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Notary Public
| Term | Definition |
|---|---|
| acknowledgement | formal declaration before a duly authorized officer by a person who has executed an instrument that such execution is his act and deed. No oath is administered (different from affidavit) |
| administrator | person appointed by the court to manage the estate of a deceased person who left no will |
| affiant | person who make and subscribes his signature to an affidavit |
| affidavit | signed statement, duly sworn to, by the maker thereof, before a notary public or other officer who administers oaths. Oath must be administered (different from acknowledgement) |
| affirmation | solemn declaration made by persons who conscientiously decline taking an oath (usually for religious reasons). Is as binding as an oath. |
| apostile | Dept of State authentication attached to a notarized and county-certified document for possible international use |
| attest | 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 | that clause (ex: at the end of a will) wherein the witnesses certify that the instrument has been executed before them, and the manner of the execution of the same |
| authentication (notarial) | certificate subjoined by a county clerk to any certificate or proof or acknowledgement or oath signed by a notary; this county clerk's certificate authenticates or verifies the author of the notary to act as such. |
| bill of sale | written instrument given to pass title of personal property from vendor to vendee |
| certified copy | copy of public record signed and certified as true copy by the public official having custody of the original |
| chattel | personal property such as household goods or fixtures |
| chattel paper | writing or writings which evidence both an obligation to pay money and a security interest in a lease or specific goods |
| codicil | instrument made subsequent to a will and modifying it in some respects; as with a will- notary CANNOT execute |
| consideration | anything of value given to induce entering into a contract; it may be money, personal services, or even love and affection |
| contract | agreement between competent parties to do or not do certain things for legal considerations, whereby each party acquires a right to what the other possesses; no time period |
| conveyance (deed) | every instrument, in writing, except a will, by which any estate or interest in real property is created, transferred, assigned or surrendered |
| deponent | one or make an oath to a written statement; technically a person subscribing a deposition but used interchangeable with "affiant" |
| deposition | testimony of a witness taken out of court or other hearing proceeding, under oath or by affirmation, before a notary public before whom such testimony is authorized by law to be taken, which is intended to be used at the trail or hearing |
| duress | unlawful constraint exercised upon a person whereby he is forced to do some act against his will |
| escrow | placing of an instrument in the hands or a person as a depository who on the happening of a designated event, is to the deliver the instrument to a third person; once this agreement is established, it is unalterable. |
| executor | one named in a will to carry out the provisions of the will |
| ex parte (from one side only) | hearing or examination in the presence of, or on papers filed by, one party in the absence of another |
| 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 court declaring that one individual is indebted to another and fixing the amount of such indebtedness; not attached to property |
| jurat | part of an affidavit where the officer (notary public) certifies that is was sworn to before him. It is not the affidavit. "Sworn before me this ..... day of....., 20....." words directly before the signature line |
| laches | delay or negligence in asserting one's legal rights |
| lease | contract whereby, for a consideration, usually termed rent, one who is entitled to the possession or real property transfer such right to another for life, for a term of years (set time period) |
| lien | legal right or claim upon a specific property which attaches to the property until a debt is satisfied |
| litigation | act of carrying on a lawsuit |
| misdemeanor | crime other than a felony |
| mortgage on real property | instrument in writing, duly executed and delivered that creates a lien upon real estate as security of payment of a specified debt, which is usually in the form of a bond |
| notary public | public offer who executes acknowledgement of deeds or writings in order to render them available as evidence of the facts therein contained; administers oaths and affirmations |
| oath | 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; only individuals can take (not corporations) |
| plaintiff | person who starts a suit or brings an action against another |
| power of attorney | written statement by an individual giving another person the power to act for him |
| proof | formal declaration made by a subscribing witness to the execution of an instrument setting forth his place of residence, that he knew the person described in and who executed the instrument, and that he saw each person execute the instrument |
| protest | 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 | State of NY does not require a seal- only the name of the notary and "Notary Public for the State of NY". If a seal is used, it should identify the notary, his authority, and his jurisdiction |
| signature of the notary public | A notary must sign the name under which he was appointed and not other. Must also print, type, or stamp in black ink, his name and the words, "Notary Public for the State of NY". If a notary changes his name, he must continue to sign under his old name. |
| statute | law established by the act of the legislature |
| statute of frauds | state law which provides that certain contracts must be in writing or partially compiled with, in order to be enforceable by laws |
| statute of limitations | law that limits the time within which a criminal prosecution of a civil action must be started |
| subordination clause | clause that permits the placing of a mortgage at a later date which takes priority over an existing mortgage |
| Sunday | a Notary may administer an oath or take an affidavit or acknowledgement on a Sunday, however a deposition cannot be taken on a Sunday |
| Swear | This terms includes every mode authorized by law for administering an oath |
| Taking an Acknowledgement | The act of the person named in an instrument telling the notary public that he is the person named in the instrument and acknowledging that he executed such instrument; includes the act of the Notary obtaining evidence of the identity of the person |
| venue | geographical place where a notary takes an affidavit or acknowledgement |
| will | disposition of one's property to take effect after death; Notary CANNOT execute a will |
| Class D Felony | 7 years |
| Class E Felony | 4 years |
| Class A Misdemeanor | 1 year |
Created by:
lphelps1