NSA - Notary Signing Agent Notarial Acts in Signings Questions and Answers 1 — Questions and Answers
Question 1: A borrower is signing an affidavit which includes a pre-printed notarial certificate. The certificate language states that the signer personally appeared and was 'sworn to or affirmed' before the notary. Which notarial act must the Notary Signing Agent perform?
- Acknowledgment
- Jurat (Correct answer)
- Certified Copy
- Proof of Execution
Correct answer: Jurat
A jurat is the notarial act where the signer must swear or affirm under penalty of perjury that the contents of the document are true and correct. The key phrase 'sworn to or affirmed' specifically indicates that a jurat is required, which also necessitates that the document be signed in the notary's presence.
Question 2: A Notary Signing Agent is conducting a signing in Clark County, Nevada. The Deed of Trust has a pre-printed notarial certificate with the venue listed as 'State of Arizona, County of Maricopa.' What is the appropriate action for the NSA to take?
- Attach a new, loose certificate with the correct venue.
- Refuse to notarize the document until the title company provides a corrected version.
- Line through 'State of Arizona, County of Maricopa,' write in 'State of Nevada, County of Clark,' and initial the change. (Correct answer)
- Proceed with the notarization, as the property is located in Arizona.
Correct answer: Line through 'State of Arizona, County of Maricopa,' write in 'State of Nevada, County of Clark,' and initial the change.
The venue on a notarial certificate must always reflect the actual physical location where the notarization takes place. It is standard and acceptable practice to correct the venue by neatly lining through the incorrect information, writing in the correct state and county, and initialing the correction.
Question 3: When completing a notarial journal for a loan signing with multiple notarized documents, which of the following is a critical component that must be recorded for EACH individual notarial act performed?
- The loan number and the lender's name.
- The type of notarial act (e.g., Acknowledgment) and the title of the document being notarized. (Correct answer)
- The signer's mailing address and phone number.
- A single entry for the entire loan package to save time.
Correct answer: The type of notarial act (e.g., Acknowledgment) and the title of the document being notarized.
While state requirements vary, a fundamental best practice and common legal requirement is to create a separate journal entry for each notarial act. Each entry must clearly identify the act performed (e.g., Acknowledgment or Jurat) and the title of the document it pertains to (e.g., Deed of Trust).
Question 4: During a signing, an elderly borrower seems hesitant and says, 'I'm only signing this because my nephew said it will help him, but I'm not sure what it all means.' This statement should cause the NSA to question which essential element of the notarial act?
- The signer's identity.
- The validity of the notarial certificate.
- The signer's willingness and awareness. (Correct answer)
- The date of the document.
Correct answer: The signer's willingness and awareness.
A core responsibility of a notary is to ensure that the signer is acting willingly, without coercion, and appears to comprehend the general nature of the document they are signing. The borrower's statement raises a serious red flag about their willingness and awareness, and the notary should pause the signing to address this concern.
Question 5: A borrower calls an NSA for a loan signing. Upon arrival, the NSA finds that one of the two borrowers is not present. The borrower who is present has the absent spouse's signed documents and driver's license. What is the NSA's proper course of action for the absent signer's documents?
- Notarize the signature after verifying the ID and receiving assurance from the present spouse.
- Refuse to notarize the signature of the person who is not physically present. (Correct answer)
- Take the documents to the absent spouse's workplace to get the signature notarized later.
- Videoconference the absent spouse on a smartphone to confirm their identity and consent.
Correct answer: Refuse to notarize the signature of the person who is not physically present.
The requirement for personal, physical appearance is a non-negotiable cornerstone of traditional notarization. A notary cannot notarize a signature unless the signer is physically present at the time of the act. Proceeding otherwise is a serious violation of notarial law and can result in severe penalties.
Question 6: To properly complete a jurat for an affidavit, which of the following is a mandatory step for the Notary Signing Agent to perform?
- Explain the legal implications of the affidavit to the signer.
- Administer a verbal oath or affirmation to the signer. (Correct answer)
- Ensure the signer has already signed the document before the appointment.
- Verify the signer's address against a utility bill.
Correct answer: Administer a verbal oath or affirmation to the signer.
Unlike an acknowledgment, a jurat requires the notary to administer a verbal oath or affirmation to the signer, compelling them to attest to the truthfulness of the document's contents. The notary must also witness the signer signing the document.
NSA - Notary Signing Agent Notarial Acts in Signings Questions and Answers 1
A borrower is signing an affidavit which includes a pre-printed notarial certificate.
The certificate language states that the signer personally appeared and was 'sworn to or affirmed' before the notary.
Which notarial act must the Notary Signing Agent perform?