Notarial Acts in Signings Flashcards

A borrower presents an expired state ID at a loan signing. What must the NSA do?

Answer: Refuse to proceed and ask for a valid, unexpired ID

Notaries must verify signer identity using current, unexpired government-issued ID; expired identification is not acceptable.

Which notarial act requires the signer to personally appear AND make an oath or affirmation about the truthfulness of a document's contents?

Answer: Jurat

A jurat requires the signer to personally appear, sign in the notary's presence, and swear or affirm the contents are true.

When completing a jurat, at what point must the signer sign the document?

Answer: In the notary's physical presence during the notarial act

A jurat requires the signer to sign in the notary's presence as part of the act, distinguishing it from an acknowledgment.

An NSA is asked to notarize a document where the notarial certificate wording says 'subscribed and sworn before me.' Which act does this language indicate?

Answer: Jurat

'Subscribed and sworn before me' is the standard language indicating a jurat notarial act.

A signer has a physical disability and cannot hold a pen. What is the proper procedure in most states?

Answer: Another person may sign at the signer's direction in the notary's presence

Most states allow a signature by proxy when the signer directs another person to sign on their behalf in the notary's presence.

What is the purpose of an acknowledgment in a real estate loan signing?

Answer: To confirm the signer willingly executed the document and is who they claim to be

An acknowledgment confirms the signer personally appeared, was identified, and voluntarily signed the document.

Which scenario would require the NSA to stop a signing immediately?

Answer: The borrower's identification does not match the name on the loan documents

If the signer's ID does not match the name on the documents, the NSA cannot verify identity and must stop the signing.