Which of the following best describes the term used to describe the act of the signer putting their 'free act and deed' in the instrument in the acknowledgment?

Prepare for the Texas Notary Public Test. Use flashcards and multiple choice questions with hints and explanations. Ace your exam!

Multiple Choice

Which of the following best describes the term used to describe the act of the signer putting their 'free act and deed' in the instrument in the acknowledgment?

Explanation:
The act described is an acknowledgment. In an acknowledgment, the signer states that they executed the instrument as their own free act and deed, and the notary records that the signer appeared, identified themselves, and acknowledged the signature. The phrase “free act and deed” is specific to acknowledgments, highlighting that the signing was voluntary and purposeful. Attestation refers to the notary witnessing the signature and certifying that it occurred, which is a broader function and not the signer’s declaration about their own act. Jurat involves swearing or affirming the truth of the contents, which isn’t what's being described here. Certification can refer to certifying a copy or other attestations, but it doesn’t capture the signer’s declaration of their own signing in the instrument.

The act described is an acknowledgment. In an acknowledgment, the signer states that they executed the instrument as their own free act and deed, and the notary records that the signer appeared, identified themselves, and acknowledged the signature. The phrase “free act and deed” is specific to acknowledgments, highlighting that the signing was voluntary and purposeful.

Attestation refers to the notary witnessing the signature and certifying that it occurred, which is a broader function and not the signer’s declaration about their own act. Jurat involves swearing or affirming the truth of the contents, which isn’t what's being described here. Certification can refer to certifying a copy or other attestations, but it doesn’t capture the signer’s declaration of their own signing in the instrument.

Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy