Public Notary Vocab

Front 1

Acknolwedgment

Back 1

Formal declaration before a duly authorized officer by a person who has executed an instrument that such is his act or deed

Front 2

What knowledge must be possessed by the notary for an acknowledgment?

Back 2

The person making the acknowedlgement is the person described in and who executed the instrument

Front 3

What is not essential for an acknowledgment?

Back 3

That the person who executed the instrument signed.

Front 4

Can you take ackowledgments over the phone?

Back 4

No - misdemeanor

Front 5

Administrator

Back 5

Person appointed by the court to manage the estate of a deceased person who left no will

Front 6

Affiant

Back 6

Person who makes and subscribes his signature to an affidavit

Front 7

Affidavit

Back 7

Signed statement, duly sowrn to, byt the maker therefore before a notary public or other officer authorized to administer oaths

Front 8

What is a requirement of an affiant?

Back 8

Needs to personally appear before the notary.

Front 9

Difference between acknwoledgment and affidavit?

Back 9

Acknolwedgment - notary public certifies to the idenitity and execution of docuemtn; affidavit involves administration of oath of affiant

Front 10

Affirmation

Back 10

Declaration made by persons who decline takin an oath though it is equivalent and binding

Front 11

Apostile

Back 11

Department of State authentication attached to a notarized and county-certified document for international use

Front 12

Attest

Back 12

To witness the execution of a written instrument and suscribe the same as a witness

Front 13

Attestation clause

Back 13

Clause wherein witnesses certify that the instrument has been executed before them

Front 14

Authentication

Back 14

Certificate subjoined by a county clerk to any certificate of proof or ackonwledgement or oath signed by notary; it authenticates or v erifies authority of notary public

Front 15

Bill of Sale

Back 15

Written instrument given to pass title of personal property from vendor to vendee

Front 16

Certified Copy

Back 16

Copy of public record sign and certified as a true copy by public official having custody of the original

Front 17

Chattel

Back 17

Personal propery, such as household goods or fixtures

Front 18

Chattel Paper

Back 18

Evidence both an obligation to pay money and a security interest in a lease or specific goods (security interest is security agreement)

Front 19

Codicil

Back 19

instrument made subsequent to a will that modifies it in some respects

Front 20

Contempt of Court

Back 20

Behavriou disrespectiful to court authority which disrupts execution of court orders

Front 21

Contract

Back 21

Agreement between partis whereby each party acquires a right to what the other possesses

Front 22

Conveyance (Deed)

Back 22

Every instrument in writing, except will, by which estate or insterest in real property is created, transferred, assigned, or surrendered

Front 23

Deponent

Back 23

One who makes oath to a writte statement (used interchangeably with Affiant)

Front 24

Deposition

Back 24

Testimony of a witness taken out of court under oath or by affirmation before notary public or other person - is inteded to be used at trial or hearing

Front 25

Duress

Back 25

Unlawful constraint exercised upon a personwho whereby he is forced to do some act against his will

Front 26

Escrow

Back 26

Place of instrument in the hands of a person as depository who on the happening of designated event is to deliver the instrument to a third person

Front 27

Executor

Back 27

Named in a will to carry out the provision of the will

Front 28

Ex Parte

Back 28

From one side only

Front 29

Felony

Back 29

Crime punishable by death or imprisonment in a state prison

Front 30

Guardian

Back 30

Person in charge of a minor's person or property

Front 31

Judgment

Back 31

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

Front 32

Jurat

Back 32

Part of an affidavit where officer (notary public) certifies that it was sown to before him

Front 33

What is the jurat not?

Back 33

The affidavit

Front 34

Laches

Back 34

Delay or negligence in asserting one's legal rights

Front 35

Lease

Back 35

One who is entitled to possession of real property transfers such right to another

Front 36

Lien

Back 36

Legal right or claim upon specific property which attaches to the property until a debt is satsified

Front 37

Litigation

Back 37

Act of carrying on a lawsuit

Front 38

Misdemeanor

Back 38

Crime other than a felony

Front 39

Mortgage on Real Property

Back 39

Instrument in writing that creates a lien upon real estate as security for the payment of a specified debt, usually in a bond

Front 40

Notary Public

Back 40

Public officer who executes acknowledgmentso f deeds or witings, administers oaths and afirmations, affidavits

Front 41

How must the person taking oath appear?

Back 41

In person

Front 42

Plaintiff

Back 42

Person who starts a suit or brings an action against another

Front 43

Power of Attorney

Back 43

Written statement by individual giving another person the power to act for him

Front 44

Proof

Back 44

Formal declaration made by a subscribing witness to the execution of an instrument - knew the person described, saw them execute, setting forth place of residence

Front 45

Protest

Back 45

Formal statement in writing that a certain bill of exchange or promissory note was presented for payment and that payment was refused

Front 46

Seal

Back 46

Only requirement is name and "Notary Public for the State of New York"

Front 47

Signature

Back 47

Beneath signature, Notary Public State of New York, name of county and date commission expires

Front 48

Statute

Back 48

Law establisehd by act of the Legislature

Front 49

Statute of Frauds

Back 49

Law that provides that certain contracts must be in writing or partially complied with in order to be enforceable at law

Front 50

Statute of Limitations

Back 50

Limits the time within which a criminal prosecution or civil action must be started

Front 51

Venue

Back 51

Geographical place where notary puclic takes an affidavit or acknowledgment

Front 52

Will

Back 52

Deposiiton of one's property to take effect after death