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TERMS AND DEFINITIONS

Acknowledgment - An acknowledgment is a formal declaration or admission by a party who has executed an instrument, before a notary public or other duly authorized officer to take acknowledgments, that such instrument is that persons act and deed. It is placed at the end of a document or separately attached. The purposes of an acknowledgment are to entitle the instrument to be recorded or to be received in evidence or both, without further proof of execution.

Administrator – The person appointed to administer an estate of a person who died without a will.

Affiant - The person who swears or affirms that the statements or allegations in the body of an affidavit are true.

Affidavit - An affidavit is a written or printed declaration or statement of facts made voluntarily and confirmed by the oath or affirmation of the party making it, taken by a notary or other officer having authority to administer such oath. It differs from a deposition in being ex parte * and voluntary without notice or cross-examination.

Affidavit of subscribing witness - The notary validates the signature of an individual who witnessed another individual sign a document. Used only in limited circumstances.

Apostille - A document issued by the Secretary of the Commonwealth which verifies a notary’s capacity. It is attached to a notarized document being sent to foreign countries which have approved its use as a means of verification.

Attest - To confirm (usually in writing) that a document is genuine.

Attorney-in-fact - An individual authorized by another person to act on his or her behalf through written power of attorney. Too often people sign themselves as attorney-in fact for relatives or associates without any power of attorney. If someone claims to be able to sign for another, a demand to see the written power of attorney is required. In real estate matters the power of attorney must be formally acknowledged before a notary public so that it can be recorded along with the real estate deed, deed of trust, mortgage, or other document.

Credible Witness Affidavit - A sworn written statement by someone who is personally known to the notary and who personally knows the person whose signature is to be notarized. Used only when the signer lacks acceptable identification and only in limited circumstances.

Deponent - A person testifying (stating answers in response to questions) at a deposition.

Deposition - The taking and recording of testimony of a witness under oath before a court reporter in a place away from the courtroom before a trial. A deposition is part of permitted pre-trial discovery (investigation), set up by an attorney for one of the parties in a law suit demanding sworn testimony of the opposing party (defendant or plaintiff), a witness to an event or an expert intended to be called at trial by the opposition.

Dishonor - To refuse to pay the amount or the sum due on a promissory note.

Executor - The person appointed to administer the estate of a person who has died leaving a will which nominates that person.

Ex parte - Latin meaning “for one party”, referring to motions, hearings or orders granted on the request of and for the benefit of one party, without notice to opposing side.

Jurat - Latin for “been sworn”, a statement or certification added to an affidavit, telling when, before whom and, Sometimes where the affidavit was made.

LS. - In Latin, locus sigilla translates into English as - place of seal.

Mortgagor - The person who borrows money and pledges real estate for the money provided by the person who is known as the mortgage.

Negotiable instrument - A check, promissory note, bill of exchange or any document representing money payable which can be transferred to another by handing it over (delivery) and /or endorsing it (signing one’s name on the back either with no instructions or directing it to another, such as “pay only to Mary Jones“.

Oath - To swear or affirm to tell the truth, the whole truth and nothing but the truth under the penalties of prosecution for the crime of perjury.

Pecuniary - Relating to money, as in a pecuniary interest.

Probate - The process of proving a will as valid in a court of law.

Power of attorney - A written document signed by a person giving another person the power to act in conducting the signer’s business, including signing papers, checks, title documents, contracts, handling bank accounts and other activities in the name of the person granting the power. The person receiving the power of attorney (the agent) is “attorney in fact” for the person giving the power. There are two types of powers: A general power, which covers all activities, and a special power of attorney, which grants specific and limited powers, such as selling a particular piece of real estate, or handling bank accounts or other limited activities.

Protest - A written demand for the payment of the amount owed on a promissory note that has not been paid when due or a check has been dishonored (not paid by a bank).

SS. - In Latin - Scilicet translates into English as - in particular or namely.

Subscribe - To sign at the end of a document.

Surety - A guarantor of payment or performance if another fails to pay or perform, such as a bonding company which posts a bond (in our case) for a notary public.

Transcript - A written copy of a witness testimony taken at a deposition.

Venue - The clause in an affidavit designating the place where it was sworn. The county or locality in which a cause of action occurs.

Verification – A written statement of fact supported by oath or affirmation or made subject to the penalties of perjury under 19 Pa. C.S. 4904 that a statement or pleading is true, located at
the end of a document.

 

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