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LOUISIANA NOTARY Practice Exam With Answers (136 Solved Questions)

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    LOUISIANA NOTARY PRACTICE EXAM QUESTIONS AND VERIFIED A NSWERS ALREADY GRADED A+ |BRAND NEW VERSION Notary's statement placed on the face of a document to identify and connect it with another's instrument passed before the notary. Paraph Where is a paraph is most commonly made on? A promissory note to identify it with a mortgage, priviledge, or other s ecurity device. What is an example form of a recitation of a paraph? "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 ther eof ." What is included in a paraph? 1. Name of the act 2. date the act was passed 3. signature of the notary The division of property owned in common into distinct physical shares. Partition Predial Servitude on Mortgaged Property? Yes

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    If a predial servitude substantially impairs a mortgaed property... the mortgagee has a right to demand payment of debt in full A property sold to enforce a mortgage is sold___ of predial servitude 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. No one should be compelled to hold property in indivision with another. What excludes the right to partion? If it had been agreed upon in the contract of no partition or by law. When is partition excluded by law? 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? It can by sold for example by sherriff's sale and the proceeds divided amongst owners in indivision. What is the purpose of a partition? 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... a notary to make the partition in accordance with law. The act of partition is considered? A conveyence A certificate of dishonor made by a notary certifying that a note, chec k, or other commercial paper was not satisfied when presented to the maker. Protest What is necessary to fix the liability of the drawer or endorser on commercial paper. Unwaived Protest An attestation, usually certified under "acts of congress," issue d 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. Protho - notarial certificate Purpose of Protho - notarial certificate this fulfi lls 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 th at of the official.

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    The protho - notarial certificate certified under acts of congress is in... fact four certificates issued together in conformity with the requirements for certifying an instrument in accordance with Acts of Congress. Protho notarial certificate (four parts) 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 th at the judge is elected and qualified as a judge of that judicial district court. Authorizes another person to make decisions for the child on the absent parent's behalf. Provisional custody by mandate Maximum period for provisional custody by mandate 1 year Can a parent previously denied custody by court order be given provisional custody by mandate? No Can a tutor confer provisional custody by mandate? Yes Civil, common, Socialist, & Islamic Four generally recognized systems of law

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    A quasi - religious system based on the teachings of the Koran that is a thorough integration of religious belief and the se cular state. Islamic law Consent of the parties, contain an accurate description of the tract of land, and stipulate the price in money The contract of sale must reflect what A contract whereby a person transfers ownership of a thing to another for a price in money Sale Give legal advice, render legal opinions, or represent constituents to secure for them their rights under law A notary may not A set of principles regardi ng acquiring and proving title to Louisiana immovables strictly adhered to and the purpose of assuring stability of land titles and entitling purchasers and others in land transactions to rely upon the public record The public records doctrine is

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    Donati ons made during the life of the donor Inter vivos donations A 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 th e mortgage Pact de non Alienando In and for a parish; being appointed by the governor, with the advice and consent of the senate after meeting the requirements set forth in Title 35 of the Louisiana Revised Statutes The notary in Louisiana is a public o fficial: Donations made in contemplation of death Mortis causa donations Authentic act or act under private signature A transfer of immovable property must be made by Statute R.S. 35:1

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    Duties and function of the Notary Public in Louisiana are established by Inter vivos donations and mortis causa donations The only methods by which property may be acquired gratuitously Does not create a presumption that the instrument is valid or ge nuine The recordation of an instrument Yes Predial Servitude on mortgaged property The right that confers on a person direct, immediate and exclusive authority over a thing The civil code defines "ownership" as By operation of law in the absence of the consent of the parties or through the voluntary actions of the parties How may obligations arise

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