NM Notary Legal Requirements and Regulations 4

Question 1

A customer asks a non-attorney New Mexico notary which type of deed to use. What should the notary do?

Accepted Answer

Decline to advise and suggest the customer consult an attorney

Answer

A notary who is not a licensed attorney may not give legal advice or select documents, as that is the unauthorized practice of law.

Question 2

Which situation requires a New Mexico notary to refuse to perform a notarial act?

Accepted Answer

The notary believes the signer does not understand the document or is being coerced

Answer

A notary must refuse if the signer appears to lack competence, awareness, or is signing involuntarily.

Question 3

May a New Mexico notary notarize a document in which the notary is named as a beneficiary?

Accepted Answer

No, because the notary has a disqualifying interest in the transaction

Answer

A notary may not perform a notarial act on a record in which the notary or the notary's spouse has a direct beneficial interest.

Question 4

What must appear in the certificate of a notarial act in New Mexico?

Accepted Answer

The venue, date, notary's signature, and information identifying the notary's commission

Answer

A notarial certificate must state the jurisdiction and date, be signed by the notary, and identify the notary's office and commission.

Question 5

A document is presented with a blank space where key terms should be. What should the New Mexico notary do?

Accepted Answer

Refuse to notarize until the document is complete or blanks are addressed by the signer

Answer

Notarizing an incomplete record invites fraud, so the signer should complete or line through blanks before the act.

(NM Notary) New Mexico Notary Exam Practice Test