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51 Cards in this Set

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ACKNOWLEDGMENT

A declaration that is made before an official (example: notary public) that under the person's free act and deed he did execute the instrument.

ADMINISTRATOR

An administrator of an estate is appointed by the court (usually Surrogate's or Supreme Court) which empowers him to manage the affairs of the decedent. The court appoints an administrator where a person dies without leaving a will, or leaves a will without naming an executor.

AFFIANT

An affidavit is signed by a person called the affiant.

AFFIDAVIT

A signed statement that is sworn to by the person signing it. An affidavit is sworn in front of a notary public or other officer with authority to administer an oath.

AFFIRMATION

A person who does not want to take an oath (because of religious, ethical or other reasons) may affirm as to the truthfulness of his statements. The act of affirming is called the affirmation. An affirmation is just as binding as an oath.

APOSTILE

An apostile is an authentication of a notarized document or count clerk certified document. It is issued by the Department of State. It is attached to the document and may be used internationally.

ATTEST

To attest is to be present at the execution of a written instrument and also to subscribe (sign) the written instrument as a witness to the execution of an instrument.

ATTESTATION CLAUSE

As it refers to wills, an attestation clause is the written portion at the end of a will where the witnesses attest that the will was executed in front of them and also state the procedural manner of the execution of the will.

AUTHENTICATION (NOTARIAL)

A document that is signed by a notary may be authenticated by a county clerk. The authentication is comprised of a certificate issued by the county clerk and attached to the document. The authentication verifies the notary public's authority to act as a notary public. The authentication certificate is called a "County Clerk's Certificate."

BILL OF SALE

A bill of sale is a written document that is given by the vendor (seller) to the vendee (buyer). It passes title from the vendor to the vendee.

CERTIFIED COPY

A certified copy may NOT be issued by a notary public. They can only be issued by public officials who have custody of the original and who can certify that the copy is a true copy of the original on file.

CHATTEL

Chattel means property that is personal in nature, such as household goods. Chattel does NOT include real property (land, buildings).

CHATTEL PAPER

A written obligation to pay money for specific goods is known a chattel paper.

CODICIL

As it relates to wills, a codicil is an attachment to a will that adds to or changes (modifies) the will in some way.

CONSIDERATION

Is what is given in value to induce someone to enter into a contract. Consideration examples are: property, money, services, etc.

CONTEMPT OF COURT

Are actions which hinder the execution of court orders and display disrespect of court authority.

CONTRACT

A contract (an agreement between parties) can be oral or written. For there to be a contract, there must be legal consideration to enter into the contract.

CONVEYANCE

The instrument which creates, assigns, transfers or surrenders an interest in real property is called a conveyance.

DEPONENT

Deponent means the same as affiant. A deponent is a person who signs a deposition and makes an oath to a written statement.

DEPOSITION

A deposition is a testimony taken before an authorized official. It is taken out of court with the intention of using it at a hearing or trial.

DURESS

Duress means exercising unlawful constraint on a person with the intention of forcing him to do certain acts which may be against a person's will.

ESCROW

Is depositing an instrument with a person who on the occurrence of an event must give the instrument to a designated person. Escrow is often used during the sale of a building.

EXECUTOR

Is a person designated in a will to carry out the instructions of the deceased that are listed in the will.

EX PARTE (one-sided)

A court proceeding is ex parte (one-sided) when it is conducted with only one of the parties being present (plaintiff or defendant).

FELONY

A felony is an offense for which a sentence of imprisonment of more than a year (or death) may be imposed. Imprisonment for felonies is in a NYS prison.

GUARDIAN

A guardian is a person in charge of another person's property or person (usually relates to guardians of minors).

JUDGMENT

A judgment declares the rights of individuals, including that one party who owes money to another and specifying the amount owed. Judgments may be final or temporary.

JURAT

A jurat is a section of an affidavit which contains the certification of the notary public that the document was sworn to in front of the notary public.




Example: "Sworn to before me this _____ day of ___________, 20___."

LACHES

Is the negligence or delay in the assertion of a legal right. The concept of laches may be used as a defense in certain legal proceedings, such as in proceedings for unpaid rent.

LEASE

Lease is a contract regarding the right to the possession of real property (land or buildings). It is made for consideration (rent, lease payments) and transfers the right to possession of real property for a period of time.

LIEN

A lien is the attachment of a legal claim on property until the debt on the property is satisfied.

LITIGATION

The process of pursuing a lawsuit.

MISDEMEANOR

A crime that is not a felony. Misdemeanors are less serious than felonies and are punishable by a sentence of imprisonment up to and including a year.

MORTGAGE ON REAL PROPERTY

A written instrument that is used to create a lien on real property until the debt is paid.

NOTARY PUBLIC

A public officer who among other things is authorized to administer oaths and affirmations relating to the truth of statements, and authorized to execute acknowledgments of deeds or writings which may thereafter be admitted into evidence.

OATH

An oath or affirmation is a verbal pledge of the truthfulness of the statements made. An oath or affirmation must be administered as prescribed by law. The person taking the oath must be in front of the notary. An oath cannot be administered over the phone. The person taking the oath must say "I do." A corporation or partnership cannot take an oath. A notary cannot administer an oath to himself.

PLAINTIFF

A plaintiff is the party who starts a civil law suit.

POWER OF ATTORNEY

A statement in writing by a person which gives another person the power to act for him.

PROOF

As it relates to witnessing of the execution of instruments means the formal declaration of the witness that he witnessed the execution of the instrument. The witness must state his residence and that he knew the person signing the document.

PROTEST

Written statement by a notary that a promissory note or bill of exchange was presented for acceptance or payment was refused.

SEAL

Notaries public are NOT required to use a seal. The only inscription required are the words, "Notary Public for the State of New York" and the name of the notary.

SIGNATURE OF THE


NOTARY PUBLIC

Notary must sign his name (same name under which appointed). Following are required: 1. signature and venue, 2. name (printed) beneath signature, 3. "Notary Public State of New York", 4. Name of county where qualified, 5. Date of expiration of commission.

STATUTE

A law that was created by the legislature.

STATUTE OF FRAUDS

A law that states that certain contracts must be in writing to be enforceable. Other contracts (if partially completed) may also be enforceable.

STATUTE OF LIMITATIONS

Law which prescribe the time during which a civil action or criminal prosecution must be commenced.

SUBORDINATION CLAUSE

A clause in an agreement (contract) which allows a future mortgage to take priority over an existing mortgage.

SUNDAY RULES FOR


NOTARIES PUBLIC

1. An affirmation or acknowledgment MAY be taken on a Sunday.




2. A deposition in a civil proceeding CANNOT be taken on a Sunday.

SWEAR

Any mode of oath administration that is authorized by law.

TAKING AN


ACKNOWLEDGMENT

Includes:


1. Person who is named in the instrument informing the notary that he is that person and that he did execute the instrument.


2. The act of the notary checking the identity of that person.

VENUE

The geographical location where the affidavit or acknowledgment is taken by notary (Example: County of Clinton).

WILL

The instrument in which a person sets forth his wishes relating to the disposition of his property after his death.