Practical Application Flashcards

A Louisiana notary is asked to prepare an authentic act for the sale of a house. Which of the following is required?

Answer: The signatures of both parties, two witnesses, and the notary, with the notary reading the act to the parties

An authentic act requires all parties, two witnesses, and the notary to sign, with the notary reading the act.

A client asks a Louisiana notary to prepare an olographic testament. What should the notary advise?

Answer: The testator must write the entire testament by hand, date it, and sign it -- the notary cannot prepare it

An olographic testament must be entirely in the testator's handwriting; a notary-prepared document would not qualify.

A notary is closing a sale of immovable property. The buyer is financing with a bank loan. In what order should the documents typically be executed?

Answer: Sale first, then the mortgage -- because the buyer must own the property before mortgaging it

The sale must be executed first so the buyer has ownership and can then mortgage the property.

A Louisiana notary receives a request to notarize a document for a person who does not speak English. What should the notary do?

Answer: Ensure a qualified interpreter is present and that the person understands the document's contents before proceeding

The notary must ensure the party understands the document, which may require a qualified interpreter.

A notary discovers a material error in an authentic act after it has been signed and recorded. What is the proper procedure?

Answer: Prepare a corrective act executed by the same parties, referencing the original act

Errors in recorded authentic acts are corrected by executing a separate corrective act.

A Louisiana notary is asked to prepare a power of attorney for a client who wants their spouse to sell separate property while deployed overseas. What form should the document take?

Answer: An authentic act specifically authorizing the sale of the described immovable property

Since selling immovable property requires authentic act, the power of attorney must also be in authentic act form.