Notary
Notary glossary
48 notary and signing terms explained in plain English, each with a short example and links to the guides that go deeper.
A · B · C · D · E · F · G · H · J · K · L · M · N · O · P · Q · R · S · T · U · V · W
A
- Acknowledgment: A notarial act where the signer tells the notary that they signed the document willingly.
- Affidavit: A written statement of facts that the signer swears or affirms is true, usually notarized with a jurat.
- Apostille: A certificate that authenticates a public document for use in another country that belongs to the Hague Apostille Convention.
B
- Blank spaces in a document: Unfilled lines or fields in a document presented for notarization.
C
- Capacity: A signer's ability to understand what they are signing and its effect.
- Certified copy: A copy that an official custodian certifies as true to the original.
- Certified translation: A translation with a signed statement from the translator that it is complete and accurate.
- Closing Disclosure: A document that lists final loan terms and closing costs for a mortgage.
- Commission: The official authority a state gives a person to act as a notary for a set term.
- Conflict of interest: A situation where the notary benefits from the transaction or is a party to it, making the notarization improper.
- Credential analysis: Technology that checks whether a government ID is genuine, used in remote online notarization.
- Credible witness: A person who knows the signer and vouches for their identity to the notary when the signer lacks acceptable ID, where state law allows it.
D
- Deed: A document that transfers ownership of real property.
E
- Errors and omissions (E&O) insurance: Insurance that may cover a notary's mistakes, separate from a bond.
F
- Form I-9: The federal form used to verify an employee's identity and work authorization.
G
- Guardian or conservator: A person a court appoints to make decisions or manage money for someone who cannot.
H
- Healthcare proxy: A document naming someone to make medical decisions if the signer cannot.
J
- Jurat: A notarial act where the signer swears or affirms that the contents of the document are true and signs in front of the notary.
K
- Knowledge-based authentication (KBA): Identity questions drawn from the signer's records that only the signer should be able to answer.
L
- Legalization: A multi-step process that authenticates a document for use in a country that does not accept an apostille.
- Lien release: A document stating that a debt secured by property has been paid and the lien removed.
- Living will: A document stating a person's wishes about medical treatment if they cannot speak for themselves.
- Loan signing agent: A notary who specializes in guiding borrowers through signing mortgage and loan documents.
M
- Mobile notary: A notary who travels to the signer's location rather than the signer visiting an office.
N
- Notarial certificate: The part of a document where the notary states what act was performed, when, where and for whom.
- Notarial fee: The amount a notary may charge for a notarial act, set by state law.
- Notary bond: A surety bond some states require a notary to hold to protect the public from misconduct.
- Notary journal: A bound or electronic record of each notarial act the notary performs.
- Notary scam: A fake job or check scheme that targets notaries and signing agents.
- Notary seal or stamp: The stamp or embosser a notary places on a certificate that shows their name and commission details.
O
- Oath and affirmation: A spoken promise to tell the truth. An oath calls on a higher power; an affirmation does not.
P
- Power of attorney: A document that lets one person (the agent) act for another (the principal) on stated matters.
- Process server: A person who delivers legal papers to the other party in a case and records how and when.
Q
- Quitclaim deed: A deed that transfers whatever interest the grantor has, without promises about the title.
R
- Recording: Filing a signed document, such as a deed, with the county so it becomes part of the public record.
- Remote online notarization (RON): A notarization done over live audio and video with electronic documents, where state law allows it.
- Right of rescission: A short period after signing certain refinance or home equity loans when the borrower may cancel.
S
- Satisfactory evidence of identity: Proof, usually a government photo ID, that a notary relies on to confirm who the signer is.
- Scanback: The scanned copy of signed loan documents a signing agent sends back, in addition to the physical return.
- Self-proving affidavit: A sworn statement attached to a will that can simplify proving the will later.
- Signer: The person who signs the document and whose signature the notary is notarizing.
- Signing by mark: When a person who cannot sign their name makes a mark, usually with witnesses, and the notary records it.
- Subscribing witness: A person who watches someone else sign a document and then signs it as a witness.
T
- Title company: A company that researches property ownership, issues title insurance and often runs the closing.
U
- Unauthorized practice of law: Giving legal advice or choosing legal documents for someone when you are not a licensed attorney.
V
- Venue: The state and county where a notarization takes place, written on the certificate.
W
- Willingness: A signer's voluntary choice to sign, free of pressure.
- Wire fraud (closing): A scam where criminals impersonate a title company and trick a buyer into wiring closing funds to the wrong account.
General information, not legal advice. Rules vary by state and change; check with your state's commissioning office.
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