NSA - Notary Signing Agent Notarial Acts in Signings Questions and Answers 1

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?

Accepted Answer

Jurat

Answer

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?

Accepted Answer

Line through 'State of Arizona, County of Maricopa,' write in 'State of Nevada, County of Clark,' and initial the change.

Answer

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?

Accepted Answer

The type of notarial act (e.g., Acknowledgment) and the title of the document being notarized.

Answer

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?

Accepted Answer

The signer's willingness and awareness.

Answer

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?

Accepted Answer

Refuse to notarize the signature of the person who is not physically present.

Answer

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.

(NSA) Notary Signing Agent Certification Practice Test

(NSA) Notary Signing Agent Certification Practice Test

NSA - Notary Signing Agent Notarial Acts in Signings Questions and Answers 1