NE Notary - Nebraska Notary Notary Liability and Misconduct Questions and Answers 1

Question 1

A Nebraska notary incorrectly identifies a signer on a real estate document, resulting in a fraudulent transfer and significant financial loss for the rightful property owner. The owner files a claim. What is the primary purpose of the notary's $15,000 surety bond in this situation?

Accepted Answer

To compensate the injured party for financial damages caused by the notary's misconduct.

Answer

According to Nebraska law, a notary's surety bond is in place to protect the public from financial harm resulting from the notary's negligence or misconduct. If a claim is paid out by the surety company, the company will seek reimbursement from the notary. The bond does not protect the notary.

Question 2

The Secretary of State finds that a Nebraska notary is guilty of malfeasance in office and permanently removes them from office. What is a long-term consequence for this individual?

Accepted Answer

They are forever disqualified from holding the office of notary public in Nebraska.

Answer

Nebraska Revised Statute 64-113 states that if the Secretary of State removes a person from the office of notary public for malfeasance, that person "shall be forever disqualified from holding the office of notary public." A temporary revocation allows for reinstatement after the period and re-passing the exam, but a permanent removal does not.

Question 3

Which of the following actions constitutes 'malfeasance in office' and could be grounds for the temporary or permanent revocation of a Nebraska notary's commission?

Accepted Answer

Failing to follow the statutory procedures for identifying a signer.

Answer

Nebraska Revised Statute 64-113 defines malfeasance in office as, among other things, the "failure to follow the requirements and procedures for notarial acts provided for in Chapter 64." This includes proper identification of signers. Charging a legal fee, notarizing for an out-of-state signer present in Nebraska, and not needing to update a seal for an address change are not acts of malfeasance.

Question 4

A non-attorney notary in Nebraska is asked by a client, "Should I use an acknowledgment or a jurat for this affidavit?" The notary, wanting to be helpful, reviews the document and advises the client that a jurat is appropriate. This action constitutes:

Accepted Answer

The unauthorized practice of law.

Answer

Nebraska Revised Statute 64-105.03 explicitly states that a notary who is not an attorney shall not determine the type of notarial act or certificate to be used if it is not indicated on the document. Providing this type of advice is considered the unauthorized practice of law.

Question 5

If a person is financially harmed by the unlawful act, negligence, or misconduct of a Nebraska notary, they may file a civil action. According to Nebraska Revised Statute 64-109, against whom can this action be brought?

Accepted Answer

The notary public and the surety company.

Answer

Nebraska Revised Statute 64-109 specifies that a person damaged by a notary's unlawful act, negligence, or misconduct may "maintain a civil action on the official bond of such notary public against such notary public, and his sureties." This allows the injured party to sue both the notary and the bonding company.

(NE Notary) Nebraska Notary Exam Practice Test

(NE Notary) Nebraska Notary Exam Practice Test

NE Notary - Nebraska Notary Notary Liability and Misconduct Questions and Answers 1