Sample Questions

CRITICAL KNOWLEDGE SAMPLE SCENARIO

A property description has been erroneously described in a previous Act of Donation, recorded in St. Martin Parish, passed before Sidney McClain as notary, but prepared by Marc Antoine, also a notary. The donation was from Jethro Thompson to the Revelation World Prayer Center, Inc., who appeared through its authorized pastor, Franklin Covey. For the questions below, assume that Lee Lindsey can be a notary if needed, and Mark Wahlberg and George Benson are witnesses. Refer to the referenced document below to answer some of the questions.

I. STATE OF LOUISIANA

PARISH OF ________________

II.  ___________________________________________

BEFORE the undersigned Notary Public, duly commissioned and qualified in and for the State and Parish aforesaid, and in the presence of the good and competent undersigned witnesses, PERSONALLY CAME AND APPEARED:

III.                            ____________________________________, a Notary Public duly commissioned and qualified in and for the Parish of ______, State of Louisiana, whose present mailing address is __________________________________

IV             That affiant did act as Notary Public in regard to a certain __________ in the amount of ______________, between ________________. as (________,) and __________________, as (_____________), recorded on __________, 20___, under Entry No. _________ of the records of _______________ Parish, Louisiana,  affecting  the following described property:

V.              {Here describe the property as it appeared in the original act you notarized}

VI.             In the aforesaid (____________), an error was made in the description of the property. The property should have read as follows: {Here set forth corrected description}

{Here set forth corrected description}

VII.            Now, wishing to take advantage of La. R.S. _______________and more particularly that provision permitting a notary public to file an affidavit of correction to correct a clerical error, AFFIANT does execute this affidavit to amend the aforesaid ___________ to correct the original document as indicated above to include the correct description of the property as follows, and for the Clerk of Court for _________ Parish, Louisiana to make a marginal notation on the mortgage above described making reference to this Act of Correction.

VIII           THUS DONE AND PASSED at ________, Louisiana, on the _____day of _____, 2016 in the presence of the undersigned witnesses who hereunto sign their names together with said appearer and me, Notary, after due reading of the whole.

WITNESSES:

____________________________                      _________________________________

Print Name                                                            Affiant

____________________________                       _________________________________

Print Name                                                            Notary, Name, ID#

 

Questions 1 – 12

  1. What specific document title will you place at item II concerning the clerical error and not change the terms of the donation:
    1. Act of Correction by Notary
    2. Act of Correction by Party
    3. Act of Revised Donation
  2. Name the persons who could sign the Act of Correction by Notary as an affiant in clause VIII
    1. Jethro Thompson and Franklin Covey
    2. Sidney McClain and Revelation World Prayer Center
    3. Sidney McClain or Marc Antoine
    4. Jethro Thompson, Franklin Covey and Lee Lindsey
  3. Name the person who notarizes the document above at item VIII
    1. Franklin Covey
    2. Jethro Thompson
    3. Lee Lindsey
  4. Presume Sidney McClain would sign as an affiant to correct a clerical error. Name all other persons who would be required to sign.
    1. Jethro Thompson, Franklin Covey and Lee Lindsey
    2. Lee Lindsey, Mark Wahlberg and George Benson
    3. Lee Lindsey only
    4. Marc Antoine only
  5. If the error was not limited to a clerical mistake but an important condition for the donation was also omitted, what document title would you place at item II?
    1. Act of Correction by Notary
    2. Act of Correction by Party
    3. Act of Revised Donation
  6. Assume no notary was ever involved in the transaction above and there was no error in the original transaction. If the original donation was done by act under private signature and was not witnessed, what can be done to give legal effect to this transaction?
    1. Sidney, Marc or Lee could notarize Jethro’s and Franklin’s signatures before Mark and George, as witnesses, so they could acknowledge the private act.
    2. Sidney, Marc or Lee could notarize Jethro’s and Franklin’s signatures by affidavit so they could acknowledge the private act under L.R.S. 13:3720
    3. Neither a or b
  7. In the original donation, who is required to sign as appearer to give the document legal effect?
    1. Jethro Thompson only since he is donating
    2. Jethro Thompson and Franklin Covey
    3. Franklin Covey only
    4. Jethro Thompson and Revelation World Prayer Center through Franklin Covey
  8. If there was a condition in the donation that the church was required to use the donated property to build a youth center, what statement below is false?
    1. This is an example of onerous donation.
    2. The donation is effective even though the church signed its acceptance several weeks after Thompson signed his portion.
    3. The church will not be allowed to mortgage the property under the concept of pact de non alienando.
  9. Which of the following statutory directives would not have to be included in the appearance clause in the donation for Jethro Thompson?
    1. Marital status
    2. Property tax matter designee
    3. Declaration of change in marital status
    4. All of the above
  10. What statute would be cited at item VIII of the referenced document?
    1. La. R.R. 35:2
    2. La. R.S. 35:2 (A) (1)
    3. La. R.S. 35:2.1
  11. Presume in the facts above, Sidney McClain is incapacitated and Marc Antoine is deceased, but Lee Lindsey has possession of the records, having taken over Antoine’s notary practice. Which statement below is correct?
    1. The referenced document can never be completed.
    2. Lee Lindsey can sign as affiant and notary at item VIII in this special circumstance.
    3. Lee Lindsey can sign as affiant at item VIII before another notary.
    4. Lee Lindsey can sign at item VIII before another notary and two witnesses.
  12. The referenced document, once completed, will take effect:
    1. Upon recordation in Lafayette Parish
    2. Retroactive to the filing date of the original donation in Lafayette Parish
    3. Upon recordation in St. Martin Parish
    4. Retroactive to the filing date of the original donation in St. Martin Parish

Answer Key

Question              Answer              Page for Reference

     1                           A                          483 – 484

     2                           C                              483

     3                           C                              483

     4                           B                              483

     5                           B                              484

     6                           C                              129

     7                           D                         129, 131, 288

     8                           C                               313

     9                           B                          309, 324 – 325

    10                          C                            483, 538

    11                           C                              538

    12                           D                              538

 

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