ND Notary Common Notarial Documents 3 — Questions and Answers
Question 1: A North Dakota notary is presented with a mortgage document that has blank spaces in the body of the text. What should the notary do?
- Complete the blanks using information provided verbally by the signer
- Refuse to notarize until all blanks are filled in (Correct answer)
- Notarize the document and note the blanks in the journal
- Cross out the blanks and initial them before notarizing
Correct answer: Refuse to notarize until all blanks are filled in
North Dakota notaries should not notarize incomplete documents with blank spaces, as this creates risk of fraudulent alterations after notarization.
Question 2: What is the purpose of a subordination agreement that a notary may be asked to notarize?
- It transfers property ownership from one party to another
- It establishes the priority order of liens on a property (Correct answer)
- It releases a borrower from a personal guarantee on a loan
- It certifies that a property inspection has been completed
Correct answer: It establishes the priority order of liens on a property
A subordination agreement changes the priority ranking of liens, typically making one lien subordinate (lower priority) to another.
Question 3: A North Dakota notary is asked to notarize a healthcare directive (living will). The signer mentions they are unsure if they want to sign. How should the notary proceed?
- Encourage the signer to proceed since the document is revocable
- Notarize the document and note the signer's hesitation in the journal
- Refuse to notarize because the signer lacks the required willingness (Correct answer)
- Ask the signer's family members to help persuade them
Correct answer: Refuse to notarize because the signer lacks the required willingness
A notary must refuse to notarize if the signer does not appear willing and voluntarily ready to sign the document.
Question 4: Which notarial act is most appropriate when notarizing an adoption consent form in North Dakota, where the signer must swear to the facts contained within?
- Acknowledgment
- Copy certification
- Jurat (Correct answer)
- Apostille
Correct answer: Jurat
A jurat is appropriate when the signer must swear or affirm under oath that the contents of the document are true, which is required for consent forms involving sworn facts.
Question 5: A commercial lease agreement brought for notarization has the landlord's signature already on it, but the landlord is not present. The tenant is present and ready to sign. What should the notary do?
- Notarize only the tenant's signature since they are personally present (Correct answer)
- Refuse to notarize any part of the document since one party is absent
- Notarize both signatures since the landlord's signature appears genuine
- Contact the landlord by phone to verify their signature remotely
Correct answer: Notarize only the tenant's signature since they are personally present
The notary can only notarize the signature of the party who personally appears — the tenant's signature can be notarized, but not the absent landlord's.
Question 6: What distinguishes a 'warranty deed' from a 'quitclaim deed' in North Dakota?
- A warranty deed is used only for commercial property; a quitclaim deed is for residential
- A warranty deed includes the grantor's guarantee of clear title; a quitclaim deed conveys only whatever interest the grantor has (Correct answer)
- A warranty deed must be notarized; a quitclaim deed does not require notarization
- A warranty deed transfers mineral rights; a quitclaim deed transfers surface rights only
Correct answer: A warranty deed includes the grantor's guarantee of clear title; a quitclaim deed conveys only whatever interest the grantor has
A warranty deed includes a guarantee from the grantor that they have clear title to the property, while a quitclaim deed conveys only whatever interest the grantor actually possesses without any guarantees.
Question 7: A North Dakota notary is asked to notarize a financial power of attorney for an elderly person. During the appointment, the notary suspects the signer may be under duress. What is the correct action?
- Notarize the document but add a note about the suspected duress
- Complete the notarization and report suspicions to authorities afterward
- Refuse to perform the notarization (Correct answer)
- Ask the person accompanying the signer to leave, then re-evaluate
Correct answer: Refuse to perform the notarization
If a notary has reasonable suspicion that a signer is under duress or coercion, the notary must refuse to perform the notarial act.
ND Notary Common Notarial Documents 3
A North Dakota notary is presented with a mortgage document that has blank spaces in the body of the text.
What should the notary do?