EXAM QUESTIONS AND CORRECT

Louisiana Notary Class The Notary Definitions NEWEST ACTUAL

EXAM QUESTIONS AND CORRECT

DETAILED ANSWERS (VERIFIED

ASNWERS) |ALREADY GRADED A+

NOTARY/NOTARY PUBLIC - ANSWER-A public official in and for a parish, being appointed by the governor with the advice and consent of the Senate after meeting the requirements set forth in Title 35 of La. Revised Statutes. The duties and function of the notary public in La. are established by statute, La. R.S. 35.1 et seq.

NOTARY DE JURE - ANSWER-One who holds office pursuant to the requirements of the law. (every procedure is correct)

NON-NOTARY ATTORNEY - ANSWER-A notary who is not an attorney.

NOTARY BOND - ANSWER-A guarantee of financial responsibility in connection with the performance of an obligation. Rather than depositing case as the guarantee, a bond is usually given by contract of suretyship or special mortgage (property bond).

SEAL - ANSWER-A notary's signature. If a document has to go out of state or for the DMV - raised seal is required.

INSTRUMENT - ANSWER-May be a written document or an electronic document. As used in notarial law and practice, an instrument is a document that requires a signature and a notarial act.

RAISE SEALS - ANSWER-A seal that is impressed onto a document raising the impression to the surface. Need on docs going out of state or that are notarized for the DMV.

TRANSFER - ANSWER-To convey or remove from one place or one person to another; to pass or hand over from one to another.

MARITAL STATUS - ANSWER-Single.Married.

SSN/TIN - ANSWER-Last 4 digits of SSN or Tax Identification Number of the mortgagor and other certain acts. Needs to be placed in the appearance clause.

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FULL NAME - ANSWER-First Name Middle Name Last Name; Fist Initial Middle Name Last Name; Fist Name Middle Initial Last Name.

NAMES BENEATH SIGNATURES - ANSWER-R.S. 35:12 Names must be typed or

printed directly under signatures of the witnesses and the notary - as well as any affiants, buyers and/or sellers on acts.

3RD PERSON/ 3RD PARTY - ANSWER-A person who is not a party to or personally bound by, an instrument.

RESPITE ACTION - ANSWER-CC Art. 3084 An act by which a debtor, who is unable to satisfy his debts at the moment, transacts with his creditors and obtains from them time or delay for the payment of the sums which he owes to them.

ATTORNEY BAR ROLL NUMBER - ANSWER-Assigned when sworn in - a way of identification.

EX OFFICIO NOTARY - ANSWER-Having limited powers. They get hired or elected into their positions.

NOTARY DE FACTO - ANSWER-Acts are not valid hold office without a title.

COMMISSION - ANSWER-The action of each state's appointing authority to appoint someone as a notary public. The certificate issued by appointing authority in each state to announce that appointment.

CAPACITY - ANSWER-A legal qualification, including age and other factors. Parties unless emancipated, must be 18 years of age to contract. Witnesses to most instruments must be 14. Witnesses for wills must be 16.

PROTHONOTARIAL CERTIFICATE - ANSWER-An attestation, usually certified under "act of congress" issued by the clerk of court in the notary's parish of commission establishing that a particular person is a duly appointed, commissioned and qualified notary public in that parish.

ENCUMBER - ANSWER-To burden with a claim such as a mortgage, privilege or lien; a burden or change imposed upon property by law on conventional obligation or contract, such as a privilege or mortgage.

OATH - ANSWER-Any form of attestation or pledge by which a person signifies that he/she is bound in conscience and out of a sense of responsibility to a supreme being to the truthfulness of some statement. Willingly swearing to untrue statements constitutes perjury.

RECORDATION - ANSWER-Recording an Instrument with the proper authority as prescribed by law. 2 / 3

CLERK OF COURT - ANSWER-Parish recorder.

MARITAL HISTORY - ANSWER-It is customary in all acts affecting immovable to include both marital status and marital history. If a party has been married more than once, recite that fact, followed by full name of former spouses, including the circumstances of each marriage's termination with any available details locating the record substantiating the status.

PERMANENT MAILING ADDRESS - ANSWER-Must be included in all acts. Address of where the person receives mail - physical address.

FALSE PUBLIC RECORDS - ANSWER-Filing of a forged or altered document, or one that contains false recitations by the notary.

SECRETARY OF STATE - ANSWER-State government official who is responsible for the licensing and incorporation of businesses, the administration of elections and other formal duties.

JUSTICE OF THE PEACE - ANSWER-handle minor money disputes (up to $5000), may issue some arrest warrants, set bail obligations, and hold preliminary hearings in some types of minor criminal cases. Though customarily addressed as "Judge" they are magistrates not judges. Need not be lawyers. Local within a parish; there may be several such courts within a parish.

ATTORNEY NOTARY - ANSWER-One who is an attorney and also commissioned as an attorney.

SUSPENSION - ANSWER-Temporary deprivation of a person's powers or privileges.

APOSTILLE - ANSWER-A certificate issued by the appropriate office of a state government for purposes of authenticating a notary's signature and official status as a notary on a particular date. May be required for notarized document that is bound for a foreign country that participates in the 1961 Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents.

AFFIX SEALS - ANSWER-To attach or impress the notary seal to a document.

ACKNOWLEDGMENT - ANSWER-A notarial act whereby the signer of a document admits to an officer of the state, such as a notary public, that he signed the document; that he understands the contents of the document; and that he is aware of the consequences of executing the document by signing it. The signer also indicates to the notary that he signed the document of his own free will and was not coerced into signing a document that he did not want to sign.

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