LA Notary Practical Application 2 — Questions and Answers
Question 1: A Louisiana notary is asked to prepare an authentic act for the sale of a house. Which of the following is required?
- Only the buyer's signature
- The signatures of both parties, two witnesses, and the notary, with the notary reading the act to the parties (Correct answer)
- Only the notary's signature and seal
- The signature of the real estate agent
Correct 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.
Louisiana Civil Code Article 1833 and R.S. 35:11 require that an authentic act be signed by each party, each witness (minimum two), and the notary. The notary must read the act to the parties.
Question 2: A client asks a Louisiana notary to prepare an olographic testament. What should the notary advise?
- The notary must write the testament for the client
- The testator must write the entire testament by hand, date it, and sign it -- the notary cannot prepare it (Correct answer)
- The notary should type the testament and have it notarized
- Two witnesses are required for an olographic testament
Correct 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.
Louisiana Civil Code Article 1575 requires an olographic testament to be entirely written, dated, and signed in the testator's handwriting. If professional assistance is needed, the client should consider a notarial testament.
Question 3: 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?
- Mortgage first, then the sale
- Sale first, then the mortgage -- because the buyer must own the property before mortgaging it (Correct answer)
- Both simultaneously with no particular order
- The mortgage is signed separately the next day
Correct 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.
The act of sale is executed first, transferring ownership. Only after the buyer acquires ownership can they grant a mortgage to the lender. Both are typically signed at the same closing.
Question 4: A Louisiana notary receives a request to notarize a document for a person who does not speak English. What should the notary do?
- Refuse to notarize the document
- Ensure a qualified interpreter is present and that the person understands the document's contents before proceeding (Correct answer)
- Notarize it without any special accommodations
- Have the person sign a waiver of understanding
Correct 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.
Louisiana Revised Statutes Title 35 requires the notary to ensure that all parties understand the document. The interpreter's presence and role should be noted in the act.
Question 5: A notary discovers a material error in an authentic act after it has been signed and recorded. What is the proper procedure?
- Simply make a correction on the original document
- Prepare a corrective act executed by the same parties, referencing the original act (Correct answer)
- Ignore the error since the act is already recorded
- File a lawsuit to correct the error
Correct 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.
R.S. 35:2.1 authorizes acts of correction. The corrective act references the original by recording information and specifies the correction. The notary should never alter the original recorded document.
Question 6: 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?
- A simple verbal authorization
- An authentic act specifically authorizing the sale of the described immovable property (Correct answer)
- A general power of attorney in any written form
- An email authorization to the title company
Correct 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.
Under Louisiana Civil Code Article 2997, the mandate must be in the same form as the act it authorizes. The mandate must specifically describe the property and expressly authorize its sale (Art. 2996).
LA Notary Practical Application 2
A Louisiana notary is asked to prepare an authentic act for the sale of a house.
Which of the following is required?