NM Notary Prohibited Acts and Ethics 2

Question 1

A New Mexico notary is asked to notarize a deed in which the notary's spouse is the buyer. What should the notary do?

Accepted Answer

Refuse, because the notary is disqualified by a conflict of interest

Answer

Proceed, since the notary is not personally named

Answer

Proceed, but note the relationship in the journal

Answer

Refuse only if the spouse objects

Question 2

Which of the following may a New Mexico notary who is not an attorney legally do?

Accepted Answer

Complete a notarial certificate selected by the signer or the signer's attorney

Answer

Advise a client which type of deed best protects them

Answer

Draft a power of attorney for a fee

Answer

Explain the legal effect of a will to the signer

Question 3

A signer presents a document with several blank spaces and asks for notarization, promising to fill them in later. The notary should:

Accepted Answer

Refuse to notarize until the document is complete

Answer

Notarize and trust the signer to complete it

Answer

Fill in the blanks personally based on the signer's instructions

Answer

Notarize but write 'incomplete' in the certificate

Question 4

Why is it improper for a New Mexico notary who is not an attorney to advertise as a 'notario publico' without a disclaimer?

Accepted Answer

The term implies attorney-like authority in many Spanish-speaking countries and can mislead the public

Answer

The term is trademarked by the state bar

Answer

Spanish-language advertising is banned for notaries

Answer

Only county clerks may use that title

Question 5

A notary's employer instructs her to notarize signatures on documents signed yesterday by employees who have gone home. The notary should:

Accepted Answer

Refuse, because the signers are not personally appearing before her

Answer

Comply, since the employer vouches for the signatures

Answer

Comply if she recognizes the employees' signatures

Answer

Notarize but backdate the certificate to yesterday

Question 6

Which action by a New Mexico notary is a prohibited act?

Accepted Answer

Certifying a copy of a birth certificate

Answer

Certifying a copy of a private contract when permitted

Answer

Administering an oath to a witness

Answer

Taking an acknowledgment on a mortgage

Question 7

A notary suspects a frail, elderly signer is being pressured by a relative to sign over her house. Ethically, the notary should:

Accepted Answer

Refuse to notarize if the signer does not appear to be acting willingly

Answer

Notarize quickly to avoid a family confrontation

Answer

Notarize but record his suspicions in the journal only

Answer

Ask the relative to confirm the signer's wishes