LOUISIANA NOTARY PRACTICE EXAM

LOUISIANA NOTARY PRACTICE EXAM / |

ACTUAL EXAM QUESTIONS AND CORRECT ANSWERS

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Notary's statement placed on the face of a document to identify and connect it with another's instrument passed before the notary. - Correct Answer Paraph Where is a paraph is most commonly made on? - Correct Answer A promissory note to identify it with a mortgage, priviledge, or other security device.What is an example form of a recitation of a paraph? - Correct Answer "And I, the undersigned Notary Public, paraphed the Note "Ne Varietur" for identification with this Sale with Mortgage and delivered the note to the Seller who acknowledges receipt thereof." What is included in a paraph? - Correct Answer 1. Name of the act 2. date the act was passed 3.signature of the notary The division of property owned in common into distinct physical shares. - Correct Answer Partition Predial Servitude on Mortgaged Property? - Correct Answer Yes If a predial servitude substantially impairs a mortgaed property... - Correct Answer the mortgagee has a right to demand payment of debt in full A property sold to enforce a mortgage is sold___ of predial servitude - Correct Answer Free(Note the user of servitude can take action against Issuer of the servitude) What strong public policy is fundamental to the concept of partition. - Correct Answer No one should be compelled to hold property in indivision with another.What excludes the right to partion? - Correct Answer If it had been agreed upon in the contract of no partition or by law. 1 / 4

When is partition excluded by law? - Correct Answer If partitioning the land substantially takes from the value of the other portions and renders them of no use.What could take place when partition is excluded by law? - Correct Answer It can by sold for example by sherriff's sale and the proceeds divided amongst owners in indivision.What is the purpose of a partition? - Correct Answer To do away with fractional ownership and to make perfect each co-owner's title or ownership in individual physical shares.In the case where partition is judicially ordered, the court will appoint... - Correct Answer a notary to make the partition in accordance with law.The act of partition is considered? - Correct Answer A conveyence A certificate of dishonor made by a notary certifying that a note, check, or other commercial paper was not satisfied when presented to the maker. - Correct Answer Protest What is necessary to fix the liability of the drawer or endorser on commercial paper. - Correct Answer Unwaived Protest An attestation, usually certified under "acts 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. - Correct Answer Protho-notarial certificate Purpose of Protho-notarial certificate - Correct Answer this fulfills the requirment to have the notary's signature proved by the clerk of court and "certified under Acts of Congress" in order to import full faith and credit provisions of the U.S. constitution to an act of a public official filed in a state other than that of the official.The protho-notarial certificate certified under acts of congress is in... - Correct Answer fact four certificates issued together in conformity with the requirements for certifying an instrument in accordance with Acts of Congress. 2 / 4

Protho notarial certificate (four parts) - Correct Answer 1. clerk of court approves the qualification notary 2. attest that 1. is a true copy 3. judge of judicial district court certifies that the clerk of court is a real clerk of court. 4. the clerk of court certifies that the judge is elected and qualified as a judge of that judicial district court.Authorizes another person to make decisions for the child on the absent parent's behalf. - Correct Answer Provisional custody by mandate Maximum period for provisional custody by mandate - Correct Answer 1 year Can a parent previously denied custody by court order be given provisional custody by mandate? - Correct Answer No Can a tutor confer provisional custody by mandate? - Correct Answer Yes Four generally recognized systems of law - Correct Answer Civil, common, Socialist, & Islamic Islamic law - Correct Answer A quasi-religious system based on the teachings of the Koran that is a thorough integration of religious belief and the secular state.The contract of sale must reflect what - Correct Answer Consent of the parties, contain an accurate description of the tract of land, and stipulate the price in money Sale - Correct Answer A contract whereby a person transfers ownership of a thing to another for a price in money A notary may not - Correct Answer Give legal advice, render legal opinions, or represent constituents to secure for them their rights under law The public records doctrine is - Correct Answer A set of principles regarding acquiring and proving title to Louisiana immovables strictly adhered to and the purpose of assuring stability of land titles and entitling purchasers and others in land transactions to rely upon the public record Inter vivos donations - Correct Answer Donations made during the life of the donor 3 / 4

Pact de non Alienando - Correct Answer A clause contained in the mortgage or other encumbrance agreement whereby the obligor agrees not to sell, engage, alienate, or mortgage the same property to other persons to the prejudice of the mortgage The notary in Louisiana is a public official: - Correct Answer 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 the Louisiana Revised Statutes Mortis causa donations - Correct Answer Donations made in contemplation of death A transfer of immovable property must be made by - Correct Answer Authentic act or act under private signature Duties and function of the Notary Public in Louisiana are established by - Correct Answer Statute R.S.

35:1

The only methods by which property may be acquired gratuitously - Correct Answer Inter vivos donations and mortis causa donations The recordation of an instrument - Correct Answer Does not create a presumption that the instrument is valid or genuine Predial Servitude on mortgaged property - Correct Answer Yes The civil code defines "ownership" as - Correct Answer The right that confers on a person direct, immediate and exclusive authority over a thing How may obligations arise - Correct Answer By operation of law in the absence of the consent of the parties or through the voluntary actions of the parties What is included in a paraph - Correct Answer Name of the act, date the act was passed, and the signature of the notary

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