Louisiana Notary Practice (Questions Compiled While Studying) with Complete Solutions!

Notary's statement placed on the face of a document to identify and connect it with another's instrument passed before the notary. - ANSWER-Paraph Where is a paraph is most commonly made on? - ANSWER-A promissory note to identify it with a mortgage, priviledge, or other security device. What is an example form of a recitation of a paraph? - ANSWER-"And I, the undersigned Notary Public, paraphed the Note "Ne Varietur" for identification with this Sale with Mortgage and delivered the note to the Seller who acknowledges receipt thereof." What is included in a paraph? - ANSWER-1. Name of the act 2. date the act was passed 3. signature of the notary The division of property owned in common into distinct physical shares. - ANSWER-Partition Predial Servitude on Mortgaged Property? - ANSWER-Yes If a predial servitude substantially impairs a mortgaed property... - ANSWER-the mortgagee has a right to demand payment of debt in full A property sold to enforce a mortgage is sold___ of predial servitude - ANSWER-Free(Note the user of servitude can take action against Issuer of the servitude) What strong public policy is fundamental to the concept of partition. - ANSWER-No one should be compelled to hold property in indivision with another. What excludes the right to partion? - ANSWER-If it had been agreed upon in the contract of no partition or by law. When is partition excluded by law? - ANSWER-If partitioning the land substantially takes from the value of the other portions and renders them of no use. What could take place when partition is excluded by law? - ANSWER-It can by sold for example by sherriff's sale and the proceeds divided amongst owners in indivision. What is the purpose of a partition? - ANSWER-To do away with fractional ownership and to make perfect each co-owner's title or ownership in individual physical shares. In the case where partition is judicially ordered, the court will appoint... - ANSWER-a notary to make the partition in accordance with law. The act of partition is considered? - ANSWER-A conveyence