Notary Public Legal Terms

County Clerk's Certificate

A certificate subjoined by a county clerk to any certificate of proof or acknowledgement or oath signed by the notary.

Authentication (Notarial)

A certificate subjoined by a county clerk to any certificate of proof or acknowledgement or oath signed by the notary: this county clerk's certificate authenticates or verifies the authority of the notary public to act as such.

Subordination Clause

A clause which permits the placing of a mortgage at a later date which takes priority over an existing mortgage.

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.

Certified Copy

A copy of a document or record, signed and certified as a true copy by the public official who has custody of the original record (for example, the local clerk of courts or state department of vital statistics).

Felony

A crime punishable by death or imprisonment in a state prison.

Proof

A declaration made by a subscribing witness usually stating that he/she witnessed the signature of the signer of the document.

Conveyance (Deed)

A document affecting or changing the title/ownership of real property.

Mortgage On Real Property

A document 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.

Codicil

A document made subsequent to a will & modifying it in some respects.

Acknowledgement

A formal declaration before a duly appointed official that the signer is who they say they are and is signing voluntarily.

Protest

A formal declaration made by a notary declaring a default in payment on a promissory note.

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.

Statute

A law established by an act of the Legislature.

Statute of Limitations

A law that limits the time within which a criminal prosecution or a civil action must be started.

Lien

A legal right or claim upon a specific property which attaches to the property until a debt is satisfied.

Sunday

A notary public may administer an oath or take an affidavit or acknowledgement on Sunday. However, a deposition cannot be taken on Sunday in a civil proceeding.

Signature of Notary Public

A notary public must sign the name under which he was appointed and no other. In addition to their signature and venue, the notary public shall print, typewrite or stamp beneath their signature in black ink, their name, the words "Notary Public State of New York," the name of the county in which they are qualified, and the date upon which their commission expires.

Administrator

A person appointed by the court to manage the estate of a deceased person who left no will.

Guardian

A person in charge of a minor's person or property.

Plaintiff

A person who starts a suit or brings an action against another.

Notary Public

A public officer who executes acknowledgements 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.

Affidavit

A signed statement, duly sworn to before a notary public or other officer authorized to administer oaths.

Affirmation

A solemn declaration made by persons who conscientiously decline taking an oath; it is equivalent to an oath & just as binding.

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. Willingly swearing to untrue statements constitutes perjury.

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.

Bill of Sale

A written document given to pass title of personal property from vendor to vendee.

Power of Attorney

A written statement by an individual giving another person the power to act for him.

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 possesses.

Misdemeanor

Any crime other than a felony.

Consideration

Anything of value given to induce entering into a contract; it may be money, personal services, or even love & affection.

Contempt of Court

Behavior disrespectful of the authority of a court which disrupts the execution of court orders.

Judgment

Decree of a court declaring that one individual is indebted to another and fixing the amount of such indebtedness.

Apostile

Department of State authentication attached to a notarized and county-certified document for possible international use.

Executor

One named in a will to carry out the provisions of the will.

Chattel

Personal property, such as household goods or fixtures.

Escrow

Putting documents, property, or funds in the hands of an independent third party.

Statute of Frauds

State law which provides that certain contracts must be in writing or partially complied with, in order to be enforceable.

Attestation Clause

That clause (e.g. at the end of a will) wherein the witnesses certify that the document has been executed before them.

Jurat

That part of an affidavit where the officer (notary public) certifies that it was sworn to before him. It is not the affidavit. Ex: "Sworn to before me this ___day of _____, 20___." (Usually placed directly after the signature.)

Litigation

The act of carrying on a lawsuit.

Taking an Acknowledgement

The act of the person named in a document telling the notary public that they are the person named in the document and acknowledging that they executed such a document; also includes the act of the notary public in obtaining satisfactory evidence of the identity of the person whose acknowledgement is taken.

Laches

The delay or negligence in asserting one's legal rights.

Will

The disposition of one's property to take effect after death.

Seal

The laws of the State of New York do not require the use of seals by notaries public. If a seal is used, it should sufficiently identify the notary public, his or her 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."

Venue

The location where the notarial act takes place, usually stated in the following format at the beginning of the notarial certificate: State of _________ County of ________

Deponent

The person giving sworn testimony in a deposition.

Affiant

The person who makes and subscribes his signature to affidavit.

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.

Instrument

This 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 to be fully executed.

Swear

This terms includes every mode authorized by law for administering an oath.

Attest

To bear witness to, to sign a document as a witness, or to affirm as true.

Duress

Unlawful constraint exercised upon a person whereby he is forced to do some act against his or her will.