Glossary
Notary Public Terms:
- Notary Public: A commissioned official authorized to witness and certify the signing of legal documents and administer oaths.
- Acknowledgment: A formal declaration made by an individual that they have voluntarily signed a document in the presence of a notary public. This is typically required for deeds, contracts, and other legal documents.
- Jurat: A written statement added to an affidavit or sworn statement, indicating that it was sworn or affirmed before a notary public.
- Affidavit: A written statement made under oath or affirmation, typically used as evidence in legal proceedings.
- Signing Agent: A notary public who specializes in overseeing the signing of real estate documents, such as mortgage loans and refinancing agreements.
- Seal: An official stamp or embossed emblem used by a notary public to authenticate documents and attest to their validity.
- Certificate of Notarial Act: A written statement attached to a notarized document, providing details such as the date, location, and type of notarization performed.
- Notarial Record: A log or journal maintained by a notary public, documenting all notarial acts performed, including details of the parties involved and the type of document notarized.
- Oath: A solemn pledge or promise made by an individual, often sworn before a notary public, to tell the truth or fulfill a legal obligation.
- Venue: The location where a notarial act takes place, typically including details such as the county and state.
- Acknowledgment Certificate: A form attached to a document after it has been acknowledged by the signer, certifying that the notary public witnessed the acknowledgment.
- Surety Bond: A type of insurance purchased by a notary public to protect the public in case of errors or misconduct.
- Personal Appearance: The requirement for signers to physically appear before a notary public when signing certain types of documents, ensuring identity verification and preventing fraud.
- Notarial Act: Any action performed by a notary public, such as taking acknowledgments, administering oaths, or certifying copies of documents.
- Electronic Notarization: The process of notarizing documents electronically, using digital signatures and secure online platforms to verify identity and authenticate signatures.
Process Server Terms:
- Process Server: A person authorized to deliver legal documents, such as summonses, complaints, subpoenas, and court orders, to individuals involved in a legal case.
- Service of Process: The formal delivery of legal documents to the intended recipient, notifying them of their involvement in a legal proceeding.
- Summons: A legal document issued by a court that notifies an individual of a lawsuit and their obligation to appear in court or respond to the allegations.
- Complaint: A formal written document filed by a plaintiff that initiates a civil lawsuit, outlining the allegations against the defendant.
- Subpoena: A legal document requiring an individual to appear in court as a witness or produce specific documents or evidence relevant to a legal proceeding.
- Affidavit of Service: A sworn statement signed by the process server confirming the delivery of legal documents to the intended recipient, including details such as the date, time, and method of service.
- Serve: The act of delivering legal documents to the intended recipient in accordance with applicable laws and regulations.
- Defendant: The party against whom a legal action is brought, typically in a civil lawsuit or criminal case.
- Plaintiff: The party who initiates a lawsuit by filing a complaint or petition in court, seeking legal remedy or relief against the defendant.
- Registered Agent: A designated individual or entity authorized to accept legal documents on behalf of a business entity, such as a corporation or LLC, often appointed for service of process.
- Personal Service: The delivery of legal documents directly to the individual named in the documents, either in person or at their place of residence or business.
- Substitute Service: If the intended recipient cannot be personally served, legal documents may be delivered to another responsible person at the recipient’s residence or workplace.
- Service by Mail: In some jurisdictions, legal documents may be served by mail, following specific procedures outlined by law, such as requiring certified mail or acknowledgment of receipt.
- Service by Publication: If the whereabouts of the defendant are unknown or they cannot be located, legal documents may be served by publishing a notice in a newspaper or other designated publication.
- Proof of Service: Documentation provided by the process server, typically in the form of an affidavit or certificate, confirming that the legal documents were properly served on the intended recipient.
Loan Agent Signer terms:
- Loan Agent Signer: A professional who assists with the signing and notarization of loan documents, typically for mortgage or refinance transactions.
- Loan Documents: Legal paperwork associated with a loan transaction, including promissory notes, deeds of trust, mortgage agreements, and disclosure forms.
- Signing Appointment: A scheduled meeting between the borrower(s) and the loan agent signer to review and sign the loan documents.
- Closing: The final step in the loan process where all necessary documents are signed, funds are disbursed, and ownership of the property is transferred.
- Promissory Note: A legal document signed by the borrower(s) promising to repay the loan according to the terms and conditions outlined, including the repayment schedule and interest rate.
- Deed of Trust (or Mortgage): A document that pledges a property as collateral for a loan, giving the lender the right to foreclose on the property if the borrower fails to repay the loan.
- Closing Disclosure: A document provided to the borrower(s) before closing that outlines the final terms of the loan, including the loan amount, interest rate, closing costs, and other fees.
- HUD-1 Settlement Statement (or Closing Statement): A document that itemizes all the costs and fees associated with the loan transaction, including lender fees, title charges, and prepaid expenses.
- Notarization: The process of officially certifying a document by a notary public, typically involving the notary’s signature, seal, and acknowledgment of the signer’s identity.
- Signing Package: The collection of loan documents that borrowers are required to review, sign, and sometimes initial during the closing process.
- Power of Attorney (POA): A legal document that authorizes an individual (the attorney-in-fact) to act on behalf of another person (the principal) in legal or financial matters, which may be used if the borrower cannot attend the signing appointment.
- Closing Agent: The individual or entity responsible for overseeing the loan closing process, including the review and execution of loan documents.
- Loan Officer: A representative of the lender who assists borrowers with the loan application process, including gathering documentation, verifying income and assets, and explaining loan options.
- Escrow Officer: A neutral third party responsible for managing the escrow process, including the collection and disbursement of funds and the recording of legal documents.
- Rescission Period: A period of time after closing during which the borrower has the right to cancel the loan transaction without penalty, typically applicable to certain types of mortgage refinancing.
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