Duress

Forcing someone to do something, unlawfully under pressure, against their own will.

Coerce

Escrow

Property held by a third person (depository), that will be delivered to another upon the fulfillment of some condition.




ex. Escrow account


Executor

A person named (by the will maker) to carry out the executions of a will.

Like administrator, but not.

Ex Parte

A Hearing or Examination, presented with only one party present and the other, Not present.

Plaintiff + Defendant - 1

Felony

Crime punishable by death or imprisonment.




Class D Felony= 7 Years


Class E Felony= 4 Years


Guardian

The person in charge of a minor in some way shape or form.


Judgment

Decree by the court that an individual is indebted to another, for a fixed amount as outlined in the document.

NOW
NOW

Jurat (Oath, Swear)

Part of an affidavit, where the notary certifies it was sworn before him/her.


Laches

Delay; Negligence in asserting a claim.

You snooze, you lose...
You snooze, you lose...

Lease

A contract, which rent, for a time frame is indicated, and the ownership rights to the property is transferred for that (time/rent) agreement.


Lien

A legal right/claim/or hold on some type of collateral (property;money) to satisfy a debt.


Litigation

The act of carrying on a lawsuit.


Misdemeanor

Any crime other than a felony




Class A= 1 Year




Professional Misconduct


Mortgage on Real Property

A duly executed written instrument, which creates a lien on real estate as security for the payment of a specific debt.


Notary Public
A public officer; executes acknowledgments, deeds, writings to render them as evidence of the facts therein contained.
No hint on this one...
Oath

A verbal pledge given by an individual, with conscience of responsibility to God, acknowledging punishment from God for falsehood.

Plaintiff
A person who starts a suit; brings civil action against another in a proceeding.

Power of Attorney

A written statement by an individual, authorizing another person the power to act for them.

Presentment

The act of producing a negotiable security instrument for payment or acceptance.

Proof of Execution
A formal declaration under oath/affirmation; made by subscribed witness, the signing of a document concerning (putting forth of) residence; this person would know, and see the person who is signing the document, as they sign it.

Protest



Seal

*** Only refers to "Metal Embosser Seal", NOT inked rubber stamp.***
1. NYS laws DO NOT require use of seals by notaries.


2. If seal is used, it should fully identify notary public, his authority and jurisdiction.


3. Only needs *Name of Notary + "Notary Public, State of New York"


Statute of Frauds

State Law; Certain contracts must be in writing or partially complied with in order to be enforceable by law.

Statute of limitations
A law that limits the time, where civil/criminal legal action must be started.

Subordinate Clause

A clause, permitting mortgage to be placed at a later date; has priority over existing mortgage.

Subscribe
To Sign something; Complete

Subscribed
To have Signed/completed

Sunday
Notaries may administer oaths and take affidavits/acknowledgements on Sunday; No depositions on Sunday.

Swear

Term for every mode authorized by law for administering oath or affirmation.

Sworn

Completed Oath or affirmation, administered by notary.

Testator
Person making a will (Male)

Testatrix

Person making a will (Female)

Will

A document created as a specific guideline of what is to happen after a person's death.

What information should appear on a document when properly notarized?


1. Venue (state of New York; County of ______)


2. Notary's Signature


Permanent black ink hand written or stamped the following five lines.


1. Your Name


2. Notary Public State of NY


3. Commission #


4. Qualified in _____ County


5. Date Commission Expires




Notary signature and stamp should always appear ________ that of the constituent.


BELOW


*** DO NOT ***


NOTARIZE THE


FOLLOWING (and other do not's)

- Will or Codicil- attestation clause


- Photocopied signatures


- Draw up Legal documents, unless acting in the scope of employment.


- Never leave blanks when notarizing a document.


- Can not take acknowledgments of parties, or serve as a witness to marriage.


-