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ACKNOWLEDGMENT
- A formal declaration before an authorized official
(a notary public) by a person signing an instrument
that such execution is his or her free act and deed.
The term also refers to the notary's certificate on
the document indicating that it was so acknowledged.
ADMINISTER - To discharge the duties of an
office; to give (as in the giving of an oath). AFFIDAVIT - A written statement of facts
made voluntarily and confirmed by the oath or
affirmation of the party making it before an officer
authorized to administer oaths, i.e., a notary public. AFFIRM - To make a solemn, formal
declaration under the penalty of perjury that certain
statements are true. An affirmation is legally
equivalent to an oath and may be substituted for an
oath when a document requires an oath for its
execution, i.e., an affidavit. AFFIX - To attach or impress the notary seal
to a document. APOSTILLE - A certificate of notarial
authority issued by the Florida Secretary of State for
notarized documents being sent out of Florida to those
countries who are parties to the international treaty
commonly known as the Hague Convention. ATTEST - To bear witness to or to certify. AUTHENTICATION - A process by which the
Florida Secretary of State certifies or verifies the
status of a notary public. An Apostille or a
Certificate of Notarial Authority is attached to the
notarized document. CERTIFIED COPY - A copy of a document or
record, signed and certified as a true copy by the
public official who has custody of the original
record. NOTE: A notary may make an "attested
photocopy," but not a certified copy. A certified
copy is not the same as an original document. CODICIL - A supplement or addendum to a
will. COERCE - To force into submission or
compliance. COMMISSION - The certificate issued by the
Governor verifying appointment as a notary public and
authorizing the notary public to perform the official
acts of that office. The commission also bears the
commission number and the beginning and ending dates
of the term of
appointment. CUSTODIAN OF THE DOCUMENT - The person who
has charge or custody of the document. In the case of
making an attested photocopy, DEED -A document by which a person conveys (transfers) real property.
DEPONENT - The person giving testimony in a deposition. DEPOSITION - The testimony of a witness, under oath or affirmation, taken outside of court in which lawyers ask oral questions of the witness.
EXECUTE A DOCUMENT - To perform all formalities necessary to make a document fully effective; often a matter of signing, but may require delivery or other elements. FLORIDA NOTARY PUBLIC - A public officer appointed by the Governor whose function is to administer oaths; to take acknowledgments of deeds and other instruments; to attest to photocopies of certain documents; and to perform other duties specified by law. FLORIDA STATUTES - Legislatively enacted laws which govern our state, as opposed to court-decided or unwritten common laws. FREE ACT AND DEED - To admit one's act and assume the responsibility for it. GRANTEE - A person who receives the deed of real property from the grantor, i.e., generally the buyer. GRANTOR - The person who transfers a deed of real property, i.e, generally the seller. INSTRUMENT - A written document. JURAT - The written notarial certificate on any sworn statement or affidavit completed by the notary public indicating that the document was sworn or affirmed to by the signer. LEASE - An agreement between two parties, where one party is the owner of certain property and grants to another party the right to possess, use and enjoy such property for a specified period of time in exchange for periodic payment of a stipulated price, referred to as rent. LESSEE - One who rents property from another. LESSOR - One who rents property to another. LIEN - A legal right or security attached to real estate or personal property until the payment of some debt, obligation, or duty. LITIGATION - A lawsuit or legal action. MALFEASANCE -The doing of an act which a person ought not to do at all. MISFEASANCE - The improper doing of an act which a person might lawfully do. NEGLIGENCE - The failure to use such care as a reasonably prudent and careful person would use under similar circumstances. NOTARIAL ACT - The officials acts of a notary public administering an oath, taking an acknowledgment, attesting to a photocopy, or any other other act authorized by law. NOTARIAL CERTIFICATE - A written statement made by the notary public certifying specific facts of the notarial act performed. OATH - Any form of attestation or pledge by which a person signifies that he or she is bound in conscience and out of a sense of responsibility to a Supreme Being to the truthfulness for some statement. Willfully swearing to untrue statements constitutes perjury. PERJURY -Making a false statement under oath or affirmation. Perjury is a felony punishable by a fine and/or prison term. PERSONALLY KNOWN - Having an acquaintance derived from association with an individual, which establishes the individual's identity with at least a reasonable certainty. POWER OF ATTORNEY - A document authorizing a person to act as another's agent or attorney for a specified purpose. PRINCIPAL - The person making the power of attorney. ATTORNEY IN FACT - The person authorized to act for another by power of attorney. REASONABLE CARE - The degree of care which a person of ordinary prudence and intelligence would exercise in the same or similar circumstances. Failure to exercise such care is negligence. SATISFACTORY EVIDENCE - Any one of the acceptable forms of identification specified in section 117.05(5), Florida Statutes, providing that the notary does not have any information, evidence, or other circumstances which would lead a reasonable person to believe that the person making the acknowledgment (or taking the oath) is not the person he or she claims to be. SOLEMNIZE THE RITES OF MATRIMONY - To perform a marriage ceremony. SUBSCRIBE - To sign a document. SWEAR - To take an oath. TESTATOR - The person making a will. VENUE - The location of the notarial act, usually stated in the form:
WILL - An instrument by which a person makes a disposition of his or her property, to take effect after his or her death.
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