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Powers & Duties of Notary

A notary is the grantor in a deed and offers to notarize the grantee's signature on that same deed. What is correct?

A

The notary may proceed because only the grantee is appearing.

B

The notary may proceed if two witnesses are present.

C

The notary is disqualified because the notary is a party and directly interested in the conveyance.

D

The notary may proceed if no fee is charged.

Correct Answer

C. The notary is disqualified because the notary is a party and directly interested in the conveyance.

AI Explanation

Party interest disqualifies the notary. The booklet’s "Notary public—disqualifications" section states broadly that a notary who is a party to or directly and pecuniarily interested in the transaction is not capable of acting in that case. In contrast, mere familiarity with the parties is not the problem; the disqualification arises from direct interest in the instrument itself.

Powers & Duties of Notary Question #108
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