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LOUISIANA NOTARY PRACTICE EXAM
2024 | ACTUAL EXAM QUESTIONS AND
CORRECT ANSWERS | ALREADY
GRADED A+ | LATEST EDITION
Notary's statement placed on the face of a document to identify and connect it with another's instrument passed before the notary. -----CORRECT ANSWER----------- Paraph Where is a paraph is most commonly made on? -----CORRECT ANSWER-----------A promissory note to identify it with a mortgage, priviledge, or other security device. What is an example form of a recitation of a paraph? -----CORRECT ANSWER----------- "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." The division of property owned in common into distinct physical shares. -----CORRECT ANSWER-----------Partition Predial Servitude on Mortgaged Property? -----CORRECT ANSWER-----------Yes If a predial servitude substantially impairs a mortgaed property... -----CORRECT ANSWER-----------the mortgagee has a right to demand payment of debt in full A property sold to enforce a mortgage is sold___ of predial servitude -----CORRECT ANSWER-----------Free(Note the user of servitude can take action against Issuer of the servitude)
What strong public policy is fundamental to the concept of partition. -----CORRECT ANSWER-----------No one should be compelled to hold property in indivision with another. What excludes the right to partion? -----CORRECT ANSWER-----------If it had been agreed upon in the contract of no partition or by law. When is partition excluded by law? -----CORRECT ANSWER-----------If partitioning the land substantially takes from the value of the other portions and renders them of no use. What could take place when partition is excluded by law? -----CORRECT ANSWER------ -----It can by sold for example by sherriff's sale and the proceeds divided amongst owners in indivision. In the case where partition is judicially ordered, the court will appoint... -----CORRECT ANSWER-----------a notary to make the partition in accordance with law. The act of partition is considered? -----CORRECT ANSWER-----------A conveyence 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. -----CORRECT ANSWER-----------Protest What is necessary to fix the liability of the drawer or endorser on commercial paper. ----- CORRECT ANSWER-----------Unwaived Protest 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
abstract -----CORRECT ANSWER-----------history of the title to property as revealed by the public records acceleration clause -----CORRECT ANSWER-----------clause used in an installment note and mortgage which gives the lender the right to demand payment in full upon the happnening of a certain event, such as failure to pay an installment by a certain date, change of ownership without the lender's consent, destruction of the property, or other event which endangers the security of the loan acquisitive prescription -----CORRECT ANSWER-----------a mode of acquiring ownership of other real rights by uninterrupted possession for a period of time acquittance -----CORRECT ANSWER-----------a release, usually in writing, from an obligation act under private signature -----CORRECT ANSWER-----------any act or instrument, in writing, signed by a person or persons not in the presence of a notary that may or may not be witnessed administor -----CORRECT ANSWER-----------a person appointed by the court as the succession representative to manage the assets and liabilities of an intestate decedent agreement -----CORRECT ANSWER-----------contract agreement to sell or buy -----CORRECT ANSWER-----------binding contract to buy and sell in future aleatory contract -----CORRECT ANSWER-----------agreement in which the effects thereof depend on an uncertain event
alienate -----CORRECT ANSWER-----------to transfer property or a right to the ownership of another, especially by an act of the owner rather than by inheritance alluvion -----CORRECT ANSWER-----------an increase to the land caused by the buildup of deposits from running water antichresis -----CORRECT ANSWER-----------a written contract by which the debtor pledges the revenues of an immovable to the creditor as security for a debt appearance clause -----CORRECT ANSWER-----------clause giving full status of a natural or juridical person in any legal instrument appearer -----CORRECT ANSWER-----------a person who goes before an official authorized to administer oaths, take acknowledgments, or make authentic acts, and who makes a declaration, executes or acknowledges an instrument of writing appraisal -----CORRECT ANSWER-----------process of valuing property appurtenances -----CORRECT ANSWER-----------a right, privilege or property that is considered incident to the principal property for purposes such as passage of title, conveyance, or inheritance; a thing that is necessarily connected with the use and enjoyment of another thing ascendant -----CORRECT ANSWER-----------one who precedes in lineage; an ancestor assignment -----CORRECT ANSWER-----------the transfer of a claim, right, interest, or property from one to another; the instrument by which the transfer is affected
bond-for-deed contract -----CORRECT ANSWER-----------contract regarding immobavle property whereby the vendor agrees to transfer the title to the property when the purchase price is paid in full; the vendee is usually given possession during the existence of the contract boundary line -----CORRECT ANSWER-----------line of separation between contiguous lands cancellation of mortgage -----CORRECT ANSWER-----------clerk of court adjusts the public records to reflect that the mortgage has been extinguished. collateral mortgages are cancelled by the presentment of the paid collateral mortgage note. capacity -----CORRECT ANSWER-----------legal qualification, including age and other factors cash deed -----CORRECT ANSWER-----------common-law term for an act of sale of immovable property in which the buyer pays and the seller acknowledges receipt of the purchase price chattel -----CORRECT ANSWER-----------designates movable property code -----CORRECT ANSWER-----------a collection of laws codicil -----CORRECT ANSWER-----------common law term. amendment, modification, supplement or addition to a will that must be in the form of a testament collateral -----CORRECT ANSWER-----------property in which a security interest is granted
collateral mortgage -----CORRECT ANSWER-----------a mortgage designed to secure a mortgage note pledged as collateral security for a debt. both a mortgage and a pledge collaterals -----CORRECT ANSWER-----------any relation not directly in the line of ascent or descent collation -----CORRECT ANSWER-----------the supposed or real return to the mass of succession property given to forced heirs by donations inter vivos in order to divide the property with the other effects of the succession equalization of property amongst forced heirs" -----CORRECT ANSWER----------- common things -----CORRECT ANSWER-----------things that may not be owned by anyone (high seas, air) community property -----CORRECT ANSWER-----------a matrimonial regime whereby property acquired or produced through the labor of either spouse is owned in common by the husband and wife component parts of tracts of land -----CORRECT ANSWER-----------building, other constructions permanently attached to the ground, standing timber and unharvested crops or ungathered fruits of trees are component parts of a tract of land when they belong to the owner of the ground conditional obligation -----CORRECT ANSWER-----------an obligation that is dependent on the occurrence of an uncertain event
indebtedness secured by the mortgage or agree to pay the indebtedness of his vendor; "with burden" curator -----CORRECT ANSWER-----------a court-appointed guardian who manages the affairs of another incapable of doing so himself dation en paiement -----CORRECT ANSWER-----------an act in which a debtor transfers ownership of a thing to his creditor in payment of a debt; giving in payment"" de jure -----CORRECT ANSWER-----------'of law' an official who holds his office by law and who is possessed of all lawfully necessary qualifications for office decedent -----CORRECT ANSWER-----------a person who has died descendants -----CORRECT ANSWER-----------all offspring dishonor -----CORRECT ANSWER-----------non-acceptance of an instrument such as a check or promissory note disinhersion -----CORRECT ANSWER-----------a means of depriving a forced heir of his inheritance due to some act upon his part which the law deems sufficient cause disposable portion -----CORRECT ANSWER-----------portion of a testator's property which he can will to anyone he chooses domicile -----CORRECT ANSWER-----------with respect to a natural person, the place of his habitual residence
donation inter vivos -----CORRECT ANSWER-----------a contract by which a person gratuitously divests himself, at present and irrevocably, of the thing given in favor of another (donee) who accepts it donation mortis causa -----CORRECT ANSWER-----------an act to take effect at the death of the donor by which he disposes of the whole part of his property a donation mortis causa is revocable during the life of the donor donee -----CORRECT ANSWER-----------one who receives a donation or gift donor -----CORRECT ANSWER-----------one who gives or donates drawee -----CORRECT ANSWER-----------the party on which an order for the payment of money is drawn, usually a bank drawer -----CORRECT ANSWER-----------one that draws, especially one that draws an order for the payment of money earnest money -----CORRECT ANSWER-----------permits either party to recede from a contract to sell, , but the buyer who chooses to rcede from the contract forfeits the earnest money and the seller who chooses to recede from the contract must return double the earnest money easement -----CORRECT ANSWER-----------(common law) right of way afforded a person to make limited use of another's real property; in Louisiana its a servitude emancipation -----CORRECT ANSWER-----------the act of conferring some or all of the effects of majority on a minor
fair market value -----CORRECT ANSWER-----------price of an object (movable or immovable) agreed upon by a willing seller and a willing buyer fee simple title -----CORRECT ANSWER-----------(common law) ownership of immovable property without any condition upon the power and authority to alienate, encumber or transfer by inheritance fiduciary -----CORRECT ANSWER-----------a person entrusted with the property of another party and in whose best interests the fiduciary is expected to act when holding, investing or otherwise using that person's property filiation -----CORRECT ANSWER-----------condition or fact of being the child of a particular parent forced heir -----CORRECT ANSWER-----------descendants of the first degree who either are 23 or younger when person dies or are any age and are mentally incapable of caring for his person or administer his estate at the parent's death forced portion -----CORRECT ANSWER-----------that portion of a decedent's estate that the law reserves to him by right, called the legitime, unless the decedent has just cause to disinherit him fortuitous event -----CORRECT ANSWER-----------an event that at the time the contract was made could not have been reasonably foreseen fruits -----CORRECT ANSWER-----------things produced by or derived from another thing without diminution of its substance, such as products of the earth in the case of natural fruits and rents or interest in the case of civil fruits
good faith -----CORRECT ANSWER-----------In general, a person who has no knowledge of or has no reasonable basis for questioning the validity of the transaction guardian -----CORRECT ANSWER-----------(common law) one who is reasonably responsible for the care and management of the person or property of an incompetent or a minor; in louisiana a curator or tutor habitation -----CORRECT ANSWER-----------personal servitude granted to a natural person to dwell in the house of another heritable -----CORRECT ANSWER-----------transferable; capable of transferring by voluntary action or by succession; not strictly personal homestead exemption -----CORRECT ANSWER-----------an exemption from liability that prevents creditors from obtaining satisfaction from immovable property which the debtor resides in as part of his primary domicile hypothecate -----CORRECT ANSWER-----------to pledge as collateral for a debt without transferring possession illegitimate children -----CORRECT ANSWER-----------those who are conceived and born outside of marriage immobilization -----CORRECT ANSWER-----------taking a trailer or something that is normally movable and fixing it to the land to make it an immovable immovable -----CORRECT ANSWER-----------real property; real estate
judgment -----CORRECT ANSWER-----------a determination of a court of law; a judicial decision judicial mortgage -----CORRECT ANSWER-----------a mortgage which results from filing a judgment in the mortgage records of the parish where the property of the debtor is located Jurat -----CORRECT ANSWER-----------the clause Sworn to and subscribed before me, notary public, at (place) on (date) and signed by the notary public" juridical person -----CORRECT ANSWER-----------an entity to which the law attributes legal personality, such as a corporation laborer's privilege or lien -----CORRECT ANSWER-----------a privilege granted by law to protect workmen for a payment of the labor performed by them landlord -----CORRECT ANSWER-----------lessor of property lease -----CORRECT ANSWER-----------agreement by one party to let another person use a thing for a fixed price and term legal mortgage -----CORRECT ANSWER-----------a mortgage arising by operation of law legatee -----CORRECT ANSWER-----------one who is named in a will to take personal property; one who has received a legacy or bequest; a testate successor
legitime -----CORRECT ANSWER-----------that portion of a decedent's estate that the law reserves to him by right lesion (lesion beyond moiety) -----CORRECT ANSWER-----------the sale of an immovable may be rescinded for lesion when the price is less than one half of the fair market value of the immovable. lesion can be claimed only by the seller and only in voluntary sales of corporeal immovables liberative prescription -----CORRECT ANSWER-----------the barring of actions as a result of inaction for a certain period of time lien -----CORRECT ANSWER-----------a legal claim; a privilege LLC -----CORRECT ANSWER-----------limited liability company LLP -----CORRECT ANSWER-----------limited liability partnership major -----CORRECT ANSWER-----------of legal age. 18 years of age is the legal age in Louisiana maker -----CORRECT ANSWER-----------the person who originates a note or other negotiable instrument such as a check mandatary -----CORRECT ANSWER-----------one who is authorized to act for or represent another, usually in business matters, whose authority may be express or implied; a representative
mortgage -----CORRECT ANSWER-----------a granting of a privilege or lien on a movable or immovable which does not transfer possession to the creditor mortgage records -----CORRECT ANSWER-----------records in which the parish clerk of court records instruments encumbering immovable property, such as mortgages, security interests, liens, judgments, etc. mortgagee -----CORRECT ANSWER-----------the person in whose favor a mortgage is granted mortgagor -----CORRECT ANSWER-----------the person who grants a mortgage mortis causa -----CORRECT ANSWER-----------in contemplation of death", refers to a donation given in contemplation of death; a testament or will" movable -----CORRECT ANSWER-----------any thing the law does not determine to be immovable naked owner -----CORRECT ANSWER-----------owner of property burdened with a usufruct ne varietur -----CORRECT ANSWER-----------latin for it must not be altered"; used as part of a paraph" non-alientation certificate -----CORRECT ANSWER-----------a certificate usually prepared by an abstract company of the clerk of court certifying that certain described property has not been sold
non-resident -----CORRECT ANSWER-----------a person who does not resdie on a permanent basis in this state novation -----CORRECT ANSWER-----------the extinguishment of an existing obligation by the substitution of a new one olographic will -----CORRECT ANSWER-----------testament entirely written, dated and signed by the testator onerous donation -----CORRECT ANSWER-----------a donation conditioned upon the performance of a stipulated donation ordinary process -----CORRECT ANSWER-----------proceedings in court using the usual or ordinary delays and legal requirements ownership in indivision -----CORRECT ANSWER-----------ownership of the same thing by two or more persons which is not divided or segregated into separate portions pact de non alienando -----CORRECT ANSWER-----------clause contained in the mortgage or other encumbrance agreement whereby the obligor agrees not to sell, engage, alienate, or mortgage the same property to other persons to the prejudice of the mortgage paraph -----CORRECT ANSWER-----------a notation on a document to mark it for identification with another act partial release of mortgage -----CORRECT ANSWER-----------a partial cancellation of a security interest such as a mortgage; an act executed by the owner/holder of a promissory note which is secured by a mortgage or other security instrument, secured
