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NOTARY 2023
NOTARY TESTS AND UPDATES
| Question | Answer |
|---|---|
| WHAT IS A JURAT | A VERIFICATION UPON OATH OR AFFIRMATION THAT STATEMENTS IN DOCUMENT ARE TRUE. |
| WHAT ARE 4 THINGS YOU MUST CERTIFY WHEN NOTARIZING A JURAT. | 1. SIGNER APPEARED IN PERSON, 2. VERIFY THE IDENTITY, 3. SIGNER SWORE OATH OR AFFIRMATION STATEMENTS ARE TRUE. 4. WITNESS THE SIGNING |
| WHAT IS THE ROLE OF A NOTARY PUBLIC? | CONFIRM THE IDENTITY OF A SIGNER AND HELP PREVENT FORGERIES. |
| WHAT 3 THINGS MUST YOU DO TO NOTARIZE AN OUT OF STATE DOCUMENT? | 1. FOLLOW THE LAWS OF YOUR STATE 2. PERFORM THE TASK IN A LOCATION WHERE YOUR COMMISSION IS VALID, 3. NOTARY CERTIFICATE HAS THE CORRECT LOCATION WHERE THE NOTARY IS ACTUALLY TAKING PLACE. |
| A DOCUMENT AUTHORIZING SOMEONE TO PERFORM DUTIES ON BEHALF OF ANOTHER IS CALLED _________________________ | POWER OF ATTORNEY |
| WHAT IS AN ATTORNEY IN FACT | PERSON GRANTED POWER OF ATTORNEY FOR SOMEONE ELSE |
| HOW LIKELY ARE YOU TO DO A SIGNATURE WITNESSING IN CALIFORNIA AND WHY? | UNLIKELY. PRACTICE PROHIBITED IN CALIF, FLORIDA, AND TEXAS. |
| 4. STEPS HOW TO PERFORM AN ACKNOWLEDGEMENT. | 1. IN PERSON ON DATE AND IN COUNTY ON CERTIFICATE 2. ENSURE ALL SPACES FILLED IN, ALL PAGES INCLUDED, CERTICIFATE WORDING ON THE END, 3. SIGNOR POSITIVELY IDENTIFIED(PROOF OF ID OR 1-2 CREDIBLE IDENTIFYING WITNESSES), 4.SIGNOR ACKNOWLEDGES SIGNATURE FREEL |
| 3 WAYS A DISABLED PERSON CAN GET NOTARIZED | 1. POWER BY ATTY, 2. SIGNATURE BY MARK, 3. SIGNATURE BY PROXY |
| WHAT IS AN APOSTILLE OR AUTHENTICATIONS | APOSTILLE AND AUTHENTICATIONS ARE CERTIFICATES ATTACHED BY A GOV'T OFFICIAL TO NOTARIZED DOCUMENTS SENT TO ANOTHER COUNTRY |
| WHAT ARE THE TWO MAIN WAYS FOR A NOTARY TO MAKE MONEY $ | 1. LOAN SIGNING, 2. GENERAL NOTARY WORK |
| WHY WOULD THERE BE A NEED FOR A PROOF OF EXECUTION? | PRINCIPAL SIGNER CANNOT APPEAR BEFORE THE NOTARY. |
| WHAT ARE THE STEPS INVOLVED WITH A PROOF OF EXECUTION? | 1. SUBSCRIBING WITNESS WATCHES OR ACKNOWLEDGEMENT THAT PRINCIPAL SIGNED DOC AND SIGNS DOC HIM/HERSELF. 2. WITNESS PRESENTS NOTARY WITH DOC AND TAKES OATH OR AFFIRMATION.3. WITNESS SIGNS JOURNAL. 4. NOTARY COMPLETES PROOF OF EXEC BY SUBSCRIBING WITNESS DOC |
| WHY SHOULD A PROOF OF EXECUTION BE USED AS A LAST RESORT? | DUE TO THEIR HIGH POTENTIAL FOR FRAUDULENT ABUSE |
| PROOF OF EXECUTION MAY NOT BE FORMED ON WHICH FORMS? | PWR OF ATTY, DEEDS, QUITCLAIM DEEDS, DEEDS OF TRUST, MORTGAGES, SECURITY AGREEMENTS, AND ANY OTHER FORM EFFECTING REAL PROPERTY. |
| THIS IS PERHAPS THE MOST IMPORTANT PART OF DOING A NOTARIZATION | OBTAIN THE SIGNERS SIGNATURE IN YOUR JOURNAL |
| WHAT ARE THE 5 MOST COMMON TYPES OF NOTARIZATIONS | 1. ACKNOWLEDGEMENTS, 2. JURATS, 3. OATH OR AFFIRMATION GIVING, 4. SIGNATURE WITNESSING, 5. COPY CERTIFICATION |
| WITH THIS ACT, YOU CERTIFY THAT THE DOCUMENT SIGNER IS WHO THEY SAY THEY ARE AND SIGNATURE MADE BY SIGNER. | SIGNATURE WITNESSING |
| THIS NOTARIAL ACT CONFIRMS THAT A REPRODUCTION OF A DOCUMENT IS COMPLETE AND EXACT TO THE ORIGINAL | COPY CERTIFICATION |
| THIS DOCUEMENT ENSURES THAT A SIGNER IS WHO THEY SAY THEY ARE, AND SIGNED VOLUNTARILY. OFTEN NEEDED FOR VALUABLE ASSETS LIKE DEEDS MORGAGES AND TRUSTS. | ACKNOWLEDGEMENT |
| WHAT IS THE PURPOSE OF A JURAT | FOR SIGNER TO SWEAR THAT THE CONTENTS OF A DOCUMENT ARE TRUE OR THEY MAY FACE PERJURY CHARGE. |
| D -1. WHAT IS THE DIFFERENCE BETWEEN A SIGNATURE WITNESSING AND AN ACKNOWLEDGEMENT? 2. DIFFERENCE BETWEEN SIGNATURE WITNESSING AND A JURAT? | 1. SIGNATURE WITNESSING -SIGNATURE MUST BE SIGNED IN FRONT OF YOU, ACKNOWLEDGEMENTS THEY DO NOT. 2. SIGNER NOT REQUIRED TO TAKE AN OATH WITH SIGNATURE WITNESSING. |
| WHAT SHOULD YOU CHECK FOR ON AN I.D. | TAKE ID OUT AND FEEL FOR RAISED EDGES, LOOK AT PHOTO AND CHECK AGAINST THE PRESENTER, CHECK EXPIRATION DATE AND ALL INFO IN RIGHT PLACE, CHECK SECURITY FEATURES, COMPARE SIGNER SIGNATURE ON JOURNAL WITH ID. |
| THREE TYPES OF HIGH RISK DOCUMENTS | 1. REAL ESTATE, 2. ESTATE BENEFICIARIES, 3.POWER OF ATTY |
| WHAT IS ONE OF THE BEST WAYS TO PROTECT YOURSELF AGAINST FRAUD OR HAVE A CLAIM FILED AGAINST YOU? | REQUIRE PERSONAL APPEARANCE. |
| D -IF YOUR EMPLOYER PAID FOR YOUR SEAL, THEY THEN CAN HAVE ACCESS TO THE SEAL AND/OR YOUR JOURNAL. | FALSE. YOU COULD BE HELD LIABLE FOR ANY FRAUDULANT ACT. |
| WHAT ARE THE 3 PARTS REQUIRED IN ANY NOTORIAL CERTIFICATE? | 1. VENUE (STATE & COUNTY TAKING PLACE) 2. BODY OF CERTIFICATE (SIGNERS NAME, IN PERSON, ETC.) 3. YOUR SIGNATURE & STAMP |
| WHAT IS THE MAIN DIFFERENCE BETWEEN AN ACKNOWLEDGEMENT AND AN AFFADAVIT? | AFFADAVITS MUST BE SWORN TO AND SIGNER MUST SIGN IN FRONT OF THE NOTARY. |
| EACH NOTARIAL ACT ACCOMPANIES A.... | NOTARY CERTFICATE WHICH CERTFIES THE NOTORIAL ACT |
| IF NOTARIZING AN AFFIDAVIT, WHAT FORM MUST BE COMPLETED? | JURAT |
| ONCE NOTARIZED, HOW CAN ONE MAKE AN EDIT TO THE DOCUMENT? | IT CANNOT BE EDITED. NOTARY SHOULD START THE PROCESS ALL OVER AGAIN. |
| THESE CANNOT BE NOTARIZED WITH A NOTARIAL SEAL | SUBDIVISION MAPS |
| WHAT ARE THE REQUIREMENTS FOR A SINGLE CREDIBLE WITNESS | 1. WITNESS KNOWN TO THE NP, 2. WITNESS PERSONALLY KNOWS THE SIGNER, 3. NP MUST CHECK THE ID, 4. WITNESS SWEARS OATH THE SIGNER OF DOC IS INDIVIDUAL NAMED HEREIN, 5. WITNESS SIGNS JOURNAL. |
| WHEN TO USE TWO CREDIBLE WITNESSES | WHEN NP DOES NOT KNOW THE WITNESSES. |
| NAME THE 4 DOCUMENTS THAT REQUIRE THE RIGHT THUMBPRINT AS WELL AS THE OATH OR AFFIRMATION. | DEED, QUITCLAIM DEED, DEED OF TRUST, POWER OF ATTORNEY |
| HOW MANY DAYS AFTER A WRITTEN REQUEST FROM A CLIENT FOR A COPY OF THE JOPURNAL DOES NP HAVE TO COMPLY | 15 DAYS |
| THEMOST COMMON NOTARIAZTION ACT IS ......WHAT THREE THINGS ARE WE CERTYIFYING WHEN DOING THIS ACT? | ACKNOWLEDGEMENT; 1. PERSON APPEARED BEFORE NOTARY ON DATE AND LOCATION INDICATED, 2. SIGNER POSITIVELY IDENTIFIED, 3. SIGNER GRANTS SIGNATURE FREELY MADE OR PERSON BEING REPRESENTED HAD POWER TO DO SO. |
| HOW CAN A REVISION BE MADE ON A NOTARY DOCUMENT UNDER CALIF LAW? | NP CANNOT EDIT, CROSS OUT, OR DELETE ANY WORDS ON THE NOTARY DOCUMENT (P131) |
| WHY IS IT THAT A NP CAN NOTARIZE A DOCUMENT IN A LANGUAGE THE NP DOES NOT SPEAK? | BECAUSE THE NP IS NOTARIZING THE SIGNATURE AND NOT THE CONTENTS OF THE DOCUMENT. BUT, NP SHOULD HAVE GENERAL IDEA OF DOC BEING NOTARIZED |
| WHAT HAPPENS IF A NOTARY CANNOT COMMUNICATE WITH THE CLIENT? | THEN THE CLIENT SHOULD BE REFERRED TO A NP WHO SPEAKS THE LANGUAGE. INTERPRETERS ARE NOT RECOMMENDED. |
| NAME 4-6 ACTS A NP PERFORMS | ACKNOWDGE, JURATS, OATHS/AFFIRMATIONS, DEPOSITIONS, CERTIFY COPY OF POWER OF ATTY, COPY OF NP JOURNAL, PROOFS OF EXECUTION, SIGNATURE WITNESS, PROTESTS |
| THREE MANDATORY CRITERIA FOR A DOC TO BE NOTARIZED | 1. DOC MUST BE COMPLETELY FILLED OUT, 2. DOC MUST HAVE SIGNATURE OF THE PRINCIPAL, 3. DOC MUST HAVE CORRECT NOTORIAL WORDING, |
| NAME THE TWO INSTANCES IN WHICH THE NP CERTIFIES DOCUMENTS | 1. COPIES OF POWER OF ATTY, 2. COPIES OF THE NP JOURNAL |
| Name the 4 types of penalties. | 1. Infraction, 2. Negligent Failure, 3. Misdemeanor (including willful), 4.Felonies. |
| What act constitutes an Infraction? How much is the penalty? | Failure to contact the Secty Of State for a name or address change. $500 |
| A) What 3 acts constitute a Negligent Failure? B) How much is the penalty? | 1 Failure to check ID, 2. Failure to perform duties and Responsibilities such as complete the Acknowledgement, 3. Overcharging. B) $750. |
| Practicing Law or giving legal advice will garner what kind of violation and at what cost? | Misdemeanor; $1000 |
| Which Notarial violation is a felony that could cost up to $75,000? | Knowingly Filing of False Documents. Ex. Deeds of Trust(Fraud) |
| Illegal advertising related to immigration is a ______ with a penalty of __________ | Willful Misdemeanor; $1500 |
| Failure to stamp thumbprint or refusal to give journal to an officer is a ________________________ that will cost ______________ | Willful misdemeanor; $2500 |
| Name 3 of the 6 willful misdemeanors that come with a penalty of $1500 | 1. Any act the involves dishonesty, fraud, deceit. 2. Willful neglect of duties, 2. Illegal Immigration advertising 3. Failure to notify of Seal Damage, 4. Failure to secure jrnl, 5. Using false notary terminology, |
| This act can land you in jail from 2 - 4 years. | Perjury or Forgery |
| Name 3 to 4 Misdemeanors that could cost $1000 | 1. Impersonating a Notary, 2. Falsifying Notary words or Journal content, 3. Coercion, 4. Destroying or hiding the journal. |
| Name the 2 instances where NP must respond sooner than the normal 30 day period. | 1. Lost/Stolen Stamp or Seal or journal (immediate), 2. Journal taken by law enforcement (ten days) |
| The only instance in which someone can possess the NP stamp/seal. | Under a judges order after a commission is revoked. |
| Willful and intentional are known as ___________________ and the cost of these violations are __________________ | Willful misdemeanor; $1500 |
| What is the rule regarding Out-Of-State Jurats? | They are not acceptable and must accompany a loose leaf Jurat |
| a) Signature by mark requires ____ witnesses. b)What must the witness due in reference to the signers mark on the document? | a)2; b)sign the principals name in cursive by the mark. |
| Who writes the principals name in the NP journal when signed by mark? | The NP or the witness. |
| Which documents require the signer to leave a right thumbprint? | Power of Atty, Trust Deedsfor real estate |
| What three things is the subscribing witness taking an oath to? | 1. They signed as the witness, 2. The signer acknowledges that they signed the document, 3. The signer requested the document be notarized |
| What is the term for when a subscribing witness brings a doc to the NP? | Proof of Execution |
| What is the responsibility of the NP in cases where a bond was paid out? | The NP must reimburse the surety company |
| A credible identifying witness serves what main purpose? | That they know the signer |
| What 4 things must the notary seal indicate | 1. NP name, 2. Expiration Date, 3. NP id number, 4. The state seal |
| How many days after a request for a transaction does the NP have to respond? | 15 |
| You can do a Proof of Exec and not require the Right Thumbprint on this type of real estate transaction. | Deed of reconveyance |
| What is a deed of reconveyance | Legal document transferring property title from the lender to the borrower. |
| For ID purposes, along with the foreign passport must be... | A stamp from US Immigration Agency |
| After the first notice in regards to a bad check, you have how long to correct the matter before cancelled commission? | 20 days |
| Which of the following can the NP certify copies of? Birth Cert, Marriage Cert, Power of Atty, Death Cert. | Only the Power of Atty |
| Most penalties for willful misdemeanors are $1500 except for these two which are $2500 | 1. Failure to surrender journal to peace officer, 2. Failure to get thumbprint when required. |
| Which 3 violations have the penalty of $10,000? | 1. Falsifying an acknowledgement, 2. Failure to identify credible witnesses and have their signature in the journal. 3. Acting as notary on Real Estate matters |
| The penalty for knowingly filing false documents is............ | $75,000 |
| the 5ive steps of Notarization | 1. Require personal appearance, 2. Scan the Document, 3. Identify the screener, 4. Record journal entry, 5. Complete notarial certificate |
| When you scan a document before notarizing, what are you looking for? | That the document is complete with no missing information or spaces, and that the document has an original signature. |
| What must be present on a California approved ID as long as its is on the approved acceptable list? | PPSS - PPSS Photograph - Physical Description - Serial number - Signature |
| As it pertains to the journal entry, what is the difference between having one credible witness vs two? | With one witness, he/she must either sign the journal or the NP can indicate the documents used to identify in the jrnl; with two credible witnesses, both must sign the journal AND NP must indicate documents used to identify for both. |
Created by:
JeromeG
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