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Legal Terms & Definitions

Which of the following statements is NOT correct?

A

A protest is a formal written statement by a notary about presentment and dishonor of certain commercial paper.

B

Proof is the formal declaration made by a subscribing witness to the execution of an instrument.

C

Litigation means the act of carrying on a lawsuit.

D

A mortgage on real property transfers possession of the real estate to the lender by definition.

Official source: Notary Public License Law (March 2026)

Reference: Legal Terms & Definitions

Source checked September 7, 2026

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Correct Answer

D. A mortgage on real property transfers possession of the real estate to the lender by definition.

Detailed Explanation

A New York mortgage is a security lien concept, not a transfer of possession. In the booklet’s definitions, “Mortgage On Real Property” is an instrument creating a lien upon real estate as security for a debt. Not to be confused with an outright conveyance of title or possession.

Legal Terms & Definitions Question #424
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