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New York State Notary Exam Words

New York State Notary Exam Words
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Administrator
A person appointed by the court to manage the estate of a deceased person who left no will.
Affiant
The person who makes and subscribes his signature to an affidavit.
Affidavit
a signed statement, duly sworn to, by the maker thereof, before a notary public or other officer authorized to administer oaths. The venue or county wherein it was sworn to should be accurately stated. [more.]
Affirmation
A solemn declaration made by persons who conscientiously decline taking an oath; it is equivalent to an oath and is just as binding; if a person has religious or conscientious scruples against taking an oath, the notary public should have the person affirm. [more...]
Apostile
Department of State authentication attached to a notarized and county-certified document for possible international use.
Attest
To witness the execution of a written instrument, at the request of the person who makes it, and subscribe the same as a witness.
Attestation Clause
The clause (e.g., at the end of a will) wherein the witness certify that the instrument has been executed before them, and the manner of the execution of the same.
Authentication (Notarial)
A certificate subjoined by a county clerk to any certificate of proof or acknowledgment or oath signed by a notary; this county clerk's certificate authenticates or verifies the authority of the notary public to act as such.
Bill of Sale
A written instrument given to pass title of personal property from vendor to vendee.
Certified Copy
A copy of a public record signed and certified as a true copy by the public official having custody of the original. A notary public has no authority to issue certified copies. Notaries must not certify to the authenticity of legal documents and other papers required to be filed with foreign consular officers. Within this prohibition are certificated of the following type: United States of America, State of New York, County of New York: [more...]
Chattel
Personal property, such as household goods or fixtures.
Chattel Paper
A writing or writings which evidence both an obligation to pay money and a security interest in a lease or specific goods. The agreement which creates or provides for the security interest is known as a security agreement.
Codicil
An instrument made subsequent to a will and modifying it in some respect.
Consideration
Anything of value given to induce entering into a contract; it may be money, personal services, or even love and affection.
Contempt of Court
Behavior disrespectful of the authority of a court which disrupts the execution of court orders.
Contract
An agreement between competent parties to do or not to do certain things for a legal consideration, whereby each party acquires a right to what the other possess.
Conveyance (Deed)
Every instrument, in writing, except a will, by which any estate or interest in real property is created, transferred, assigned or surrendered.
County Clerk's Certificate
See "Authentication (Notarial)."
Deponent
One who makes oath to a written statement. Technically, a person subscribing a deposition but used interchangeably with "Affiant."
Deposition
The testimony of a witness taken out of court or other hearing proceeding, under oath or by affirmation, before a notary public or other person, officer or commissioner before whom such testimony is authorized by law to be taken, which is intended to be used at the trial or hearing.
Duress
Unlawful constraint exercised upon a person whereby he is forced to do some act against his will.
Escrow
The placing of an instrument in the hands of a person as a depository who on the happing of a designated event, is to deliver the instrument to a third person. This agreement, once established, should be unalterable.
Executor
One named in a will to carry out the provisions of the will.
Ex Parte (From One Side Only)
A hearing or examination in the presence of, or on papers filed by, one party and in the absence of the other.
Felony
A crime punishable by death or imprisonment in a state prison.
Guardian
A 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 indebtness.
Jurat
A jurat is that part of an affidavit where the officer (notary public) certifies that it was sworn to before him. It is not the affidavit. The following is the form of jurat gerally employed: "Sworn to before me this ....... Day of ......., 20......" Those words placed directly after the signature in the affidavit stating that the facts therein contained were sworn to or affirmed before the officer (notary public) together with his official signature and such other data as required by 137 of the Executive Law.
Laches
The delay or negligence in asserting one's legal right.
Lease
A contract whereby, for a consideration, usually termed rent, one who is entitled to the possession of real property transfers such right to another for life, for a term of years or at will.
Lien
A legal right or claim upon a specific property which attaches to the property until a debt is satisfied.
Litigation
The act of carrying on a lawsuit.
Misdemeanor
Any crime other than a felony
Mortgage On Real Property
An instrument in writing, duly executed and delivered that creates a lien upon real estate as security for the payment of a specified debt, which is usually in the form of a bond.
Notary Public
A public officer who executes acknowledgments of deeds or writings in order to render them available as evidence of the facts therein contained; administers oaths and affirmation as to the truth of statements contained in papers or documents requiring the administration of an oath. The notary's general authority is defined in €135 of the Executive Law; the notary has certain other powers which can be found in the various provisions of law set forth earlier in this publication.
Oath
A verbal pledge given by the person taking it that his statements are made under an immediate sense of this responsibility to God, who will punish the affiant if the statements are false. Notaries public must administer oaths and affirmations in manner and form as prescribed by the Civil Practice Law and Rules, namely: [...] For an oath or affirmation to be valid, whatever form is adopted, it is necessary that: first, the person swearing or affirming must personally be in the presence of the notary public; secondly, that the person unequivocally swears or affirms that what he states is true; thirdly, that he swears or affirms as of that time; and, lastly, that the person conscientiously takes upon himself the obligation of an oath.
Plaintiff
A person who starts a suit or brings an action against another.
Power of Attorney
A written statement by an individual giving another person the power to act for him.
Proof
The formal declaration made by a subscribing witness to the execution of an instrument setting forth his place or residence, that he knew the person described in and who executed the instrument and that he saw such person execute such instrument.
Protest
A formal statement in writing by a notary public, under seal, that a certain bill of exchange or promissory note was on a certain day presented for payment, or acceptance, and that such payment or acceptance was refused.
Seal
The laws of the State of New York do not require the use of this by notaries public. If it is used, it should sufficiently identify the notary public, his authority and jurisdiction. It is the opinion of the Department of State that the only inscription required is the name of the notary and the words "Notary Public for the State of New York."
Signature of Notary Public
A notary public must sign the name under which he was appointed and no other. In addition to his signature and venue, the notary public shall print, typewrite or stamp beneath his signature in black in, his hame, the words "Notary Public State of New York," the name of the county in which he is qualified, and the date upon which his commission expires (€137, Executive Law). When a woman notary marries during the term of the office for which she was appointed, she may continue to use her maiden name as notary public . However, is she elects to use her marriage name, then for the balance of her term as a notary public she must continue to use her maiden name in her signature and seal when acting in her notarial capacity, adding after her signature her married name, in parentheses. When renewing her commission as a notary public, she may apply under her married name or her maiden name. She must then perform all her notarial functions under the name selected. A member of a religious order, known therein by a name other than his secular cognomen, may be appointed and may officiate as a notary public under the name by which he is known in religious circlese. (Op. Atty. Gen.,Mar. 20, 1930.)
Statute
A law established by an act of the legislature.
Statute of Frauds
State Law which provides that certain contracts must be in writing or partially complied with, in order to be enforceable at law.
Statute of Limitations
A law that limits the time within which a criminal prosecution or a civil action must be started.
Subordination Clause
A clause which permits the placing of a mortgage at a later date which takes priority over an existing mortgage.
Sunday
A notary public may administer an oath or take an affidavit or acknowledgment of Sunday. However, a deposition cannot be taken on Sunday in a civil proceeding.
Swear
This term includes every mode authorized by law for administering an oath.
Taking an Acknowledgment
The act of the person named in an instrument telling the notary public that he is the person name in the instrument and acknowledging that he executed such instrument; also includes the act of the notary public in obtaining satisfactory evidence of the identity of the person whose acknowledgment is taken. The notary public "certifies to the taking of the acknowledgment" when the notary signs his official signature to the form setting forth the face of the taking of the acknowledgment.
Venue
The geographical place where a notary public takes an affidavit or acknowledgment. Every affidavit or certificate of acknowledgment should show on its face the venue of the notarial act. The venue is usually set forth 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 of the notary public to include the venue of his act in all certificates of acknowledgments or jurats to affidavits.
Will
The disposition of one's property to take effect after death.
Schedule of Fees (Appointment as Notary Public)—Total Commission Fee
$60.00 ($40 appointment and $20 filing of Oath of Office)
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