Exam (elaborations)
L A Notary test/357 Exam questions with Verified Answers
L A Notary test/357 Exam questions with Verified Answers
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L A Notary test/357 Exam questionswith Verified Answers
True or False
the public records Doctrine is a set of civil code articles regarding acquiring
and providing title to Louisiana immovables - -false
-True or False
The public records doctrine creates rights in a positive sense - -False
-Which of the following should be recorded to create real rights in an
immovable ?
A) a lease of a home
B) an auto lease
C) consent judgement of monthly child support
D) all of the above - -A) a lease of a home
-A resolutory condition is best described an event that upon occurrence, will
A) allow one party to purchase from another
B) have effect of recordation even though not recoded
C) cause the termination of a contract
D) all the above - -C) cause the termination of a contract
-A suspensive condition is an event that upon occurrence, will
A) require two parties to perform their contractual obligations
B) suspend performance of the obligee
C) suspend performance of the obligor
D) none of the above - -A) require 2 parties to perform their contractual
obligations
-True or False
The recordation of an instrument creates a presumption of its validity - -
false
-What time frame is associated with "ancient" documents? (cc 3351)
A) 5 years
B) 10 years
C) 50 years
D)none of the above - -B) 10 years
-Complete this sentence, "A witness to an act is _______ with respect to
it"(CC 3343)
A) a party
B) an observer
,C) a third person
D) a principal - -C) a third person
-Al works in New Orleans is domiciled in Hammond and has a rental in
Slidell. Where is his home mortgage recorded?
A) Orleans Parish
B) Tangipahoa Parish
C) St. Tammany Parish
D) any of the above - -B) Tangipahoa Parish
-True or False
A clerk certified of a recorded instrument is entitled to the same faith and
credit as the recorded instrument? - -true
-True or False
A notary needs to resign in order to run for Judge. - -False
a notary does NOT need to resign if they wish to work in another occupation
that requires them to still perform notary services
-A malfeasance in office is committed when any public employee shall :
name the 3 points - -1: Intentionally refuse or false to perform any duty
lawfully required from them, as officer or employee
2: Intentionally performing any such duty in a unlawful manner
3: Knowingly permit any other public officers or employee, under their
authority, do either of the above points.
-How many years does one sever in jail if found guilty of malfeasance? How
much is the fine for being guilty of malfeasance as well? - -5 years with or
without hard labor
$5,000 fine
(A notary can be fined and sentenced to jail if found guilty)
-true or false
One will never have to pay restitution to the state if the state suffered any
loss as a result of the offense. - -false
(the restitution shall include the payment of the legal interest at the rate
provided in R.S 13:4202)
-interdiction - -to have someone release all affairs to a trusted person of the
"sick" person
is done by a judge interviewing the "sick" and the trusted people
interdiction can also happen to people who are just really irresponsible with
their affairs
-What is the punishment for a person who acts as a notary while is not one
themself? - -A $1,000 fine / 2 years in jail or both
, -Commission suspension - -A notary's authority to exercise the power and
perform functions of the office is suspended but does not remove them from
office
-A automatic suspension can occur when a notary...(name 5 points) - -
1)suspended from practice law as a result of a court-imposed disciplinary
2) cease to be a registered voter in the parish of his commission & fails to
register to vote in their commission parish after the notice
3) is convicted of a felony
4) fails to maintain the required bond or insurance coverage
5) fails to timely file a required annual report to the secretary of state
-What 4 things can lead to a court order suspension? - -1) to engage in
dishonesty, fraud, deceit, or misrepresentation
2) certified a false document as true
3) violate any provision of any law governing the office of a notary or the
exercise of notary authority
4) abandoned his commission
-A commission may be also be ordered by a court of competent jurisdiction
when the notary has (name the 2 points) - -1) failed to pay over money
entrusted to him in his official capacity as a notary public
2) failed to satisfy any final judgement rendered against them in their official
capacity as a notary public
-A notary can notarize who's signature?
A) a normal client
B) Spouse
C) themselves
D) a, b, and e
E) parents - -D) a, b and e
You can notarize something for any but yourself as long as you do Not
benefit from it
-Before when a notary could only execute their acts within their jurisdiction?
- -June 2005
-If a immovable is located in the same parish closing then one has how
much time to record the files? - -48 hours
-If a closing is held outside of the parish which the immovable is located
then how much time can one take to file? - -15 days
, -Why should you file as soon as possible even if you have 15 days? - -To
avoid liability of recordation, in case a something comes up at the court
house during those days you didn't record the file.
-How much does it cost the access the notary archives? - -$350
-Which parish did not repeal the immovable property requirements? - -
Orleans parish
-Conveyance of immovable property - -The requirements to obtain
mortgage and tax certificates from the parish recorder and parish assessor
showing any mortgages existing or taxes due on the property
-Who does the work fall on after the repeal of certificates? - -Abstractors
-What is the importance of have one's marital status? - -If someone is
married then the property they own in their named is now a community
property transaction
-Why does notary need to know the family name of the wife? - -To find out if
the wife had leans and judgments on the property they might be trying to
sell that was in her name before she was married.
-True or false
A marriage name can also hold connection to leans and judgments - -True
-What I'd the difference between domicile and home? - -Your domicile is
where you are registered to vote
-What is the difference between marriageable status change declaration and
marriageable history? - -Marriageable status change is when someone had
become married and their property stay a separate property
Marriageable history is stating they have been married before and to whom
they where married to
-True or false
A notary has the option to leave of the social security number out of the act.
- -False
-What do tax accessors rely on as a tax matter destination if not stated? - -
The address of the buyer
-What makes one eligible to become an LA Notary? (Name 6 points) - -1)
must be a resident ( citizen or alien) of the state of Louisiana
2) be 18 years or older
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