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Signing Agent State Restrictions

The following states have certain restrictions that may apply to Signing Agents and their ability to handle loan signings in their state:

  • Connecticut - Requires an attorney’s signature on the title policy, but does not require attorneys to close real estate transactions. Nevertheless, by custom, attorneys close most real estate transactions in Connecticut.
  • Delaware - Requires an attorney admitted to the state bar to be present or involved in the closing of real property transactions.
  • Georgia - Requires an attorney admitted to the state bar to be present or involved in the closing of real property transactions.
  • Indiana - Requires a title insurance license for all closings.
  • Maryland - Requires a title insurance license for all closings.
  • Massachusetts - Requires an attorney admitted to the state bar to be present or involved in the closing of real property transactions. A Notary who is employed by a lender may notarize a document in conjunction with the closing of his or her employer's real estate loans.
  • Nebraska - Limits the fees Notaries may charge (to the statutory maximum fees for notarial acts only). No ancillary fees, such as a courier fee, may be charged.
  • Nevada - Limits the fees Notaries may charge (to the statutory maximum). These fees include an hourly travel fee based upon the time of day traveled.
  • New York - Certain companies providing assignments to signing professionals may choose to only utilize licensed attorneys.
  • North Carolina - Limits the fees Notaries may charge (to the statutory maximum fees for notarial acts). No other ancillary fees may be charged.
  • South Carolina - Requires an attorney admitted to the state bar to be present or involved in the closing of real property transactions.
  • South Dakota - Authorities conflict about whether Notary Signing Agents can conduct signings without being an attorney.
  • Texas - Home Equity Line of Credit (HELOC) loans are subject to Article XVI, Section 50 of the Texas Constitution and must be signed and closed in the office of a lender, attorney or title company.
  • Utah - Notaries are restricted from handling funds. For example, if a Notary Signing Agent handles funds at a loan signing, he or she must obtain a license.
  • Vermont - Requires an attorney admitted to the state bar to be present or involved in the closing of real property transactions.
  • Virginia - Restricts Notaries from conducting real property signings without an escrow license if they but once handle monies for closing costs.
  • Washington, D.C. - A licensed title insurance producer or a title attorney must be present at a closing appointment. While D.C. Notary Signing Agents are not technically required to hold a title insurance producer license, NSAs who seek to perform loan signings without a title insurance producer or title attorney present must be licensed as a title insurance producer.
  • West Virginia - Requires an attorney admitted to the state bar to be present or involved in the closing of real property transactions.

Note: These notices are based upon the best available information at the time of publication (November 30, 2011) and are not intended as legal advice. The conditions described above are subject to change at any time due to legislative, executive or administrative decisions or developments.