NM Notary Notarial Acts and Procedures 3 — Questions and Answers
Question 1: A caller asks a New Mexico notary to notarize a signature over the phone because the signer is homebound. What is the correct response?
- Decline unless the act can be performed with the signer physically or remotely appearing as the law allows (Correct answer)
- Agree, since a phone call satisfies personal appearance
- Agree if a family member holds the phone next to the document
- Agree if the signer emails a photo of their ID
Correct answer: Decline unless the act can be performed with the signer physically or remotely appearing as the law allows
Personal appearance is required, either physically or through approved communication technology for remote online notarization; a phone call alone never suffices.
Question 2: Which document may a New Mexico notary certify as a true copy?
- A private letter presented by its owner (Correct answer)
- A New Mexico birth certificate
- A recorded deed on file with the county clerk
- A federal naturalization certificate
Correct answer: A private letter presented by its owner
Notaries may certify copies of records that are not publicly recorded vital records or documents whose copying is prohibited, such as birth certificates or naturalization papers.
Question 3: During a jurat, what must the notary administer to the signer?
- An oath or affirmation that the contents of the record are true (Correct answer)
- A pledge of allegiance
- A promise to record the document
- A statement of financial responsibility
Correct answer: An oath or affirmation that the contents of the record are true
A verification on oath or affirmation requires the signer to swear or affirm that the statements in the record are true.
Question 4: A document is written in a language the New Mexico notary cannot read, but the certificate is in English and the signer is properly identified. May the notary proceed?
- Yes, if the notary can communicate directly with the signer and complete the English certificate (Correct answer)
- No, notaries may only notarize English documents
- Yes, but only with a certified translator's seal
- No, unless the county clerk approves
Correct answer: Yes, if the notary can communicate directly with the signer and complete the English certificate
The notary certifies the signer's identity and act, not the document's content, but must be able to communicate directly with the signer.
Question 5: What should a New Mexico notary do if a document presented for notarization contains blank spaces?
- Ask the signer to complete or line through the blanks before notarizing (Correct answer)
- Notarize and let the signer fill blanks later
- Fill in the blanks for the signer
- Notarize only the completed pages
Correct answer: Ask the signer to complete or line through the blanks before notarizing
Notarizing a record with blanks invites fraud, so the signer should complete or strike them before the act is performed.
Question 6: Who chooses between taking an oath or making an affirmation?
- The individual taking it, based on personal preference or belief (Correct answer)
- The notary, based on the document type
- The attorney who drafted the document
- The receiving agency
Correct answer: The individual taking it, based on personal preference or belief
The individual may choose an affirmation, which has the same legal effect as an oath but omits religious references.
Question 7: A New Mexico notary's neighbor of fifteen years asks for an acknowledgment but has no ID. May the notary proceed?
- Yes, identification through the notary's personal knowledge is permitted (Correct answer)
- No, a physical ID card is always required
- Yes, but only for documents under $500 in value
- No, unless two credible witnesses also appear
Correct answer: Yes, identification through the notary's personal knowledge is permitted
Personal knowledge of the individual's identity is a lawful basis for identification under RULONA.
NM Notary Notarial Acts and Procedures 3
A caller asks a New Mexico notary to notarize a signature over the phone because the signer is homebound.
What is the correct response?