Legal & Ethical Standards Flashcards
7 cards from real NSA practice questions. Tap to flip, then mark Knew It or Still Learning โ missed cards come back until you master them.
Read the first 7 Legal & Ethical Standards flashcards as text
After completing a loan signing, the NSA realizes a signature page was missed. The lender emails a copy and asks the NSA to have the borrower sign it at home. What is the correct procedure?
Answer: The NSA must arrange a new in-person appointment to obtain the signature and re-notarize properly
Each notarized signature requires the signer's personal appearance before the notary at the time of notarization; backdating or skipping appearance is improper.
Which of the following best describes the NSA's duty of impartiality?
Answer: The NSA must serve all parties fairly and must not advocate for any party's interests
Impartiality means the NSA has no personal interest in the outcome and must treat all parties fairly without taking sides.
A borrower signs a document but then crosses out a clause and initials it. The NSA should:
Answer: Refuse to notarize it and inform the lender so a corrected document can be provided
Alterations to loan documents after preparation are unacceptable; the NSA should stop and contact the lender to provide a corrected document.
State notary law requires that the NSA use a specific notarial wording for an acknowledgment. The title company's form uses different wording. The NSA should:
Answer: Use the state-required wording, even if it means modifying the certificate
Notarial certificates must comply with state law; state statutory wording takes precedence over a client's preferred form.
An NSA is offered a large bonus by a mortgage broker for every loan that closes without the borrower exercising the right of rescission. Accepting this bonus would:
Answer: Create an illegal kickback arrangement and a serious conflict of interest
Accepting compensation contingent on the borrower not rescinding creates a kickback arrangement that violates RESPA and compromises the NSA's impartiality.
The Right of Rescission under the Truth-in-Lending Act gives borrowers on certain refinance transactions how many business days to cancel?
Answer: 3 business days
TILA's Regulation Z provides a three-business-day right of rescission for refinances of a principal dwelling.
An NSA who is also a licensed real estate agent is asked to notarize a deed for a property in which the agent has a listing commission. The NSA should:
Answer: Decline to notarize because of the direct financial interest in the transaction
A notary with a direct financial interest in the transaction is disqualified from notarizing that document in most states.