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Powers & Duties of Notary

A notary is named as one of two assignees in an assignment of mortgage and plans to take the assignor’s acknowledgment. Which answer is best under the booklet note on disqualification?

A

The acknowledgment is proper because only a sole assignee is disqualified.

B

The acknowledgment is a nullity because one of the assignees may not take it.

C

The acknowledgment is proper if the other assignee appears in person.

D

The acknowledgment is valid after county-clerk authentication.

Official source: Notary Public License Law (March 2026)

Reference: Executive Law §135

Source checked September 7, 2026

✓

Correct Answer

B. The acknowledgment is a nullity because one of the assignees may not take it.

Detailed Explanation

Beneficial interest can make the acknowledgment void, not merely irregular. The booklet note “Notary public—disqualifications” states that the acknowledgment of an assignment of a mortgage before one of the assignees is a nullity. By contrast, statewide notarial jurisdiction under Executive Law §135 does not cure a direct pecuniary interest.

Powers & Duties of Notary Question #479
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