NM Notary Prohibited Acts and Ethics 2 — Questions and Answers
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?
- Refuse, because the notary is disqualified by a conflict of interest (Correct answer)
- Proceed, since the notary is not personally named
- Proceed, but note the relationship in the journal
- Refuse only if the spouse objects
Correct answer: Refuse, because the notary is disqualified by a conflict of interest
A notary may not perform a notarial act when the notary or the notary's spouse is a party to or has a direct beneficial interest in the transaction.
Question 2: Which of the following may a New Mexico notary who is not an attorney legally do?
- Complete a notarial certificate selected by the signer or the signer's attorney (Correct answer)
- Advise a client which type of deed best protects them
- Draft a power of attorney for a fee
- Explain the legal effect of a will to the signer
Correct answer: Complete a notarial certificate selected by the signer or the signer's attorney
Completing a certificate chosen by the signer is ministerial, while advising, drafting, or explaining legal effects constitutes the unauthorized practice of law.
Question 3: A signer presents a document with several blank spaces and asks for notarization, promising to fill them in later. The notary should:
- Refuse to notarize until the document is complete (Correct answer)
- Notarize and trust the signer to complete it
- Fill in the blanks personally based on the signer's instructions
- Notarize but write 'incomplete' in the certificate
Correct answer: Refuse to notarize until the document is complete
Notarizing an incomplete document is prohibited because blanks could be filled in later to commit fraud.
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?
- The term implies attorney-like authority in many Spanish-speaking countries and can mislead the public (Correct answer)
- The term is trademarked by the state bar
- Spanish-language advertising is banned for notaries
- Only county clerks may use that title
Correct answer: The term implies attorney-like authority in many Spanish-speaking countries and can mislead the public
In many Latin American countries a 'notario publico' is a licensed legal professional, so using the title without the required disclaimer deceives consumers about the notary's authority.
Question 5: A notary's employer instructs her to notarize signatures on documents signed yesterday by employees who have gone home. The notary should:
- Refuse, because the signers are not personally appearing before her (Correct answer)
- Comply, since the employer vouches for the signatures
- Comply if she recognizes the employees' signatures
- Notarize but backdate the certificate to yesterday
Correct answer: Refuse, because the signers are not personally appearing before her
Personal appearance before the notary at the time of notarization is mandatory, and no employer instruction can override that requirement.
Question 6: Which action by a New Mexico notary is a prohibited act?
- Certifying a copy of a birth certificate (Correct answer)
- Certifying a copy of a private contract when permitted
- Administering an oath to a witness
- Taking an acknowledgment on a mortgage
Correct answer: Certifying a copy of a birth certificate
Notaries may not certify copies of vital records such as birth or death certificates, which must be obtained from the official custodian.
Question 7: A notary suspects a frail, elderly signer is being pressured by a relative to sign over her house. Ethically, the notary should:
- Refuse to notarize if the signer does not appear to be acting willingly (Correct answer)
- Notarize quickly to avoid a family confrontation
- Notarize but record his suspicions in the journal only
- Ask the relative to confirm the signer's wishes
Correct answer: Refuse to notarize if the signer does not appear to be acting willingly
A notary must refuse when the signer does not appear competent or does not appear to be signing knowingly and voluntarily.
NM Notary Prohibited Acts and Ethics 2
A New Mexico notary is asked to notarize a deed in which the notary's spouse is the buyer.
What should the notary do?