Louisiana Notary Practice – Flashcards
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Notary's statement placed on the face of a document to identify and connect it with another's instrument passed before the notary.
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Paraph
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Where is a paraph is most commonly made on?
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A promissory note to identify it with a mortgage, priviledge, or other security device.
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What is an example form of a recitation of a paraph?
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"And I, the undersigned Notary Public, paraphed the Note "Ne Varietur" for identification with this Sale with Mortgage and delivered the note to the Seller who acknowledges receipt thereof."
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What is included in a paraph?
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1. Name of the act 2. date the act was passed 3. signature of the notary
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The division of property owned in common into distinct physical shares.
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Partition
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Predial Servitude on Mortgaged Property?
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Yes
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If a predial servitude substantially impairs a mortgaed property...
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the mortgagee has a right to demand payment of debt in full
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A property sold to enforce a mortgage is sold___ of predial servitude
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Free(Note the user of servitude can take action against Issuer of the servitude)
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What strong public policy is fundamental to the concept of partition.
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No one should be compelled to hold property in indivision with another.
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What excludes the right to partion?
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If it had been agreed upon in the contract of no partition or by law.
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When is partition excluded by law?
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If partitioning the land substantially takes from the value of the other portions and renders them of no use.
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What could take place when partition is excluded by law?
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It can by sold for example by sherriff's sale and the proceeds divided amongst owners in indivision.
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What is the purpose of a partition?
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To do away with fractional ownership and to make perfect each co-owner's title or ownership in individual physical shares.
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In the case where partition is judicially ordered, the court will appoint...
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a notary to make the partition in accordance with law.
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The act of partition is considered?
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A conveyence
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A certificate of dishonor made by a notary certifying that a note, check, or other commercial paper was not satisfied when presented to the maker.
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Protest
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What is necessary to fix the liability of the drawer or endorser on commercial paper.
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Unwaived Protest
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An attestation, usually certified under "acts of congress," issued by the clerk of court in the notary's parish of commission establishing that a particular person is a duly appointed, commissioned and qualified notary public in that parish.
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Protho-notarial certificate
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Purpose of Protho-notarial certificate
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this fulfills the requirment to have the notary's signature proved by the clerk of court and "certified under Acts of Congress" in order to import full faith and credit provisions of the U.S. constitution to an act of a public official filed in a state other than that of the official.
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The protho-notarial certificate certified under acts of congress is in...
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fact four certificates issued together in conformity with the requirements for certifying an instrument in accordance with Acts of Congress.
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Protho notarial certificate (four parts)
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1. clerk of court approves the qualification notary 2. attest that 1. is a true copy 3. judge of judicial district court certifies that the clerk of court is a real clerk of court. 4. the clerk of court certifies that the judge is elected and qualified as a judge of that judicial district court.
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Authorizes another person to make decisions for the child on the absent parent's behalf.
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Provisional custody by mandate
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Maximum period for provisional custody by mandate
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1 year
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Can a parent previously denied custody by court order be given provisional custody by mandate?
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No
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Can a tutor confer provisional custody by mandate?
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Yes
