Glossary of Terms
ACKNOWLEDGMENT - A formal declaration before an
authorized individual (a notary public) by a person signing
an instrument that such execution is his or her free act and
deed. The term also refers to the notary's certificate on
the document indicating that it was so acknowledged.
ADMINISTER - To discharge the
duties of an office; to give (as in the giving of an oath).
AFFIDAVIT - A written statement of
facts made voluntarily and confirmed by the oath or
affirmation of the party making it before an individual
authorized to administer oaths, i.e., a notary public.
AFFIRM - To make a solemn, formal
declaration under the penalty of perjury that certain
statements are true. An affirmation is legally equivalent to
an oath and may be substituted for an oath when a document
requires an oath for its execution, i.e., an affidavit.
AFFIX - To attach or impress the
notary seal to a document.
APOSTILLE - A certificate of
notarial authority issued by the Secretary of the
Commonwealth for notarized documents being sent out of
Pennsylvania to those countries who are parties to the
international treaty commonly known as the Hague Convention.
ATTEST - To bear witness to or to
certify.
ATTORNEY IN FACT - The person
authorized to act for another by power of attorney.
AUTHENTICATION - An Apostille or a
Certificate of Notarial Authority is attached to the
notarized document.
CERTIFIED COPY - A copy of a
document or record, signed and certified as a true copy by
the public official who has custody of the original record.
NOTE: A notary may make an "attested photocopy," but not a
certified copy. A certified copy is not the same as an
original document.
CODICIL - A supplement or addendum
to a will.
COERCE - To force into submission
or compliance.
COMMISSION - The term used for the
length of time you are appointed as a notary public by the
Secretary of the Commonwealth.
CUSTODIAN OF THE DOCUMENT - The
person who has charge or custody of the document. In the
case of making an attested photocopy,
the "document's
custodian" is the person presenting the document, who may or
may not be the document signer.
DEED -A document by which a person
conveys (transfers) real property.
Quitclaim Deed
- A deed intended to pass any title, interest, or claim
which the grantor may have in the real property, but not
professing that such title is valid or containing any
warranty for title.
Warranty Deed
- A deed in which the grantor warrants or guarantees
good clear title to the real property.
DEPONENT - The person giving
testimony in a deposition.
DEPOSITION - The testimony of a
witness, under oath or affirmation, taken outside of court
in which lawyers ask oral questions of the witness.
The testimony is usually reduced to
writing and duly authenticated and
is intended
to be used in a trial of a civil action or a criminal
prosecution.
EXECUTE A DOCUMENT - To perform
all formalities necessary to make a document fully
effective; often a matter of signing, but may require
delivery or other elements.
FREE ACT AND DEED - To admit one's
act and assume the responsibility for it.
GRANTEE - A person who receives
the deed of real property from the grantor, i.e., generally
the buyer.
GRANTOR - The person who transfers
a deed of real property, i.e, generally the seller.
INSTRUMENT - A written document.
JURAT - The written notarial
certificate on any sworn statement or affidavit completed by
the notary public indicating that the document was sworn or
affirmed to by the signer.
LEASE - An agreement between two
parties, where one party is the owner of certain property
and grants to another party the right to possess, use and
enjoy such property for a specified period of time in
exchange for periodic payment of a stipulated price,
referred to as rent.
LESSEE - One who rents property
from another.
LESSOR - One who rents property to
another.
LIEN - A legal right or security
attached to real estate or personal property until the
payment of some debt, obligation, or duty.
LITIGATION - A lawsuit or legal
action.
MALFEASANCE -The doing of an act
which a person ought not to do at all.
MISFEASANCE - The improper doing
of an act which a person might lawfully do.
NEGLIGENCE - The failure to use
such care as a reasonably prudent and careful person would
use under similar circumstances.
NOTARIAL ACT - The officials acts
of a notary public administering an oath, taking an
acknowledgment, attesting to a photocopy, or any other act
authorized by law.
NOTARIAL CERTIFICATE - A written
statement made by the notary public certifying specific
facts of the notarial act performed.
OATH - Any form of attestation or
pledge by which a person signifies that he or she is bound
in conscience and out of a sense of responsibility to a
Supreme Being to the truthfulness for some statement.
Willfully swearing to untrue statements constitutes perjury.
PENNSYLVANIA NOTARY PUBLIC - A
qualified individual appointed by the Secretary of the
Commonwealth whose function is to administer oaths; to take
acknowledgments of deeds and other instruments; to attest to
photocopies of certain documents; and to perform other
duties specified by law.
PERJURY -Making a false statement
under oath or affirmation. Perjury is a felony punishable by
a fine and/or prison term.
PERSONALLY KNOWN - Having an
acquaintance derived from association with an individual in
relation to other people and based upon a chain of
circumstances surrounding he individual, which establishes
the individual's identity. (Section 12.1(a)).
POWER OF ATTORNEY - A document
authorizing a person to act as another's agent or attorney
for a specified purpose.
PRINCIPAL - The person making the
power of attorney.
REASONABLE CARE - The degree of
care which a person of ordinary prudence and intelligence
would exercise in the same or similar circumstances. Failure
to exercise such care is negligence.
SATISFACTORY EVIDENCE - Means the
reliance on the presentation of a current, government-issued
identification card bearing a photograph OR
signature OR physical description
AND serial or
identification number OR the oath or affirmation of a
credible witness who is personally known to the notary and
who personally knows the individual.
SUBSCRIBE - To sign a document.
SWEAR - To take an oath.
TESTATOR - The person making a
will.
VENUE - The location of the
notarial act, usually stated in the form:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF________
WILL -
An instrument by which a person makes a disposition of his
or her property, to take effect after his or her death.
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