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Powers & Duties of Notary

For proof by a subscribing witness, when may the officer take the proof under Real Property Law §304?

A

Only if the officer personally knows or has satisfactory evidence of the witness's identity.

B

Only if the officer personally knows the grantor.

C

Only if the witness pays the swearing fee first.

D

Only if the proof is taken in the county of the officer's qualification.

Correct Answer

A. Only if the officer personally knows or has satisfactory evidence of the witness's identity.

AI Explanation

The officer must identify the witness, not just the document. Real Property Law §304 says the proof must not be taken unless the officer is personally acquainted with the subscribing witness or has satisfactory evidence that the witness is the same person who signed as witness. For contrast, §303 addresses the person making an acknowledgment, which is a different identity inquiry.

Powers & Duties of Notary Question #230
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