Question 13
Domain 3: Powers and DutiesA New York notary is asked to notarize a deed acknowledgment for a signer who is on a phone call and says he already signed the deed earlier. The notary personally knows the signer’s identity and is also named in the deed as a party with a financial interest. Which factor by itself makes taking the acknowledgment improper under the source material?
Explanation
The acknowledgment would be improper because a notary should not take an acknowledgment to a legal instrument in which the notary is a party in interest. The source also states that acknowledgments taken over the telephone are illegal and that the signer must actually and personally appear before the notary on the date stated in the certificate, but the specific disqualification asked for is the notary’s interest in the instrument. The material further notes that it is not essential that the signer signed in the notary’s presence, so prior signing alone is not the problem.
ACK = Appear, Confirm identity, Keep out if you have an interest.