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Misconduct & Prohibited Acts

A non-attorney notary charges a fee to prepare a deed and advises the customer how title should be transferred. Which statement is most accurate?

A

This is permitted because notaries may prepare any document they later notarize.

B

This is unauthorized practice of law, and Judiciary Law §485 makes violation of §484 a misdemeanor.

C

This is only a civil violation unless the deed is recorded.

D

This is permitted if the customer signs a waiver.

Correct Answer

B. This is unauthorized practice of law, and Judiciary Law §485 makes violation of §484 a misdemeanor.

AI Explanation

Preparing deeds for compensation is classic unauthorized practice. Judiciary Law §484 bars a non-attorney from preparing deeds and other instruments affecting real estate for others, and Judiciary Law §485 makes violation a misdemeanor. In practice, the notary’s commission does not create an exception to these attorney-only rules.

Misconduct & Prohibited Acts Question #473
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