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Powers & Duties of Notary

A notary proves a conveyance by a subscribing witness. What must the certificate include about that witness?

A

Only the witness's signature.

B

The name and substance of the witness's testimony and, if a subscribing witness, the witness's place of residence.

C

Only the witness's county and occupation.

D

No witness information if the deed is otherwise complete.

Correct Answer

B. The name and substance of the witness's testimony and, if a subscribing witness, the witness's place of residence.

AI Explanation

Proof by subscribing witness requires more detail than many users expect. Real Property Law §306 requires the certificate of acknowledgment or proof to state the matters done, known, or proved, together with the name and substance of the testimony of each witness examined, and, for a subscribing witness, the witness's place of residence. In practice, leaving out the residence detail is a classic proof-by-witness mistake.

Powers & Duties of Notary Question #188
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