Legal & Ethical Standards Flashcards
7 cards from real NSA practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 7 Legal & Ethical Standards flashcards as text
A borrower asks the NSA to notarize a document without the borrower being physically present. What must the NSA do?
Answer: Refuse unless the state specifically authorizes Remote Online Notarization (RON)
Traditional notarization requires personal appearance; RON is only permitted in states that have enacted enabling legislation.
Which federal law most directly governs the handling of nonpublic personal information obtained during a loan closing?
Answer: Gramm-Leach-Bliley Act (GLBA)
The Gramm-Leach-Bliley Act requires financial institutions—and service providers like NSAs—to protect consumers' nonpublic personal information.
An NSA discovers mid-signing that the loan APR disclosed in the Truth-in-Lending statement differs from the rate the borrower expected. The NSA should:
Answer: Stop the signing and contact the lender or title company for guidance
An NSA must not alter documents; when a material discrepancy is found, the proper step is to halt and notify the responsible party.
Under the NNA Code of Professional Responsibility, an NSA must avoid any action that creates a conflict of interest. Which scenario represents a conflict of interest?
Answer: Owning stock in the lender whose loans you close
Owning a financial stake in a lender creates a direct conflict because the NSA could benefit from completing the signing regardless of borrower concerns.
A borrower who is deaf requests that a family member interpret during the notarization. The NSA should:
Answer: Allow it and note the interpreter's presence in the journal
An NSA may allow a voluntary interpreter while recording the interpreter's presence in the notarial journal to document the circumstances.
What is the primary reason NSAs are prohibited from giving legal advice about loan documents?
Answer: Providing legal advice without a license constitutes unauthorized practice of law (UPL)
Explaining the legal effect of a document or recommending a course of action crosses into legal advice, which is UPL for non-attorneys.
An NSA signs a notarial certificate stating the borrower personally appeared and was identified, but the borrower actually appeared via RON in a non-RON state. This constitutes:
Answer: Notarial misconduct and potentially false certification
Falsely certifying personal appearance when it did not legally occur is notarial misconduct and can constitute a criminal false statement.