NSA Notarial Acts in Signings 3 — Questions and Answers
Question 1: A signer wants to use a nickname on loan documents instead of their full legal name. What should the NSA do?
- Allow it if the lender has approved the use of that name
- Require the signer to use their full legal name as it appears on the ID (Correct answer)
- Accept any name the signer prefers, as it is their right
- Use both names in the notarial certificate separated by 'aka'
Correct 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.
Question 2: Which of the following best describes 'personal appearance' as required for notarial acts?
- The signer submits documents by mail with a copy of their ID
- The signer is physically present before the notary at the time of notarization (Correct answer)
- The signer appears via live video call with the notary
- The signer's attorney appears on the signer's behalf
Correct 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.
Question 3: What is the NSA's responsibility if a signer appears to be under duress during a loan signing?
- Complete the signing quickly to avoid escalating the situation
- Ignore it, as emotional distress is common at closings
- Stop the signing and report concerns to the title company or lender (Correct answer)
- Ask the person causing the duress to leave the room temporarily
Correct 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.
Question 4: What should an NSA do if a document requires notarization but has no notarial certificate wording?
- Add the appropriate certificate wording based on the type of document
- Notarize it anyway and note the absence of wording in the journal
- Ask the signer which type of notarial act they want
- Return the document to the lender for proper certificate wording (Correct answer)
Correct 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.
Question 5: 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?
- State A, because that is where the NSA is commissioned
- State B, where the notarial act is being performed (Correct answer)
- Federal law, which supersedes both state laws
- The state named in the loan documents
Correct 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.
Question 6: When notarizing multiple documents at a single loan closing, how should the NSA handle journal entries?
- Make one combined journal entry for all documents signed at the same appointment
- Record each notarized document as a separate journal entry (Correct answer)
- Record only the most important document such as the Deed of Trust
- No journal is required when all documents are part of the same transaction
Correct 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.
Question 7: A borrower at a signing is visually impaired. What step must the NSA take before proceeding?
- Read every document aloud in full before notarizing
- Confirm the signer is still competent and willing to sign the documents (Correct answer)
- Obtain a power of attorney from the borrower's next of kin
- Require a witness to be present for all signatures
Correct 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.
NSA Notarial Acts in Signings 3
A signer wants to use a nickname on loan documents instead of their full legal name.
What should the NSA do?