Ny Notary Public - Definitions

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Acknowledgment

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A formal declarationbefore a duly authorized officer by a person who has executed an instrumentthat such execution is his act and deed.

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Administrator

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A person appointed by the court to manage the estate of adeceased person who left no will.

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Affiant

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The person who makes and subscribes his signature to anaffidavit

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Affidavit

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An affidavit is a signed statement, duly sworn to, by themaker thereof, before a notary public or other officer authorized to administeroaths.

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Affirmation

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A solemn declaration made by persons who conscientiouslydecline taking an oath; it is equivalent to an oath and is just as binding; ifa person has religious or conscientious scruples against taking an oath, thenotary public should have the person affirm. The following is a form ofaffirmation: “Do you solemnly, sincerely, and truly, declare and affirm thatthe statements made by you are true and correct.”

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Apostile

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Department of State authentication attached to a notarizedand county certified document for possible international use.

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Attest

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To witness the execution of a written instrument, at therequest of the person who makes it, and subscribe the same as a witness.

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Attestation Clause

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That clause (e.g., at the end of a will) wherein thewitnesses certify that the instrument has been executed before them, and themanner of the execution of the same.

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Authentication(Notarial)

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A certificate subjoined by a county clerk to any certificateof proof or acknowledgment or oath signed by a notary; this county clerk’scertificate authenticates or verifies the authority of the notary public to actas such.

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Bill of Sale

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A written instrument given to pass title of personalproperty from vendor to vendee.

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Certified Copy

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A copy of a public record signed and certified as a truecopy by the public official having custody of the original.

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Chattel

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Personal property, such as household goods or fixtures.

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Chattel Paper

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A writing or writings which evidence both an obligation topay money and a security interest in a lease or specific goods. The agreementwhich creates or provides for the security interest is known as a securityagreement.

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Codicil

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An instrument made subsequent to a will and modifying it insome respects.

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Consideration

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Anything of value given to induce entering into a contract;it may be money, personal services, or even love and affection.

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Contempt of Court

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Behavior disrespectful of the authority of a court whichdisrupts the execution of court orders.

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Contract

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An agreement between competent parties to do or not to docertain things for a legal consideration, whereby each party acquires a rightto what the other possesses.

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Conveyance (Deed)

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Every instrument, in writing, except a will, by which anyestate or interest in real property is created, transferred, assigned orsurrendered.

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County Clerk’sCertificate

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See “Authentication (Notarial).”

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Deponent

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One who makes oath toa written statement. Technically, a person subscribing a deposition but usedinterchangeably with “Affiant.”

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Deposition

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The testimony of awitness taken out of court or other hearing proceeding, under oath or byaffirmation, before a notary public or other person, officer or commissionerbefore whom such testimony is authorized by law to be taken, which is intendedto be used at the trial or hearing.

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Duress

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Unlawful constraint exercised upon a person whereby he isforced to do some act against his will.

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Escrow

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The placing of an instrument in the hands of a person as adepository who on the happening of a designated event, is to deliver theinstrument to a third person. This agreement, once established, should beunalterable.

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Executor

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One named in a willto carry out the provisions of the will.

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Ex Parte

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(From One Side Only) A hearing or examination in thepresence of, or on papers filed by, one party and in the absence of the other.

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Felony

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A crime punishable by death or imprisonment in a stateprison.

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Guardian

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A person in charge ofa minor’s person or property.

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Judgment

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Decree of a court declaring that one individual is indebtedto another and fixing the amount of such indebtedness.

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Jurat

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A jurat is that part of an affidavit wherethe officer (notary public) certifies that it was sworn to before him. It isnot the affidavit.

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Laches

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The delay or negligence in asserting one’s legal rights.

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Lease

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A contract whereby, for a consideration, usually termedrent, one who is entitled to the possession of real property transfers suchright to another for life, for a term of years or at will.

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Lien

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A legal right orclaim upon a specific property which attaches to the property until a debt issatisfied.

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Litigation

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The act of carrying on a lawsuit.

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Misdemeanor

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Any crime other than a felony.

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Mortgage

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On Real Property An instrument in writing,duly executed and delivered that creates a lien upon real estate as securityfor the payment of a specified debt, which is usually in the form of a bond.

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Notary Public

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A public officer whoexecutes acknowledgments of deeds or writings in order to render them availableas evidence of the facts therein contained; administers oaths and affirmationas to the truth of statements contained in papers or documents requiring theadministration of an oath.

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Oath

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A verbal pledge given by the person takingit that his statements are made under an immediate sense of this responsibilityto God, who will punish the affiant if the statements are false.

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Plaintiff

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A person who starts a suit or brings an action againstanother.

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Power of Attorney

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A written statement by an individual giving another personthe power to act for him.

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Proof

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The formal declaration made by a subscribing witness to theexecution of an instrument setting forth his place of residence, that he knewthe person described in and who executed the instrument and that he saw suchperson execute such instrument.

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Protest

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A formal statement in writing by a notary public, underseal, that a certain bill of exchange or promissory note was on a certain daypresented for payment, or acceptance, and that such payment or acceptance wasrefused.

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Seal

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The laws of the Stateof New York do not require the use of seals by notaries public. If a seal isused, it should sufficiently identify the notary public, his authority andjurisdiction. It is the opinion of the Department of State that the onlyinscription required is the name of the notary and the words “Notary Public forthe State of New York.”

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Signature of NotaryPublic

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A notary public must sign the name under which he wasappointed and no other. In addition to his signature and venue, the notarypublic shall print, typewrite or stamp beneath his signature in black ink, hisname, the words “Notary Public State of New York,” the name of the county inwhich he is qualified, and the date upon which his commission expires

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Statute

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A law established by an act of the Legislature. >

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Statute of Frauds

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State law whichprovides that certain contracts must be in writing or partially complied with,in order to be enforceable at law

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Statute of Limitations

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A law that limits the time within which a criminalprosecution or a civil action must be started.|

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Subordination Clause

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A clause whichpermits the placing of a mortgage at a later date which takes priority over anexisting mortgage.

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Sunday

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A notary public may administer an oath or take an affidavitor acknowledgment on Sunday. However, a deposition cannot be taken on Sunday ina civil proceeding.

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Swear

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This term includes every mode authorized by law foradministering an oath.

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Taking anAcknowledgment

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The act of the person named in an instrument telling thenotary public that he is the person named in the instrument and acknowledgingthat he executed such instrument; also includes the act of the notary public inobtaining satisfactory evidence of the identity of the person whoseacknowledgment is taken. The notary public “certifies to the taking of theacknowledgment” when the notary signs his official signature to the formsetting forth the fact of the taking of the acknowledgment.

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Venue

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The geographical place where a notary public takes anaffidavit or acknowledgment. Every affidavit or certificate of acknowledgmentshould show on its face the venue of the notarial act. The venue is usually setforth at the beginning of the instrument or at the top of the notary’s jurat,or official certification, as follows: “State of New York, County of (New York)ss.:”. Section 137 of the Executive Law imposes the duty on the notary publicto include the venue of his act in all certificates of acknowledgments orjurats to affidavits.

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Will

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The disposition of one’s property to takeeffect after death.