NE Notary - Nebraska Notary Notarial Acts and Procedures Questions and Answers 1 — Questions and Answers
Question 1: A client brings you a real estate deed that they have already signed at home. They present proper identification and declare that the signature on the document is their own and that they signed it willingly. Which notarial act is appropriate in this situation?
- Jurat
- Acknowledgment (Correct answer)
- Copy Certification
- Administering an Oath
Correct answer: Acknowledgment
An acknowledgment is the proper notarial act when a signer personally appears before the notary and declares that they have willingly signed a document for its intended purpose. The signature does not need to be made in the notary's presence for an acknowledgment, whereas for a jurat, the document must be signed in the notary's presence.
Question 2: When performing a jurat in Nebraska, which of the following is a mandatory step for the notary public?
- Making a certified copy of the signed document.
- Advising the signer on the legal implications of the document.
- Administering an oath or affirmation to the signer and witnessing them sign the document. (Correct answer)
- Recording the transaction in a state-maintained database.
Correct answer: Administering an oath or affirmation to the signer and witnessing them sign the document.
The primary purpose of a jurat is for a signer to swear or affirm to the truthfulness of the contents of a document. This requires the notary to administer an oath or affirmation and to witness the document being signed in their presence.
Question 3: A Nebraska notary is asked to notarize the signature of their spouse on a loan document. Which of the following is the correct procedure?
- Proceed with the notarization as long as the spouse provides valid identification.
- Notarize the document but make a special note in the journal about the relationship.
- Refuse to notarize the signature. (Correct answer)
- Ask another notary in the office to complete the notarization while they observe.
Correct answer: Refuse to notarize the signature.
Nebraska law prohibits a notary public from performing a notarial act for their spouse or other immediate family members. This is to ensure the notary remains a disinterested party to the transaction.
Question 4: Which of the following elements are all required to be included on a Nebraska notary public's official ink stamp seal?
- The notary's name, county of residence, and commission ID number.
- The notary's name, the words "Notary Public," and the date the commission was issued.
- The words "State of Nebraska," the notary's commissioned name, the words "General Notary," and the commission expiration date. (Correct answer)
- The Great Seal of the State of Nebraska, the notary's signature, and the county of commission.
Correct answer: The words "State of Nebraska," the notary's commissioned name, the words "General Notary," and the commission expiration date.
According to Nebraska law, the official ink stamp seal must contain four specific elements: "State of Nebraska," "General Notary" or "General Notarial," the notary's name as it appears on their commission, and the commission's expiration date.
Question 5: An individual is physically unable to sign their name but can make a mark. To notarize their signature by mark, what must a Nebraska notary ensure happens?
- The individual makes their mark, and the notary signs the individual's name for them.
- The mark is affixed in the presence of the notary and two unaffected witnesses who also sign their names beside the mark. (Correct answer)
- The individual provides a doctor's note verifying their inability to sign.
- The notary takes a thumbprint from the individual in the notary journal next to the entry.
Correct answer: The mark is affixed in the presence of the notary and two unaffected witnesses who also sign their names beside the mark.
Nebraska statute §64-105.02 outlines the specific procedure for a signature by mark. It requires the mark to be made in the presence of the notary and two witnesses who are not affected by the document. These witnesses must then sign their own names beside the mark.
Question 6: Although maintaining a notary journal is not legally required in Nebraska, the Secretary of State strongly recommends it. If a notary chooses to keep a journal, which of the following pieces of information is recommended for each entry?
- The signer's social security number and date of birth.
- A photocopy of the document that was notarized.
- The date of the notarial act, type of act, description of the document, and the signer's name and signature. (Correct answer)
- The location where the document was drafted and the name of the drafting attorney.
Correct answer: The date of the notarial act, type of act, description of the document, and the signer's name and signature.
The Nebraska Secretary of State recommends that a journal entry include the date and time of the notarization, the type of notarial act, a description of the document, the name, address, and signature of the person for whom the act was performed, and how they were identified.
NE Notary - Nebraska Notary Notarial Acts and Procedures Questions and Answers 1
A client brings you a real estate deed that they have already signed at home.
They present proper identification and declare that the signature on the document is their own and that they signed it willingly.
Which notarial act is appropriate in this situation?