NSA Notarial Procedures 2 — Questions and Answers
Question 1: A signer presents a passport that expired 6 months ago as identification. What should the notary do?
- Accept it because the photo and personal data are still valid
- Reject it and require a currently valid government-issued ID (Correct answer)
- Accept it only if the signer provides a secondary document
- Contact the issuing agency to verify the passport
Correct answer: Reject it and require a currently valid government-issued ID
Notaries must require currently valid, unexpired government-issued photo identification at the time of notarization.
Question 2: When completing a jurat, the notary must ensure the signer:
- Signed the document before appearing before the notary
- Personally appears AND signs or acknowledges the signature in the notary's presence
- Only swears or affirms the document's contents are true (Correct answer)
- Mails the signed document to the notary for stamping
Correct answer: Only swears or affirms the document's contents are true
A jurat requires the signer to swear or affirm under oath that the document's contents are true, in the notary's presence.
Question 3: Which situation would require the notary to refuse to notarize a document?
- The document is written in a foreign language the notary cannot read
- The signer is an elderly person assisted by a family member
- The document contains blank spaces that have not been filled in (Correct answer)
- The signer's middle name is abbreviated on the ID
Correct answer: The document contains blank spaces that have not been filled in
Notaries must refuse to notarize documents containing unfilled blank spaces, as blanks could later be filled with unauthorized content.
Question 4: In a loan signing, the Right of Rescission gives borrowers how many business days to cancel a refinance transaction?
- 1 business day
- 3 business days (Correct answer)
- 5 business days
- 7 business days
Correct answer: 3 business days
Federal law under TILA grants borrowers 3 business days to rescind a refinance loan on their primary residence.
Question 5: A notary's journal entry should be completed:
- After the notarized document has been returned to the lender
- At the time of notarization, not later (Correct answer)
- Within 24 hours of the notarial act
- Only when the notary's state law specifically requires a journal
Correct answer: At the time of notarization, not later
Journal entries should be made contemporaneously at the time of the notarial act to ensure accuracy.
Question 6: Which document in a loan package describes the annual percentage rate, finance charge, and total payments over the life of the loan?
- Promissory Note
- Deed of Trust
- Truth in Lending Disclosure (TIL) (Correct answer)
- Notice of Right to Cancel
Correct answer: Truth in Lending Disclosure (TIL)
The Truth in Lending Disclosure (TIL) is a federal form that discloses the APR, finance charge, and total payment amounts to the borrower.
Question 7: A credible witness may be used when a signer:
- Does not speak English fluently
- Lacks acceptable identification but is personally known to the notary or to two credible witnesses (Correct answer)
- Has an expired driver's license
- Is signing on behalf of a corporation
Correct answer: Lacks acceptable identification but is personally known to the notary or to two credible witnesses
A credible witness can vouch for a signer's identity when the signer lacks acceptable ID documents and is personally known to the witness.
NSA Notarial Procedures 2
A signer presents a passport that expired 6 months ago as identification.
What should the notary do?