ND Notary Common Notarial Documents 2 — Questions and Answers
Question 1: A signer presents a power of attorney document for notarization in North Dakota. What is the notary's primary responsibility?
- Verify the document grants valid legal authority
- Confirm the signer's identity and willingness to sign (Correct answer)
- Ensure the attorney-in-fact is present during notarization
- Review the document for completeness before notarizing
Correct answer: Confirm the signer's identity and willingness to sign
The notary's role is to verify the identity of the person signing and confirm they are signing willingly, not to assess the document's legal validity.
Question 2: Which of the following best describes a 'deed of trust' in the context of North Dakota notarizations?
- A document transferring personal property between family members
- A three-party instrument using real property as security for a loan (Correct answer)
- A court order directing a trustee to manage estate assets
- A notarial certificate confirming a borrower's creditworthiness
Correct answer: A three-party instrument using real property as security for a loan
A deed of trust involves a borrower, lender, and trustee, using real property as collateral for a loan obligation.
Question 3: When notarizing a quitclaim deed in North Dakota, the notary should ensure that:
- The grantor has clear title to the property being conveyed
- The grantee is present and signs the document
- The grantor personally appears and signs in the notary's presence (Correct answer)
- The county recorder has pre-approved the deed format
Correct answer: The grantor personally appears and signs in the notary's presence
For a quitclaim deed, the grantor must personally appear before the notary and sign the document in the notary's presence.
Question 4: A living trust document is brought for notarization. The trustor (creator) wants the notary to also certify the document is legally valid. The notary should:
- Certify validity since the notary has witnessed the signing
- Refuse, as notaries cannot provide legal opinions or certifications of validity (Correct answer)
- Request a copy of the trust to file with the state
- Require an attorney to co-sign the notarial certificate
Correct answer: Refuse, as notaries cannot provide legal opinions or certifications of validity
Notaries are not authorized to provide legal opinions or certify that a document is legally valid — that constitutes the unauthorized practice of law.
Question 5: Which document type requires a notary to administer an oath or affirmation to the signer in North Dakota?
- Warranty deed
- Affidavit (Correct answer)
- Bill of sale
- Lease agreement
Correct answer: Affidavit
An affidavit requires the notary to administer an oath or affirmation because the signer is swearing to the truthfulness of the document's contents.
Question 6: A North Dakota notary is asked to notarize a vehicle title transfer. The seller is present but the buyer is not. What should the notary do?
- Notarize only the seller's signature, which is the standard practice (Correct answer)
- Refuse until both parties are present
- Notarize the seller's signature only after verifying the buyer's information
- Decline because vehicle titles cannot be notarized in North Dakota
Correct answer: Notarize only the seller's signature, which is the standard practice
The notary only notarizes the signature of the person who appears before them — typically only the seller's signature is notarized on a vehicle title transfer.
Question 7: When a borrower signs a promissory note before a North Dakota notary, what type of notarial act is typically performed?
- Certification of a true copy
- Acknowledgment or jurat, depending on the document's requirements (Correct answer)
- Protest of a negotiable instrument
- Apostille certification
Correct answer: Acknowledgment or jurat, depending on the document's requirements
Promissory notes may require an acknowledgment or a jurat depending on the lender's requirements and how the document is drafted.
ND Notary Common Notarial Documents 2
A signer presents a power of attorney document for notarization in North Dakota.
What is the notary's primary responsibility?