Notarial Procedures Flashcards
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Read the first 7 Notarial Procedures flashcards as text
A principal signer who cannot physically sign due to a disability may:
Answer: Direct another person to sign on their behalf in the notary's presence, per state law
Most states allow a signer to direct another person (signature by mark or proxy) to sign on their behalf in the notary's presence, following state-specific procedures.
The Promissory Note in a mortgage closing is important because it:
Answer: Is the borrower's written promise to repay the loan under specified terms
The Promissory Note is the borrower's legal, written promise to repay the mortgage loan according to its stated terms and interest rate.
Under RESPA, a Good Faith Estimate was replaced by which document?
Answer: The Loan Estimate
The TRID rule replaced the Good Faith Estimate with the Loan Estimate, which must be provided within 3 business days of a loan application.
A notary should maintain their journal for a minimum period after the notarial act because:
Answer: It serves as evidence in case the notarization is later challenged or disputed
Notary journals provide a contemporaneous record of notarial acts that can serve as evidence if a notarization is ever questioned or disputed in court.
Which statement about notarizing documents for a person signing in a representative capacity (e.g., as a corporate officer) is correct?
Answer: The notary only verifies the signer's personal identity, not their authority
Notaries verify the identity of the person signing, not their authority or legal capacity to act in a representative role — that is the lender's or attorney's responsibility.
The Affiliated Business Arrangement (AfBA) disclosure in a real estate closing informs the borrower about:
Answer: Business relationships between the settlement service providers and the lender
The AfBA disclosure, required under RESPA, informs borrowers when the lender or real estate agent has a business relationship with other settlement service providers.
If a signer appears to be under duress or coerced during a loan signing, the notary should:
Answer: Pause the signing, speak privately with the signer, and refuse to notarize if duress is confirmed
A notarial act requires a signer's free and voluntary consent — if duress is suspected, the notary must stop, assess the situation privately, and refuse if necessary.