Notarial Acts in Signings Flashcards

A borrower presents an expired state ID at a loan signing. What must the NSA do?

Answer: Refuse to proceed and ask for a valid, unexpired ID

Notaries must verify signer identity using current, unexpired government-issued ID; expired identification is not acceptable.

Which notarial act requires the signer to personally appear AND make an oath or affirmation about the truthfulness of a document's contents?

Answer: Jurat

A jurat requires the signer to personally appear, sign in the notary's presence, and swear or affirm the contents are true.

When completing a jurat, at what point must the signer sign the document?

Answer: In the notary's physical presence during the notarial act

A jurat requires the signer to sign in the notary's presence as part of the act, distinguishing it from an acknowledgment.

An NSA is asked to notarize a document where the notarial certificate wording says 'subscribed and sworn before me.' Which act does this language indicate?

Answer: Jurat

'Subscribed and sworn before me' is the standard language indicating a jurat notarial act.

A signer has a physical disability and cannot hold a pen. What is the proper procedure in most states?

Answer: Another person may sign at the signer's direction in the notary's presence

Most states allow a signature by proxy when the signer directs another person to sign on their behalf in the notary's presence.

What is the purpose of an acknowledgment in a real estate loan signing?

Answer: To confirm the signer willingly executed the document and is who they claim to be

An acknowledgment confirms the signer personally appeared, was identified, and voluntarily signed the document.

Which scenario would require the NSA to stop a signing immediately?

Answer: The borrower's identification does not match the name on the loan documents

If the signer's ID does not match the name on the documents, the NSA cannot verify identity and must stop the signing.

A signer wants to use a nickname on loan documents instead of their full legal name. What should the NSA do?

Answer: Require the signer to use their full legal name as it appears on the ID

Notaries must notarize documents using the signer's name as it appears on their government-issued identification.

Which of the following best describes 'personal appearance' as required for notarial acts?

Answer: The signer is physically present before the notary at the time of notarization

Traditional notarial acts require the signer to be physically present before the notary unless Remote Online Notarization (RON) is specifically authorized by state law.

What is the NSA's responsibility if a signer appears to be under duress during a loan signing?

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

A signer under duress cannot sign willingly, which is a prerequisite for a valid notarial act; the NSA must halt and notify the appropriate parties.

What should an NSA do if a document requires notarization but has no notarial certificate wording?

Answer: Return the document to the lender for proper certificate wording

NSAs should not select or add certificate wording without authorization; documents should be returned to the lender to add the proper certificate language.

An NSA's notary commission is for State A, but a signing takes place in State B. Which state's laws govern the notarial act?

Answer: State B, where the notarial act is being performed

Notarial acts are governed by the laws of the state where the act is performed, regardless of where the notary is commissioned.

When notarizing multiple documents at a single loan closing, how should the NSA handle journal entries?

Answer: Record each notarized document as a separate journal entry

Best practice and many state laws require a separate journal entry for each notarized document, even within the same appointment.

A borrower at a signing is visually impaired. What step must the NSA take before proceeding?

Answer: Confirm the signer is still competent and willing to sign the documents

Visual impairment does not affect legal competency; the NSA must confirm willingness and understanding before proceeding with notarization.

What does the term 'venue' refer to in a notarial certificate?

Answer: The state and county where the notarial act was performed

The venue on a notarial certificate is the statement of the state and county where the notarial act took place.

A credible witness can be used to identify a signer when the signer lacks acceptable ID. Which of the following is a requirement of the credible witness?

Answer: The witness must personally know the signer and be known to the notary

A credible witness must personally know the signer and either be personally known to the notary or provide their own satisfactory ID.

At a refinance signing, the borrower states they signed the mortgage early without the notary present. What must the NSA do?

Answer: For an acknowledgment, this is acceptable as the signer can acknowledge a prior signature

An acknowledgment does not require the signer to sign in the notary's presence; the signer only acknowledges that they signed the document voluntarily.

Which of the following notarial acts would be MOST appropriate for a Signature Affidavit?

Answer: Jurat

A Signature Affidavit is a sworn statement and therefore requires a jurat, which includes an oath or affirmation.

What must an NSA do if a signer wishes to sign with a mark (e.g., an 'X') instead of a full signature?

Answer: Follow the state's specific procedures, which often require one or two witnesses

Most states permit signatures by mark but require specific witnessing procedures that the NSA must follow.

An NSA discovers a blank space in a notarial certificate after completing a notarization. What is the correct action?

Answer: Draw a line through the blank to prevent fraudulent additions

NSAs should draw a line through any blank spaces in a completed notarial certificate to prevent unauthorized alterations.