Notary Terms and Definitions

TERM DEFINITION
TERM DEFINITION
Administer To give formally, administering an oath or affirmation
Administrative Penalty Action taken against the commission of a Notary Public by the commissioning authority. Penalties may include fines and commission denial, suspension or revocation.
Affiant Signer of an affidavit.
Affidavit Sworn, written statement made before an officer authorized to administer oaths and affirmations.
Affirmation Spoken, solemn promise on one's personal honor, withno reference to a Supreme Being, that is made before a Notary in relation to a jurat or as a notarial act in its own right.
AKA Abbreviation for "also known as"; otherwide named.
Annual Percentage Rate (APR) The cost of a Mortgage of Deed of Trust stated as a yearly rate. It includes such items as interest, mortgage insurance, and loan origination fee. The annual percentage rate is often higher than the interest rate for the loan.
Apostille Authenticating certificate required by the Hague Convention on Authentication that replaces a traditional chain of certificates.
Authentication Legalization. Process of proving the genuineness of the signature.
Background Screening Under the Interagency Guidelines, background screen of employees with responsibilities for or access to customer information is one of eight suggested security measures that financial institutions must consider and adopt , as appropriate, in their informa
Bond, Notary Written guarantee that money up to a limit will be paid by a surety to a person financially damaged by a notary's misconduct in the event the Notary fails to do so.
Certificate Notary. Wording completed, signed and sealed by a Notary that states the particulars of a notarization and appears at the end of a signed document or on a peper attached to it.
Certified Copy Document certified by an official, such as a Notary, to be an accurate reproduction of an original.
Chain Certificate Method of Authentication Traditional authenication procedure that requires sequential attachment of certificates of authority, each validating the genuiness of the preceding one.
Chronological In the sequence of occurrence.
Civil Penalty Payment of funds, by a Notary resulting from a lawsuit to recover financial losses that were claimed to have been caused by the Notary's misconduct.
Clear Title A title that is free of liens of disputed interests.
Closing A meeting at which a sale of a property is finalized by the buyer signing mortgage documents and paying closing costs, Also called a "settlement".
Closing Agent An individual or firm handling the closing and legan transfer of title and ownership from the seller to the buyer in a real property transaction.
Closing Cost Fees paid by the borrower when property is purchases or refinanced.
Collaterial An item of value, such as a car or a home, that guarantees the repaymet of a loan.
Collections The process of claiming a Payment is due for services provided and receving payment.
Commission To authorized to perform notarial acts; written authorization to perform notarial acts issued by a state's Governor, Secretary of State or other empowering official. Called an appointment in some states and jurisdictions.
Common Law Legal system of England, its former colonie and the United States that evolved out of custom and unwritten law.
Community Property A form of ownership under which property acquired during a marriage is owned jointly.
Confidentiality Restricted access to sensitive and personal information.
Confidentiality Restricted access to information that is classified, sensitive and personal.
Conformed Copy Reproduction of an original document whose unreproduced parts are filled in on the copy by hand.
Conforming Loan Generally, a mortgage loan under the maximum dollar amount of loans established by Fannie Mae and Freddie Mac.
Conservator Guardian; person with the lawful power and duty to manage the affairs of another individual.
Conspiracy Association of persons to commit a crime; unlawful plot.
Construction Loan A short-term loan for funding the cost of construction.
Consulate The office of an official, called a consul, apointed byhis or her home country to reside in a foreign nation and care for the interests of the government's citizens through notarization, authentication of documents and other functions.
Conventional Loan A mortgage neither insured by the Federal Housing Administration (FHA) nor guaranteed by the U.S. Department of Veterans Affairs (VA).
Conversion The right of a borrower to convert an adjustable-rate loan or balloon loan into a fixed-rate loan.
Conveyance Transfer of title or ownership.
Copy Certification by Document Custodian Alternative to a Notary-Certified copy. The custodian of a document signs a declaration that a copy of that document is identical to the original; the Notary then notarizes the custodian's signature on this declaration with a jurat.
Counterfeit False document made from scratch in imitation of an authentic one, in constrast to a false document made by altering an existing authenic document.
County itemer Official who registers deeds and certain other documents in the public record.
Credible Identifying Witness Person who identifies a document signer to the Notary after taking an oath or affirmation. The cridible identifying witness should know the document signer personally and also should be personally know by the Notary.
Credible Witness Belivable person who identifies a document signer to the Notary after taking an oath or affirmation. The credible identifying witness should personally know the document signer and should also be personally known by the Notary
Criminal Penalty Action taken against a person for violation of a criminal law. Penalties generally include fines and/or imprisonment.
Custodian Keeper of a document.
Custodian Certified Copy Document verified to be an accurate reproduction of an original by the original's permanent custodian.
Deed The legal documet that conveys title to real property.
Deed of Trust A legal instrument that pledges a property to the leander as security for payment of a debt. It is the document used in some states instead of a Mortgage.
Deponent Person who, under oath or affirmation, gives oral testimony that is transcribed for use in a legal proceeding.
Deposition Written statement used in a lawsuit that is transcribed from words spoken by a person (deponent) under oath, or affirmation and that is usually signed by this person.
Discretion Freedom to act or judge on one's own; freedom of choice.
Dishonor Refusal to pay the sum of money promised or requested.
Document Custodian Permanent keeper of an original document.
Duress Compulsion, coercion or threat of injury to force compliance.
Easement A right of way giving persons other than the owner access to or over a property.
Emancipated Miner Person under the age of majority who has been freed from the control and responsibility of his or her parents.
Embosser Seal Plier or press-like device that imprints a raised image into a paper surface to from a notarial seal.
Encumbrance Anything that affects or limits the fee simple title to a property, such as mortgages, leases, easements or restrictions.
Endorsement Public expression of approval.
Equity The difference between the fair market value of real estate and any outstanding mortgage loan(s) against the property.
Escrow Company A neutral third party that handles all fund in a real estate transaction. Escrow pays the real estate broker's commission, pays off any loans/liens against the property, pays real estate taxes and any other fees associated with the transaction and send th
Ethics Principles of good conduct; moral values.
FACT Act of 2003 Fair and Accurate Credit Transactions. A federal law which enables consumers to request and obtain a free credit report once every twelve months from each of the three nationwide consumer credit reporting companies. The FACT Act also contains provisions t
Fair and Accurate Credit Transactions Act of 2003 A federal law which enables consumers to request and obtain a free credit report once every twelve months from each of the three nationwide consumer credit reporting companies. The FACT Act also contains provisions to help Reduce indentity theft.
False Certificate Notarial wording that contains incorrect information.
Federal Register A daily publication of the United States Government that provides notice to the public of a federal government agency's proposed new or amended rules.
Fee Simple A term used to describe the most complete ownership that a person can have over a property.
Felony A serious crime typically iposing the punishment of imprisonment of fine or both.
FHA Mortgage A mortgage that is insured by the Federal Housing Administration (FHA)
Finance Chage The total dollar amount a loan costs the borrower.
First Mortgage A mortgage that is the primary lien against a property.
Fixed Rate Mortgage A mortgage where the interest rate does not change for the life of the loan.
Foreclosure The act of enforcing payment of a debt secured by a Mortgage of Deed of Trust by Depriving the owner of its possession and selling the property.
Forgery False signature, writing, document or other creation made to imitate a genuine thing; the act of making such a false creation.
Fraudulent Deliberately false or deceptive.
FSBO For sale by owner.
Grantee The person to whom an interest in real property is conveyed.
Grantor The person conveying an interest in real property.
Guardian Person with the lawful power and duty to manage the affairs of another individual; conservator.
Hague Convention on Authentication Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, a treatysigned by more than 80 nations, including the United States, that simplifes authentication of notarized documents sent between nations.
Holographic Handwritten.
Homestead A legal form signed by the owner to exempt property used as a home from forced sale to settle a judgement.
HUD The U.S. Department of Housing and Urban Development.
HUD-1 Settlement Statement A document that provides an itemized listing of the funds that are payable at closing.
Identification Knowing who a person is without doubt or suspicion; positive identification.
Illiteracy Inability to read and write.
Immigration Entering a country to become a legal resident, whether permanent or temporary.
Immigration Consultant One who advises and assists another in the legal process of immigrating to the United States, especially in preparing the necessary paperwork. Also called an immigration specialist, immigration expert and immigration counselor.
Impartial Witness Observer without bias; one who has no financial or benefical interest in the transaction.
Impersonation Acting as a Notary Public without a valid commission.
Impounds That portion of a borrower's monthly payments heald bythe lender or servicer to pay for taxes, hazard insurance, mortgage insurance, lease payments and other items as they become due.
Improper Inflluence The act of attempting to influence a person to sign or not to sign, act or not, or to proceed or not proceed in any lawful transaction requiring a notarial act.
Indentification Card Document or card which establishes the bearer's identity. Examples include passports, driver's licenses and nondriver's ID's amont others.
Independent Contractor A person who earns a livelihood other than as a salaried employee.
Independent Contractor's Agreement An agreement that defines the business relationship between a signing service or a closing agancy and a Notary Signing Agent.
Index A published interest rate not controlled by the lender to which the interest rate on an Adjustable Rate Mortgage (ARM) is tied.
Instrument Document
Intellectual Disability Mental condition, resulting either from lack of education (illiteracy) or intellectural incapacity, that can make signing or understanding a document impossible.
Interest Rate The periodic charge, expressed as a percentage, for use of credit.
Interpreter Person who explains or translates orally for parties conversing in a different language.
Invoice An itemized list of services a Notary Signing Agent renders to a closing agent, lender, or signing service for payment of services.
IRS Form 1040 Schedule C Attachment to an individual's federal income tax return in which the totals for income and expenses received from self-employment appear.
IRS Form 1040 Schedule SE Attachment to an individual's federal income tax return in which the individual figures the amount due for self-employment taxes.
IRS Form 1099-Misc A federal income tax form received by a Notary Signing Agent who has earned $600 or more in income from a closing agent, lender, or signing service for providing loan document signing services.
Joint Tenancy A form of co-ownership giving each tenant equal interest and equal rights in the property, including the right of survivorship.
Journal of Notarial Acts Detailed, chronological record of the official acts of a Notary Public.
Judicial Official Public officer who uses considerable judgment or discretion in the performance of offical duties.
Jurat Notarial act in which a Nortary certifies having watched the siging, of a document and having administered an oath or affirmation in which the signer declares the document to be truthful and accurate.
Jurisdiction Geographic area in which a Notary is authorized to perform notarial acts.
Legal Age Age of majority.
Legal Description A property description, recognized by law, sufficient enough to locate and identify the property without oral testimony.
Legal Disability Legal status, including being under legal age or proven legally insane, that can restrict or disqualify persons from signing on their own behaves.
Legalization Authentication
Liability Obligation to suffer the penalties for misconduct.
Lien A voluntary or involuntary encumbrance against property for money due.
Line of Credit An agreement by a financial institution to extend credit up to a certain amount for a certain time to a specified borrower.
Lock-In A written agreement guaranteeing the homebuyer a specified interest rate provided the loan is closed within a set period of time.
Loose Certificate Notary certificate wording on a separate sheet of paper that is attached to a document when no Notary wording or incorrect Notary wording is present.
Loose Certificate Notary certificate wording on a separate sheet of paper that is attached to a document when no Notary wording or incorrect Notary wording is present.
Margin An amount, usually a percentage, which is added to the index to determine the interest rate for adjustable rate mortgages.
Mark, Signature by Method of signing an instrument withan "X" or other personal sign, it is accepted in most states as a valid signature.
Maturity The date on which the principal balance of a loan becomes due and payable.
Mentorings Mentoring is the professional commitment of an experienced Signing Agent to offer advice, counsel and insight to a new or inexperienced Signing Agent or protege.
Ministerial Function Function performed according to statute, established procedure or instructions from an authority without exercise of independent judgment.
Ministerial Official Public officer who follows written rules without using significant judgment or discretion such as a Notary Public.
Minor Person who has not reached the age of majority and therefore not considered legally competent to handle his or her own affairs.
Misconduct Wrongful exercise of a power or the wrongful performance of a duty.
Misdemeanor A crime that is not considered a felony.
Misrepresentation The act of misleading the public into believing that one possesses greater or different powers than ganted by law.
Moral Turpitude Consult contrary to expected standards of honesty, morality, justice, or modesty; depravity. A disqualification for appointment as a Notary Public in some states.
Mortgage A legal instrumet that pledges a property to the lender as security for payment of a debt. It is used in some states instead of a Deed of Trust.
Mortgagee The leander in a mortgage agreement
Mortgagor The borrower in a mortgage agreement.
Natural Guardian Parent of a child.
Negative Amortization Monthly payments that do not cover all of the interest cost of a loan.
Negligence Failure to use a degree of care that is expected of a person of ordinary prudence and intelligence
Noncompetition Clause A provision in an independent contractor's agreement prohibiting the Notary Signing Agent from engaging in certain unfair competition practices.
Nondriver's ID Identification document similar to a driver's license issued by most states upon request to nondrivers such as juveniles and the elderly.
Notarial Acts Witnessing duties of a Notary that are specified by law. Most often, the Notary's duties involve signed documents and require the Notary to ensure a signer's identity and willingness to sign.
Notarial Ethics Principles of conduct to guide Notaries when laws and regulations do not.
Notario Publico High-ranking official in Latin American countries with the authority to prepare legal documents and give legal advice, functions that in the United States are reserved for attorneys.
Notary Public Person of proven integrity appointed by a state government to serve the public as an impartial witness with duties specified by law. The Notary las the power to witness the signing of documents and to administer oaths.
Notary Signing Agent A Notary Public who specializes in home loan document signings.
Notice of Right to Cancel A document in a loan document package that informs the borrower of the borrower's right to cancel a loan within three business days following the signing of documents.
Oath Spoken, solemn promise to a Supreme Being that is made before a Notary in relation to a jurat or as a notarial act in its own right.
Oath of Office Oath promising to faithfully discharge the duties of a particular office.
Oath-Taker One who takes an oath.
Original Any document of which a reproduction has been made.
Origination Fee A charge to the borrower covering the costs of issuing the loan, usually stated as a percentage of the face value of the loan.
Out-of-Court Settlement Agreement between the two sides of a lawsuit to end the dispute withut an official ruling.
Paid Outside of Closing POC - A term that refers to loan and other fees in a home loan transaction that are paid outside of escrow.
Paralegal Trained professional who, under the supervision of an attorney, prepares documents and performs certain other standard functions within a narrow area of discretion; legal assistant.
Partnership Legal association of two or more persons (partners) who agree to share profits and losses in a business venture.
Party Signer participating in a transaction; principal.
Perjury Crime of making a false statement under oath or affirmation in an offical proceeding.
Personal Apperance Appearing face to face and in the same room with a Notary at the time of notarization.
Personal Honor Individual conscience.
Personal Interest Any personal invalvement in a transaction which would impuugn the Notary's impartiality in a transaction involving a notarial act.
Personal Knowledge Familiary with an individual resulting from interactins over a period of time sufficient to eliminate every resonable doubt that the individual has the identity claimed.
Personal Knowledge of Identity Familiarity with an individual resulting from interactions over a period of time sufficient to eliminate every resonable doubt that the individual has the identity claimed.
Photocopy Reproduction of a document made through exact photographic duplication of the original's image, rathan than through approximation of its image by hand-copying or other methods.
Photographically Reproducible Image that can be readily photocopied or microfilmed.
PITI Principal, Interest, Taxes and Insurance. The components of a monthly mortgage payment.
PKA Abbreviation for "professionally known as"; name one uses for professional business purposes; professional alias.
Plaintiff Person or entity initiating a lawsuit to seek compensation for damages; one who sues.
PMI Private Mortgage Insurance - Insurance that protects the mortgage lender against financial loss resulting from a borrower defaulting on a Mortgage or Deed of Trust.
POA Power of Attorney
POC Paid Outside of Closing
Points A fee or charge equal to one percent of the principal loan amount collected by the lender at the time the loan is made.
Positive Identification Knowing who a person is without reasonable doubt or suspicion.
Power of Attorney Document granting authority for a personto act as attorney in fact for another.
Pre-Qualification The process of determining how much money a prospective homebuyer will be eligible to borrow before he or she applies for a loan.
Prepayment The unscheduled payment of all or part of the outstanding principal of a mortgage loan before it is due.
Prepayment Penalty A fee that may be charged to a borrower who pays off a loan before it is due.
Primary ID Government issued identification document with at least the bearer's photograph that may be the sole basis for identification by a Notary Public.
Prime Rate The interest rate banks charge to preferred customers.
Principal 1. Person who is a signer of and party to a document. 2. The amount of debt, not counting interest, remaining on a loan.
Prior to Docs PTD - The list of conditions the borrower must meet before the lender prepares the loan documents.
Prior to Funding The list of conditions the borrower must meet that meet before the lender will send funds to close the escrow.
Private Mortgage Insurance PMI - Insurance that protects the mortgage lender against financial loss resulting from a borrower defaulting on a Mortgage or Deed of Trust.
Professionalism The act of performing a task with a high degree of knowledge, skill and sound judgement and with integrity, excellence and the utmost personal character.
Proof Abbreviation for proof of execution.
Proof of Execution by Subscribing Witness Notarial act where a person )called the subscribing witness) state under oath of affirmation before a Notary that he or she either watched another individual (called the principal) sig a document or took that person's acknowledgement of an already signed
Prorations The allocation of epenses, such as taxes, based upon the number of days the property is owned during the month of closing
Protest Notarial act in which a Notary certifies that a signer did not reeive payment for a negatiable instrument.
Prothonotary County clerk, in some states.
Prove To authenticate the signature of a principal signer not appearing before a Notary; to convince the Notary that an individual has the identity claimed.
Proxy The function of one who acts as a substitute for another. A "signature of proxy" is a signature to a document that is made by a person acting in the capacity of an attorney in fact, guardian or other authorized capacity on behalf of another person.
PTD Prior to Docs - The list of conditions the borrower must meet before the lender prepares the loan documents.
PTF Prior to Funding - The list of conditions the borrower must meet that meet before the lender will send funds to close the escrow.
Public Inspection The right or privilege granted to members of the public or a Notary Public's employer to peruse the records of official acts contained in a Notary's journal.
Public Servant An individual elected or appointed to hold an office whose operation impacts the public's interest.
Public Trust Confidence placed in a public officer to act in the best interest of and for the benefit of the public at large.
Rate Lock A commitment typically issued by a lender to a borrower guaranteeing a specified interest rate for a limited time.
Real Estate Agent A person licensed to negotiate and transact the sale of real estate on behalf of the property owner.
Reasonable Care Degree of concern and attentiveness that a person of notmal intelligence and responsibility would exhibit.
Receivables Amounts of money subject to call for payment.
Reconveyance The act of returning title to a trustor when the Note secured by a Deed of Trust is satisfied.
itemable Document Document that may be filed with an official agency such as a county recorder.
iteming The noting in the registrar's office of the details of a properly excuted deed, mortgage note or other legal instrument, making the instrument a part of the pubic record.
Refinancing The process of paying off one loan with the proceeds from a new loan using the same property as security.
Regulation Z Official regulations implementing the Truth in Lending Act. These rules provide important guidelines for the disclosures required under the TILA and for calculating the rescission period which applies to many consumer home loans.
Representative Capacity Status of signing or acting on behalf of another person or on behalf of a legal entity, such as a corporation, partnership or trust.
Representative Signer Person with the legal authority to sign for another individual, organization or legal entity. Representitave signing capacities include attorney in fact, trustee, corporate officer, partner guardian, conservator, administrator, etc.
Rescission Period Right to Rescission
Reverse Mortgage A loan that allows elderly homeowners to convert the equity in their home into cash.
Right of First Refusal A provision in an agreement that requires a property owner to give another party the first opportunit to purchase or lease the property before it is offered to others.
Right to Recission Under the federal Truth in Lending Act, the right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan.
Rules of Ethics Widely accepted standards of honesty, fairness and common sense.
Satisfactory Evidence of Identity Reliable identification documents; or the sworn or affirmed statemtn of a credible identifying witness that an individua has the identity claimed.
Seal Inking or embossing device that imprints the Notary's name, title (Notary Public) and jurisdiction on a notarized document.
Seal, Notary Inking of embossing device that imprints the Notary's name, title (Notary Public) and jurisdiction on a notarize document. May also include such information as the country where the commission and ond are on file, commission number and date of commission
Second Mortgage A mortgage that has a lien position subordinate to the first mortgage.
Security The property that will be ledged as collateral for a loan.
Security Loan A loan backed by collateral.
Signature of Notary Handwritten name of and by the Notary, agreeing exactly with the name on the Notary's commissioning paper.
Signature Witnessing Notarial act in some state in which a Notary positively identifies a document signer and watches that signer sign his or her name to a document.
Signing Service A company that serves as a middleman between closing agents and Notary Signing Agents in setting up loan document signings.
Statutory Fee Charge prescribed by law for services.
Stipulation A condition that must be met for a home loan to close.
Subpoena A judicial command to appear in court under a penalty for failure to appear.
Subpoena A judicial command to appear in court under a penalty for failure to appear.
Subscribe Sign.
Subscribing Witness Person who either watches another (the principal) sign a document or takes that person's acknowledgment of an already signed document and appears before the Notary on behalf of the principal. The subscribing witness, in addition to the principal, must sig
Testimonial Expression of praise: endorsement.
Testimonium Clause Wording in a notarial certificate whereby the Notary formally attests to the facts. Typically phrased as, "Witness my hand and official seal".
TILA Trust in Lending Act (of 1968) A federal consumer statue designed to strengthen extension of consumer credit by the fostering the informed use of credit,
Title Written proof of the right to own property.
Title Company A company that specializes in examining and insuring titles to real estate.
Title Search An examination of city, town or county records to determine the legal ownership of real estate and the outstanding liens and claims against the real estate.
Transfer of Ownership Any means by which the ownership of a property changes hands.
Trustee A fiduciary that holds or controls property for the benefit of another. In a real estate transaction involving a Deed of Trust, the trustee holds the property in trust as security for the paymennt of the debt to the lender or beneficiary.
Unauthorized Practice of Law Practice of law by a person who is not a legal professional: illegal act of a nonattorney in helping another person to draft, prepare, complete, select or understand a document or transaction.
Underwriting The process of evaluating a loan application to determine the risk involved for the lender. Underwriting involves an analysis of the borrower's creditworthiness and the quality of the property itself.
Uniform Residential Loan Application A standardized loan application widely used in the mortgage industry
USCIS United States Citizenship and Immigration Services
VA Veterans Affairs - A government agency guaranteeing mortgage loans with no down payment to qualified vetrans.
Venue Location (state and county) where a notarization is performed, as indicated at the top of most Notary certificates.
Vesting The method of taking title to real property.
Willingness State of acting without duress or undue influence; state of acting voluntarily.
Willingness State of acting without duress or undue influence.
Wrapround Mortgage A mortgage including the remaining balance on an existing first mortgage plus an additional amount requested by the mortgagor.