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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
  1. An NSA's notarial journal is subpoenaed in a fraud investigation. The NSA should:

    Answer: Comply with the subpoena and provide the journal as required by law

    A subpoena is a lawful court order; the NSA must comply and produce the journal, as destruction would constitute obstruction of justice.

  2. Which of the following is an example of an NSA exceeding their authorized scope?

    Answer: Explaining to the borrower that the prepayment penalty clause means they could owe a fee if they pay off the loan early

    Explaining the legal effect or financial implication of a clause is legal advice and is outside the NSA's authorized scope.

  3. A borrower has a cognitive impairment and does not appear to understand the documents. The NSA should:

    Answer: Halt the signing and report concerns to the title company or lender

    A signer must be competent and willing; if the NSA doubts competency, they must stop and escalate rather than proceed.

  4. Which action by an NSA could constitute wire fraud?

    Answer: Falsifying a notarial certificate that is then transmitted electronically to the lender

    Transmitting a false notarial certificate electronically as part of a scheme to defraud can constitute wire fraud under 18 U.S.C. § 1343.

  5. An NSA is presented with a Power of Attorney (POA) allowing one person to sign on another's behalf. The NSA should verify that the POA:

    Answer: Is valid, specifically authorizes the transaction type, and has not been revoked

    Before accepting a POA, the NSA must confirm it is current, duly executed, covers the specific transaction, and has not been revoked.

  6. What is the consequence for an NSA who charges a notarial fee above the state's maximum allowed fee?

    Answer: The NSA may face disciplinary action, fines, or suspension of notarial commission

    States set maximum notarial fees by statute; charging above the limit can result in regulatory discipline, fines, or loss of commission.

  7. An NSA is asked to notarize a document in a language they cannot read. They should:

    Answer: Refuse unless they can verify the document type and the notarial act requested is clear

    While notaries do not have to read every word, they must be able to identify the document type and understand what notarial act is being requested before proceeding.