Louisiana Notary Vocabulary: Definitions and Legal Concepts, Exams of History

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Louisiana Notary Vocabulary with

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Abstract - ANSWER-An abstract is a history of the title to property as revealed by the public records. Acceleration clause - ANSWER-Clause used in an installment note and mortgage which gives the lender the right to demand payment in full upon the happening of a certain event, such as failure to pay an installment by a certain date, change of ownership without the lender's consent, destruction of the property, or other event in which endangers the security of the loan. Accessory contract - ANSWER-A contract is necessary when it is made to provide security for the performance of an obligation. Suretyship, mortgage, pledge, and other types of security agreements are examples of accessory contracts. La. C.C. art 1913. Accession - ANSWER-Acquiring title to additions or improvements to property as a result of natural growth, labor, the annexation of fixtures or the accretion of alluvial deposits along the banks of streams. La. C.C. art. 483, et seq. Acknowledged act - ANSWER-Any act or instrument in writing signed by the parties in the presences of two witnesses and then taken by the party(ies) or the witness(es) before a notary and two witnesses; the original act signed out of the presence of the notary Appearer - ANSWER-A person who goes before an official authorized to administer oaths, take acknowledgments, or make authentic acts, and who makes a declaration, executes or acknowledges an instrument of writing. Appraisal - ANSWER-The process of valuing property; a valuation of property by two or more appraisers who are appointed and authorized by a court to place a value on designated property as a part of a court proceeding. Appurtenances - ANSWER-A right, privilege, or property that is considered incident to the principal property for purposes such as passage of title, conveyance or inheritance; a thing that is necessarily connected with the use and enjoyment of another thing. State Farm Fire & Cas Co v. Pfiffer, 399 So.2d 1250 (la.App. 1st Cir. 1981) Ascendant - ANSWER-One who precedes in lineage (parent, grandparent); an ancestor.

Assignment - ANSWER-The transfer of claim, right, interest,or property from one to another; the instrument by which the transfer is effected. Assumption deed - ANSWER-An act of sale in which the buyer agrees to assume payment of the seller's mortgage. Attest - ANSWER-To witness something. Attorney in fact - ANSWER-One who is authorized to act for or represent another (principal), usually in business matters, whose authority may be expresses or implied; a representative. Sometime referred to by common-law terms as "agent" or "attorney-in- fact"- Acknowledgment - ANSWER-A formal declaration by a party before a notary public in the presence of two witness by the person who signs an instrument to the effect that it is his own free and voluntary act done for the purposes therein expressed. Acknowledgment of paternity - ANSWER-A formal written declaration whereby a person established himself as the natural father of a child. Acquets and gains - ANSWER-A civilian concept referring to the matrimonial regime of community property; acquets means all things acquired, gains is the increase in the value of property through the skill or labor of a person , particularly a spouse See C.C. art. 2338 Acquisitive prescription - ANSWER-A mode of acquiring ownership of other real rights by uninterrupted possession for a period of time Act under private signature - ANSWER-Any act or instrument, in writing signed by a person or persons not in the presences of a notary that may or may not be witnessed Acquittance - ANSWER-A release usually in writing, from an obligation Administrator - ANSWER-A person appointed by the court as the succession representative to mange the assets and liabilities of an intestate decedent. Affiant - ANSWER-One who makes an affidavit Affidavit - ANSWER-A declaration or statement of facts personally known to the affiant reduced in writing and sworn to by the affiant before a notary. Affidavit of distinction - ANSWER-An affidavit executed before a notary by a person providing identifying information to distinguish said person from a judgment debtor with a same or similar name and then recorded in the mortgage records of the parish where the judgment is recorded. The affidavit is executed if the judgment creditor cannot be located or does not comply with R.S. 9:

Agreement - ANSWER-Contract Agreement to sell or buy - ANSWER-Binding contract to buy or sell in future Aleatory contact - ANSWER-An agreement in which the effects thereof depend on a uncertain event. La. C.C. art 2982. Alienate - ANSWER-To transfer property or a right to the ownership of another, expecially by an act of the owner rather than by inheritance. Alluvion - ANSWER-An increase to the land caused by the buildup of deposits from running water. Antichresis - ANSWER-A pledge of property "when the security given consists of immovables." A written contract by which the debtor pledges the revenues of a immovable to the creditor as security for a debt. La. C.C arts. 3135, 3179. The creditor acquires by the contract of antichresis "the right of reaping the fruits or other revenues of the immovable to him given in pledge, on condition of deducting annually their proceeds from the interests, if any be due him and afterwards from the principal of his debt." La C.C art 3176 Appearance clause - ANSWER-Clause giving full status of a natural or juridical person (e.g., corporation or partnership) in any legal instrument. Authentic act - ANSWER-A writing executed before a notary public or other officer authorized to perform that function, in the presence of two witnesses and signed by each party who executed it by each witness and by each notary public before who it was executed.