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Powers & Duties of Notary

An assignment of mortgage names two assignees, and one of them is also the notary who plans to take the acknowledgment of the assignor. What is the safer exam answer under the booklet's disqualification discussion?

A

The acknowledgment is valid because assignees are not named in the disqualification examples.

B

The acknowledgment is valid if the notary does not receive a fee.

C

The acknowledgment is a nullity because the notary is beneficially interested in the instrument.

D

The acknowledgment is proper if taken outside the notary's county of qualification.

Correct Answer

C. The acknowledgment is a nullity because the notary is beneficially interested in the instrument.

AI Explanation

Direct beneficial interest defeats capacity to act. In the booklet's "Notary public—disqualifications" discussion, an acknowledgment by one of the assignees of an assignment of mortgage is specifically described as a nullity. Unlike a merely unrelated witnessing role, the assignee-notary is personally interested in the very instrument.

Powers & Duties of Notary Question #211
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