definition

judgment

(law) the determination by a court of competent jurisdiction on matters submitted to it

affirmation

(religion) a solemn declaration that serves the same purpose as an oath (if an oath is objectionable to the person on religious or ethical grounds) The following is a form of affirmation: "Do you solemnly, sincerely, and truly, declare and affirm that the statements made by you are true and correct."

Sunday

A N.P may administer an oath or take an affidavit or acknowledgment on Sunday. However, a deposition cannot be taken on Sunday in a civil proceeding

jurat

A clause at the end of an affidavit that verifies the time, place, and person before whom the affidavit was made.

Subordination clause

A clause in which the holder of a mortgage permits a subsequent mortgage to take priority. Subordination is the act of yielding priority.

certified copy

A copy of a public record signed and certified as a true copy by the public official having custody of the original. A notary public has no authority to issue certified copies. Notaries must not certify to the authenticity of legal documents and other papers required to be filed with foreign consular officers. Within this prohibition are certificated of the following type: United States of America, State of New York, County of New York: [more...]

Acknowledgment

A formal declaration made before an authorized person, e.g., a notary public, by a person who has executed an instrument stating that the execution was his or her free act. In this state an acknowledgment is the statement by an officer such as a notary that the signatory to the instrument is the person represented to be.

protest

A formal statement in writing by a N.P, under seal, that a certain bill of exchange or promissory note was a certain day presented for payment, or acceptance, and that such payment or acceptance was refused.

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.

Signature of Notary Public

A notary public must sign the name under which he was appointed and no other. In addition to his signature and venue, the notary public shall print, typewrite or stamp beneath his signature in black in, his hame, the words "Notary Public State of New York," the name of the county in which he is qualified, and the date upon which his commission expires (€137, Executive Law). When a woman notary marries during the term of the office for which she was appointed, she may continue to use her maiden name as notary public . However, is she elects to use her marriage name, then for the balance of her term as a notary public she must continue to use her maiden name in her signature and seal when acting in her notarial capacity, adding after her signature her married name, in parentheses. When renewing her commission as a notary public, she may apply under her married name or her maiden name. She must then perform all her notarial functions under the name selected. A member of a religious order, known therein by a name other than his secular cognomen, may be appointed and may officiate as a notary public under the name by which he is known in religious circlese. (Op. Atty. Gen.,Mar. 20, 1930.)

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 instrument given to pass title of personal property from vendor to the vendee.

mortgage on real property

An instrument 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.

consideration

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

laches

Delay or negligence in asserting one's legal rights.

apostile

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

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 who makes oath to a written statement. Technically, a person subscribing a deposition but used interchangeably with "Affiant."

chattel

Personal property, such as household goods or fixtures

county clerk's certificate

See "Authentication (Notarial)."

statute of frauds

State law requires certain instruments, such as deeds, real estate sales contracts and certain leases, to be in writing to be legally enforceable

Taking an acknowledgment

The act of the person named in an instrument telling the notary public that he is the person name in the instrument and acknowledging that he executed such instrument; also includes the act of the notary public in obtaining satisfactory evidence of the identity of the person whose acknowledgment is taken. The notary public "certifies to the taking of the acknowledgment" when the notary signs his official signature to the form setting forth the face of the taking of the acknowledgment.

will

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

proof

The formal declaration made by a subscribing witness to the execution of an instrument setting forth his place of residence, that he saw such person execute such instrument.

seal

The laws of the State of New York do not require the seals by notaries public. If a seal is used, it should sufficiently identify the N.P, his authority and jurisdiction.

authentication

The means of verifying that someone is who they say they are. A certificate subjoined by a county clerk to any certificate of proof or acknowledgment or oath signed by a notary; this county clerk's certificate authenticates or verifies the authority of the notary public to act as such (Executive Law).

Venue

The place where a N.P. takes an affidavit or acknowledgment.

swear

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

contract

a binding agreement between two or more persons that is enforceable by law

lease

a contract granting use or occupation of property during a specified time for a specified payment

misdemeanor

a crime less serious than a felony

felony

a crime more serious than a misdemeanor and punishable by imprisonment for more than one year or death

power of attorney

a legal document authorizing someone to act on your behalf

guardian

a person who cares for persons or property

affiant

a person who makes and signs an affidavit

oath

a solemn promise, usually invoking a divine witness, regarding your future acts or behavior

statute of Limitations

a statute prescribing the time period during which legal action can be taken

Escrow

a written agreement (or property or money) delivered to a third party or put in trust by one party to a contract to be returned after fulfillment of some condition

affidavit

a written declaration made under oath before a notary public or some other official

attestation

act of witnessing the signing (execution) of a document

codicil

any supplement or addition; generally used to refer to additions made to legal documents, such as a will, a legal instrument made to modify an earlier will

contempt of court

disrespect for the rules of a court of law

statute

law enacted by the legislature

litigation

legal action; a lawsuit

lien

legal claim until a debt on it is repaid

executor

n. A person nominated by the will of another to execute the will.

plaintiff

one who brings a court action against another, one who begins a lawsuit

notary public

someone legally empowered to witness signatures and certify a document's validity and to take depositions, A person with the authority to take oaths and acknowledgments.

administrator

the party appointed by a probate court to distribute the estate of someone who dies without a will or without naming an executor

deposition

the testimony of a witness made under oath but not in open court

duress

threats, violence, constraints, or other action brought to bear on someone to do something against their will or better judgment

attest

to bear witness to or certify; or to demonstrate or declare as true