Notary Public Notes

County Clerk's Certificate

(The same as Authentication Notarial) - 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.

Jurat

A Jurat is that part of an affidavit where the officer (notary public) certifies that it was sworn to before him. It is not the affidavit. "Sworn to before me this... day of ..., 2017"

Authentication (Notarial)

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.

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 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 authenticity of legal documents and other papers required to be filed with foreign consular officers.

Felony

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

Acknowledgment

A formal declaration before a duly authorized officer by a person who has executed an instrument that such an execution is his act and deed. Technically, an "acknowledgment" is the declaration of a person described in and who has executed the written instrument, that he executed the same. As commonly used, the term means the certificate of an officer, duly empowered to take an acknowledgement or proof of the conveyance of real property, that on a specified date "before me came..., to me known to be the individual described in and who executed the foregoing instrument and acknowledged that he executed the same ." The purpose of the law respecting acknowledgments are not only to promote the security of land titles and to prevent frauds in conveyancing, but to furnish proof of the due execution of conveyances, so as to permit the document to be given in evidence, without further proof of its execution, and make it a recordable instrument.

Protest

A 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.

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 another.

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 acknowledgment 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 his signature and venue, the notary public shall print, typewrite or stamp beneath his signature in black ink, his name, the words "Notary Public State of New York," the name of the county in which he is qualified, and date upon which his commission expires. When a notary marries during the term of office for which he/she was appointed, he/she may continue to use the name under which he/she was commissioned as a notary public. However, if he/she elects to use his/her married name, then for the balance of their term as a notary public, they must continue to use the name under which they are commissioned in their signature and seal when acting in their notarial capacity, adding after their signature, their married name in parentheses. When renewing their commission as a notary public, they may apply under their married name or the name under which they are commissioned. they must then perform all their 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 circles.

(Acknowledgment) Interest as a Disqualification

A notary public should not take an acknowledgment to a legal instrument to which the notary is party in interest.

(Acknowledgment) Fraudulent certificates of acknowledgment-

A notary public who knowingly makes a false certificate that a deed or other written instrument was acknowledged by a party thereto is guilty of forgery in the second degree, which is punishable by imprisonment of a term not exceeding 7 years. the essence of the crime is false certification, intention to defraud. while the absence of guilt knowledge or criminal intent would absolve the notary of criminal liability, the conveyance, of which the false certification is an essential part, is forgery and, therefore, invalid.

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 action against another.

Notary Public

A public officer who executes acknowledgments of deeds or writings in order to render them available as evidence of the facts therein contained; administers oaths and affirmations as to the truth of statements contained in papers or documents requiring the administration of an oath. The notary's general authority is defined in section 135 of the Executive Law; the notary has certain other powers which can be found in various provisions of law set forth earlier in the publication.

Affirmation

A solemn declaration made by persons who conscientiously decline taking an oath; it is equivalent to an oath and just as binding; if a person has religious or conscientious scruples against taking an oath, the notary public should have the person affirm. 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?"

Oath

A verbal pledge given by the person taking it in his statements are made under an immediate sense of his responsibility to god, who will punish the affiant if the statements are false. Notaries public must administer oaths and affirmations in manner and form as prescribed by the Civil Practice Law and Rules... namely: ***

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.

Power of Attorney

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

Bill of Sale

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

(Acknowledgment) Damages recoverable from notary for false certificate

Action for damages sustained where notary certified that mortgagor had appeared and acknowledged a mortgage.

Affidavit

An affidavit is a signed statement, duly sworn to, by the maker thereof, before a notary public or an officer authorized to administer oaths. the venue, or county wherein the affidavit was sworn to should be accurately stated. But it is of far more importance that the affiant, the person making the affidavit, should have personally appeared before the notary and have made oath to the statements contained in the affidavit as required by law. under the Penal Law, the willful making of false affidavit is perjury, but to sustain an indictment therefore, there must have been, in some form, in the presence of an officer authorized to administer an oath, an unequivocal and present act by which the affiant consciously took upon himself the obligation of an oath; his silent delivery of a signed affidavit to the notary for his certificate, is not enough. A notary public will be removed from office for preparing and taking the oath of an affiant to a statement that the notary knew to be false.

Contract

An agreement between contempt parties to do or not to do certain things for a legal consideration, whereby each party acquires a right to what the other possesses.

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.

Codicil

An instrument made subsequent to a will and modifying it in some respects

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 and 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.

Conveyance (Deed)

Every instrument, in writing, except a will, by which any estate or interest in real property is created, assigned, or surrendered.

Taking Acknowledgements over the telephone is...

Illegal and the notary public is guilty of a misdemeanor if so acting. In the certificate of acknowledgment a notary public declares "On this... day of... 20..., before me came.... to me known," etc. Unless the person purporting to have made the acknowledgment actually and personally appeared before the notary on the day specified, the notary's certificate that he so came is palpably false and fraudulent.

Affidavit vs. Acknowledgment

In the case of an acknowledgment, the notary public certifies as to the identity and execution of a document, the affidavit involves the administration of an oath to the affiant. There are certain acknowledgment forms which are a combination of an acknowledgment and an affidavit. It is incumbent on the notary public to scrutinize each document presented to him and to ascertain the exact nature of the notary's duties in relation thereto. An affidavit differs from a deposition in that an affidavit is an ex parte statement.

Executor

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

Deponent

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

Chattel

Personal property, such as household goods or fixtures

(Acknowledgment)- The real property law prescribes:

Requisites of acknowledgments: an acknowledgment must not be taken by any officer unless he knows or has satisfactory evidence, that the person making it is the person described in and who executed the instrument. The thing to be known is the identity of the person making the acknowledgement with the person described in the instrument and the person who executed the same. This knowledge must be possessed by the notary and a notary must not take an acknowledgement unless the notary knows or has proof that the person making it is the person described in and who executed the instrument. it is not essential that the person who executed the instrument sign his name in the presence of the notary.

Statute of Frauds

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

Attestation Clause

That clause (e.g. at the end of a will) wherein the witnesses certify that the instrument has been executed before them, and the manner of the execution the same.

Litigation

The act of carrying on a lawsuit.

Taking an Acknowledgment

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; 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 acknowledgement" when the notary signs his official signature to the form setting forth the fact of the taking of the acknowledgment.

Laches

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

Will

The disposition of one's property to 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 knew the person described in and who executed the instrument and that he saw such person execute an instrument.

Venue

The geographical place where a notary public takes an affidavit or acknowledgment. Every affidavit or certificate of acknowledgment should show on its face the venue of the notarial act. The venue is usually set forth at the beginning of the instrument or at the top of the notary's Jurat, or official certification, as follows: "State of New York, County of (New York) ss:", Section 137 of the Executive Law imposes the duty on the notary public to include the venue of his act in all certificates of acknowledgments or jurats to affidavits.

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 authority and jurisdiction. It is the opinion of the Department of State that the only transcription required is the name of the notary and the words, "Notary Public for the State of New York."

Affiant

The person who makes and subscribes his signature to the affidavit.

Escrow

The placing of an instrument in the hands of a person as a depository who on the happening of a designated event, is to deliver the instrument to a third person. This agreement, once established, should be unalterable.

Swear

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

Attest

To witness the execution of a written instrument, at the request of the person who makes it, and subscribe the same as a witness.

Duress

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

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 a trial or hearing.