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Notary Terms
Notary terms for class
48
Law
Professional
12/19/2013

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Term
ACKNOWLEDGEMENT
Definition
A formal declaration before a duly authorized officer by a person who has executed an instrument that such execution is his act and deed. The purpose of an Acknowledgement is to act as sufficient proof that the instrument in question was in fact executed.
Term
ADMINISTRATOR
Definition
A person appointed by the court to manage the estate of a deceased person who left no will.
Term
AFFIANT
Definition
The person who makes and subscribes his signature to an affidavit.
Term
AFFIDAVIT
Definition
A signed statement, duly sworn to, by the maker thereof, before a notary public or other officer authorized to administer oaths.
Term
AFFIRMATION
Definition
A solemn declaration made by persons who conscientiously decline taking an oath; equivalent to an oath and just as binding.
Term
APOSTILE
Definition
Department of State authentication attached to a notarized and county-certified document for possible international use.
Term
ATTEST
Definition
To witness the execution of a written instrument, at the request of the person who makes it, and subscribe the same as a witness.
Term
ATTESTATION CLAUSE
Definition
That clause wherein the witnesses certify that the instrument has been executed before them, and the manner of the execution of the same.
Term
AUTHENTICATION (NOTARIAL)
Definition
A certificate subjoined by a county clerk to any certificate of proof or acknowledgment or oath signed by a notary.
Term
BILL OF SALE
Definition
A written instrument given to pass title of personal property from vendor to vendee.
Term
CERTIFIED COPY
Definition
A copy of a public record signed and certified as a true copy by the public official having custody of the original.
Term
CHATTEL
Definition
personal property, such as household goods or fixtures
Term
CHATTEL PAPER
Definition
A writing or writings which evidence both an obligation to pay money and a security interest in a lease or specific goods.
Term
CODICIL
Definition
An instrument made subsequent to a will and modifying it in some respects.
Term
CONSIDERATION
Definition
Anything of value given to induce entering into a contract; it may be money, personal services, or even love and affection.
Term
CONTEMPT OF COURT
Definition
Behavior disrespectful of the authority of a court which disrupts the execution of court orders.
Term
CONTRACT
Definition
An agreement between competent parties to do or not to do certain things for a legal consideration, whereby each party acquires a right to what the other possesses.
Term
CONVEYANCE (DEED)
Definition
Every instrument, in writing, except a will, by which any estate or interest in real property is created, transferred, assigned or surrendered.
Term
DEPONENT
Definition
One who makes oath to a written statement. Technically, a person subscribing a deposition but used interchangeably with "Affiant".
Term
DEPOSITION
Definition
The testimony of a witness taken out of court or other hearing proceeding, under oath or by affirmation, before a notary public or other person, officer or commissioner before whom such testimony i authorized by law to be taken, which is intended to be used at the trial or hearing.
Term
DURESS
Definition
Unlawful constraint exercised upon a person whereby he is forced to do some act against his will.
Term
ESCROW
Definition
The placing of an instrument in the hands of a person as a depository who on the happening of a designated event, is to deliver the instrument to a third person. This agreement, once established, should be unalterable.
Term
EXECUTOR
Definition
One named in a will to carry out the provisions of the will.
Term
EX PARTE
Definition
A hearing or examination in the presence of, or on papers filed by, one party and in the absence of the other.
Term
FELONY
Definition
A crime punishable by death or imprisonment in a state prison.
Term
GUARDIAN
Definition
A person in charge of a minor's person or property.
Term
JUDGMENT
Definition
Decree of a court declaring that one individual is indebted to another and fixing the amount of such indebtedness.
Term
JURAT
Definition
A jurat is that part of an affidavit where the officer (notary public) certifies that it was sworn to before him. It is not the affidavit.
Term
LACHES
Definition
The delay or negligence in asserting one's legal rights.
Term
LEASE
Definition
A contract whereby, for a consideration, usually termed rent, one who is entitled to the possession of real property transfers such right to another for life, for a term of years or at will.
Term
LIEN
Definition
A legal right or claim upon a specific property which attaches to the property until a debt is satisfied.
Term
LITIGATION
Definition
The act of carrying on a lawsuit.
Term
MISDEMEANOR
Definition
Any crime other than a felony.
Term
MORTGAGE ON REAL PROPERTY
Definition
An instrument in writing, duly executed and delivered that creates a lien upon real estate as security for the payment of a specified debt, which is usually in the form of a bond.
Term
NOTARY PUBLIC
Definition
A public officer who executes acknowledgements of deeds or writings in order to render them available as evidence of the facts therein contained.
Term
OATH
Definition
A verbal pledge given by the person taking it that his statements are made under an immediate sense of this responsibility to God, who will punish the Affiant if the statements are false.
Term
PLAINTIFF
Definition
A person who starts a suit or brings action against another.
Term
POWER OF ATTORNEY
Definition
A written statement by an individual giving another person the power to act for him.
Term
PROOF
Definition
The formal declaration made by a subscribing witness to the execution of an instrument setting forth his place of residence, that he knew the person described in and who executed the instrument and that he saw such person execute such instrument.
Term
PROTEST
Definition
A formal statement in writing by a notary public, under seal, that a certain bill of exchange or promissory note was on a certain day presented for payment, acceptance, and that such payment or acceptance was refused.
Term
SIGNATURE OF A NOTARY PUBLIC
Definition
signature and notary stamp
Term
STATUTE
Definition
A law established by an act of the Legislature.
Term
STATUTE of FRAUDS
Definition
State law which provides that certain contracts must be in writing or partially complied with, in order to be enforceable at law.
Term
STATUTE OF LIMITATIONS
Definition
A law that limits the time within which a criminal prosecution or a civil action must be started.
Term
SUBORDINATION CLAUSE
Definition
A clause which permits the placing of a mortgage at a later date which takes priority over an existing mortgage.
Term
SWEAR
Definition
every mode authorized by law for administering an oath.
Term
TAKING AN ACKNOWLEDGMENT
Definition
The act of the person named in an instrument telling the notary public that he is the person named in the instrument and acknowledging that he executed such instrument.
Term
VENUE
Definition
The geographical place where a notary public takes an affidavit or acknowledgment.
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