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Questions and Answers
According to the guidelines for recording journal entries, what information is NOT explicitly required when a notary public uses a single credible witness for identification?
According to the guidelines for recording journal entries, what information is NOT explicitly required when a notary public uses a single credible witness for identification?
- The credible witness's date of birth. (correct)
- The serial number on the credible witness’s identification document.
- The type of identification document presented by the credible witness.
- The signature of the credible witness.
A notary performs an acknowledgment on a grant deed and a jurat on an affidavit from the same person. How should these be recorded in the notary's journal?
A notary performs an acknowledgment on a grant deed and a jurat on an affidavit from the same person. How should these be recorded in the notary's journal?
- Two separate line items, one for the 'grant deed' acknowledgment and one for the 'affidavit' jurat, each with its own fee. (correct)
- A single entry noting the total amount of documents notarized.
- One line item describing 'legal documents' with total fees for both acts.
- One line item describing 'grant deed' and 'affidavit' with a single fee.
What action must a notary take if a signer is unable to provide a right thumbprint for a document requiring it?
What action must a notary take if a signer is unable to provide a right thumbprint for a document requiring it?
- Refuse to notarize the document.
- Note that the thumbprint is unavailable and proceed without further action.
- Have another person provide a thumbprint on behalf of the signer.
- Have the signer use their left thumbprint or any available finger and record which was used. (correct)
Which of the following practices is recommended for a notary public when recording the type of notarial act in their journal?
Which of the following practices is recommended for a notary public when recording the type of notarial act in their journal?
A notary charges for travel expenses in addition to the notarial act fee. How should these charges be recorded in the journal?
A notary charges for travel expenses in addition to the notarial act fee. How should these charges be recorded in the journal?
When is a thumbprint NOT required to be recorded in the notary journal for real property documents?
When is a thumbprint NOT required to be recorded in the notary journal for real property documents?
What is the legal consequence if a notary public willfully fails to properly maintain their notarial journal?
What is the legal consequence if a notary public willfully fails to properly maintain their notarial journal?
What information about the identification document must be recorded in the notary journal if it is used as 'satisfactory evidence'?
What information about the identification document must be recorded in the notary journal if it is used as 'satisfactory evidence'?
A notary needs to make a journal entry. Which information about the notarial service is insufficient on its own?
A notary needs to make a journal entry. Which information about the notarial service is insufficient on its own?
When using two credible witnesses to establish identity, what specific information about the witnesses must the notary record?
When using two credible witnesses to establish identity, what specific information about the witnesses must the notary record?
A notary is asked to notarize a signature on a 'stack of closing documents'. How should the 'character of the instrument' be recorded?
A notary is asked to notarize a signature on a 'stack of closing documents'. How should the 'character of the instrument' be recorded?
Why is it important for a notary to maintain a full and complete journal entry for each notarial act?
Why is it important for a notary to maintain a full and complete journal entry for each notarial act?
Besides the fee charged, what other information regarding fees can a notary public include in the journal?
Besides the fee charged, what other information regarding fees can a notary public include in the journal?
What must a notary public do if a party signing a document affecting real property is physically unable to provide a thumbprint for the journal?
What must a notary public do if a party signing a document affecting real property is physically unable to provide a thumbprint for the journal?
When recording the time of a notarial service in the journal, what is the requirement?
When recording the time of a notarial service in the journal, what is the requirement?
Flashcards
Journal Entry Timing
Journal Entry Timing
Official acts must be recorded sequentially in an active journal at the time of the notarial act.
Required Journal Information
Required Journal Information
Date and time, type of notarial act, character of the instrument, signature of each person, statement of satisfactory evidence, identification details (if applicable), fee charged and thumbprint (if applicable).
Character of Instrument
Character of Instrument
The type or kind of document on which the signature is notarized (e.g., grant deed).
Recording ID Details
Recording ID Details
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Single Credible Witness
Single Credible Witness
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Two Credible Witnesses
Two Credible Witnesses
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Journal Fee Recording
Journal Fee Recording
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Thumbprint Requirement
Thumbprint Requirement
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Alternative Fingerprint
Alternative Fingerprint
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No Thumbprint
No Thumbprint
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Thumbprint Exceptions
Thumbprint Exceptions
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Misdemeanor Violation
Misdemeanor Violation
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Study Notes
- Official acts performed by a notary public must be recorded sequentially in the active journal at the time of the act.
- Willfully failing to properly maintain the notarial journal is a misdemeanor.
Required Journal Information
- The date and time the notarial service was performed is required.
- The type of notarial act performed must be recorded, such as proof of execution, acknowledgment, or jurat.
- To avoid confusion, the type of act should not be abbreviated.
- The "character of every instrument" is the kind/type of document with the notarized signature.
- If multiple documents are notarized, the title/character of each document must be recorded on a separate line.
- Do not use shorthand to describe documents.
- The signature of each person whose signature is being notarized is required.
- A statement confirming satisfactory evidence of identity was obtained is mandated for acknowledgments, jurats, and proofs of execution.
- Details of the Identification Document is required if used to verify identity
Forms of acceptable Identity verification:
- If identification document is used, notary must record the type of document, issuing agency, serial/identifying number, and issue/expiration date.
- If a single credible witness is used, the journal must contain the witness's signature or identification document details (type, issuing agency, serial/identifying number, and issue/expiration date).
- Best practice: Obtain both the signature and identification document details of a single credible witness.
- If two credible witnesses are used, the journal must contain the signatures and identification document details (type, issuing agency, serial number, and issue/expiration date) for both witnesses.
Fees and Documentation
- The fee charged for the notarial act must be indicated; if no fee, record "0".
- Additional charges (travel, etc.) can be itemized in the "additional information" or "comments" column.
- For deeds, quitclaim deeds, deeds of trust, other property documents, or powers of attorney, the signing party's right thumbprint must be recorded.
- If the right thumbprint is unavailable, use the left thumbprint or any available finger, noting which was used.
- If the party is physically unable to provide a thumbprint/fingerprint, record this fact and explain the person's physical condition.
- Thumbprints are not required for trustee’s deeds for a decree of foreclosure or a nonjudicial foreclosure, or a deed of reconveyance.
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