(The attestation clause is the statement at the end of the will wherein the witnesses certify that the document was executed before them (NPLL, Professional Conduct, Restrictions and Violations)or has an affect (such as the transferring, terminating, legal right, interest, obligation or status) of any written instrument which represents a legal document, commercial paper, public record (including those to be filed in or with a public office or servant) or official instrument created by a public office, servant or government.
(ie: creating a false deed) When a Public Servant (an officer authorized by law to make such official instruments) intentionally issues the instrument knowing that it contains false information.
A County Clerk may stamp, print, photograph, engrave or fax a document confirming the authenticity of a Notary Public when issuing a Certificate of Official Character or a Certificate of Authentication (when documents will be used outside NYS needed prior to obtaining an Apostille).
as long as the signer makes personal appearance before the Notary with the signed document at the time of notarization to admit that the signature is his or her own.
(However, for a jurat notarization, requiring an oath, the document usually must be signed in the presence of a Notary.
This is the subsection that tells you this is no longer the case In the absence of the actual document Signer, the Subscribing Witness presents a document before a Notary Public to wit they have previously witnessed the signature of the document signer.
Proof must not be taken unless the officer is personally acquainted with such witness, or has satisfactory evidence that he is the same person, who was a subscribing witness to the conveyance. [see Fact #44] Although a subscribing witness is mentioned in this section, it will most likely not be allowed in any transaction that involves real estate.
If a person is financially injured by a Notarys negligence or failure to properly perform a Notarial act whether intentional or unintentional, the injured party may sue the Notary in civil court and the Notary, possibly, may be ordered to pay all resulting damages, including attorneys fees. A Notary Public who advertises in ANY language OTHER than ENGLISH must include in their advertisement the following statement: I am not an attorney licensed to practice law and may not give legal advice about immigration or any other legal matter or accept fees for legal advice.
A notary public who has qualified and filed a certificate of official character in an additional county, must also affix to each notarizing instrument their second official number and County in black ink.[Fact #46]Acts performed by notaries public and commissioners of deeds dealing with official certificate & other acts, shall not be deemed invalid, impaired or defective if they are questioned for defects under the following circumstances: The term conveyance includes every written instrument, by which any estate or interest in real property is created, transferred, mortgaged or assigned, or by which the title to any real property may be affected, including an instrument in execution of power, although the power be one of revocation only, and an instrument postponing or subordinating a mortgage lien; except a will, a lease for a term not exceeding three years, an executor contract for: postponement or subordination of a mortgage lien, lease less than or equal to three years, executory contract to sell or purchase land and an instrument allowing an agent or attorney to convey real property on behalf of the owner.
Both are equally binding, meaning that if it is found out later that the signer lied to the Notary, the signer will be charged with Perjury on either administration.
Subscribing witness brings document to Notary, takes an Oath, Signs document and produces their place of residence on the document.
The acknowledgement or proof of conveyance of real property located in NYS or any other type of written instrument where a woman is named solely as the owner of such instrument may contain only the married womans signature.
Many years ago woman were prohibited from transferring property, even if solely named, without her husband signing the deed in conjunction with her signature (even when husband was not named on the property).
A Notary should notarize signatures of the witnesses on a document described as a will only if a Notarial certificate is provided or stipulated for each signer and the signers are not asking questions about how to proceed.