Sample Notary Exam 1

Question 10

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10) Serious notary misconduct can result in fines as well as criminal prosecution. A notary who commits perjury can be charged with which of the following?
          a) Infraction
          b) Misdemeanor
          c) Felony
          d) None of the above

Answer: c

          Most notary misconduct can result in the charge of a misdemeanor but five specific actions are serious enough to be listed as a felony. Perjury is one of these. In addition to a felony, the notary may also face 2,3,or 4 years in prison for perjury. There are two which have to do with misconduct which results in the recording of a Deed of Trust.

1. Any notary act performed with the intent to defraud in relation to a Deed of Trust.
2. Any person acting as a notary without being duly commissioned and their action places an encumbrance on a party affecting title to real property (such as with a Deed of Trust).

A notary committing forgery (by completing a false acknowledgment) may be charged with a misdemeanor or felony, depending upon the situation and particularly whether or not the false acknowledgment is used to transfer property (Grant deed) or encumber property (Deed of Trust). Don’t forget that the notary may also be charged with perjury for falsifying an acknowledgment.
          The other action whereby a felony may be charged concerns a person (not the notary) who makes a false sworn statement to a notary for a document which affects transfer of property title or places an encumbrance on a party. An example of this would be if someone brings an Affidavit of Death of Joint Tenant document to a notary and swears to the notary and signs that document stating that a particular person has deceased when in fact, they have not deceased. Once this document is recorded, their falsification will result in transferring that supposed deceased person’s name from title. This action is a felony and that person may additionally be fined up to $75,000.  Note that this charge describes an action by someone using a notary for false purposes and not notary misconduct.             

• Anyone who knowingly makes a false sworn statement to a notary for a document which affects transfer of property title or places an encumbrance on a party is guilty of a felony. Any person filing with the county recorder false or forged documents of this nature is guilty of a felony and the fine on this action can be up to $75,000.