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Misconduct & Prohibited Acts

Which statement best compares the consequences of a false acknowledgment certificate?

A

A knowingly false acknowledgment may amount to forgery in the second degree and can also expose the notary to civil damages.

B

A false acknowledgment creates only a fee dispute under Executive Law §136.

C

A false acknowledgment is never criminal if the signature is genuine.

D

A false acknowledgment affects only recording and never the validity of the instrument.

Correct Answer

A. A knowingly false acknowledgment may amount to forgery in the second degree and can also expose the notary to civil damages.

AI Explanation

False certificates can trigger both criminal and civil exposure. The booklet explains that a knowingly false certificate of acknowledgment can constitute forgery in the second degree under Penal Law §170.10, and Real Property Law §330 allows damages to an injured person for malfeasance or fraudulent practice in acknowledgment-related duties. Importantly, this is much more serious than a mere technical defect cured by Executive Law §142-a.

Misconduct & Prohibited Acts Question #182
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