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52 Cards in this Set

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Acknolwedgment
Formal declaration before a duly authorized officer by a person who has executed an instrument that such is his act or deed
What knowledge must be possessed by the notary for an acknowledgment?
The person making the acknowedlgement is the person described in and who executed the instrument
What is not essential for an acknowledgment?
That the person who executed the instrument signed.
Can you take ackowledgments over the phone?
No - misdemeanor
Administrator
Person appointed by the court to manage the estate of a deceased person who left no will
Affiant
Person who makes and subscribes his signature to an affidavit
Affidavit
Signed statement, duly sowrn to, byt the maker therefore before a notary public or other officer authorized to administer oaths
What is a requirement of an affiant?
Needs to personally appear before the notary.
Difference between acknwoledgment and affidavit?
Acknolwedgment - notary public certifies to the idenitity and execution of docuemtn; affidavit involves administration of oath of affiant
Affirmation
Declaration made by persons who decline takin an oath though it is equivalent and binding
Apostile
Department of State authentication attached to a notarized and county-certified document for international use
Attest
To witness the execution of a written instrument and suscribe the same as a witness
Attestation clause
Clause wherein witnesses certify that the instrument has been executed before them
Authentication
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
Bill of Sale
Written instrument given to pass title of personal property from vendor to vendee
Certified Copy
Copy of public record sign and certified as a true copy by public official having custody of the original
Chattel
Personal propery, such as household goods or fixtures
Chattel Paper
Evidence both an obligation to pay money and a security interest in a lease or specific goods (security interest is security agreement)
Codicil
instrument made subsequent to a will that modifies it in some respects
Contempt of Court
Behavriou disrespectiful to court authority which disrupts execution of court orders
Contract
Agreement between partis whereby each party acquires a right to what the other possesses
Conveyance (Deed)
Every instrument in writing, except will, by which estate or insterest in real property is created, transferred, assigned, or surrendered
Deponent
One who makes oath to a writte statement (used interchangeably with Affiant)
Deposition
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
Duress
Unlawful constraint exercised upon a personwho whereby he is forced to do some act against his will
Escrow
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
Executor
Named in a will to carry out the provision of the will
Ex Parte
From one side only
Felony
Crime punishable by death or imprisonment in a state prison
Guardian
Person in charge of a minor's person or property
Judgment
Decree of a court declaring that one individual is indebted to another and fixing the amount of such indebtedness
Jurat
Part of an affidavit where officer (notary public) certifies that it was sown to before him
What is the jurat not?
The affidavit
Laches
Delay or negligence in asserting one's legal rights
Lease
One who is entitled to possession of real property transfers such right to another
Lien
Legal right or claim upon specific property which attaches to the property until a debt is satsified
Litigation
Act of carrying on a lawsuit
Misdemeanor
Crime other than a felony
Mortgage on Real Property
Instrument in writing that creates a lien upon real estate as security for the payment of a specified debt, usually in a bond
Notary Public
Public officer who executes acknowledgmentso f deeds or witings, administers oaths and afirmations, affidavits
How must the person taking oath appear?
In person
Plaintiff
Person who starts a suit or brings an action against another
Power of Attorney
Written statement by individual giving another person the power to act for him
Proof
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
Protest
Formal statement in writing that a certain bill of exchange or promissory note was presented for payment and that payment was refused
Seal
Only requirement is name and "Notary Public for the State of New York"
Signature
Beneath signature, Notary Public State of New York, name of county and date commission expires
Statute
Law establisehd by act of the Legislature
Statute of Frauds
Law that provides that certain contracts must be in writing or partially complied with in order to be enforceable at law
Statute of Limitations
Limits the time within which a criminal prosecution or civil action must be started
Venue
Geographical place where notary puclic takes an affidavit or acknowledgment
Will
Deposiiton of one's property to take effect after death