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Notarial evidence forms introduced for mortgages

CommissionThumb.jpgNotary Signing Agents are beginning to see a new recordkeeping requirement at loan closings, as one financial institution applies a key regulatory standard arising out of the foreclosure crisis and housing market collapse to the origination of new loans.

At least one major lender has started requiring NSAs to complete a “notarial evidence” form with mortgage packages. The form includes a section to record the Notary’s name, commission number and expiration date, the names of all signers at the loan signing appointment and the method used to identify them, and the loan number. It also includes descriptions of each loan document notarized and the date, time and type of notarial act performed. The “notarial evidence” form is completed separate and apart from the NSA’s journal entries for the loan documents and sent in with the signed loan documents and other stipulations from the loan signing.

The historic National Mortgage Settlement reached in February between the government and five major banks servicing mortgages requires the banks to keep records of all notarial acts performed on foreclosure and other mortgage servicing documents. The “notarial evidence” form is the first evidence of the loan servicing reforms being extended to the origination side of the mortgage industry, a trend industry observers expected would take place.

An upcoming NNA webinar will take a look at the “notarial evidence” form in detail and how it will affect Signing Agents working with loan documents. Keep watching our Facebook page and webinar page for updates. Members of our Notary Signing Agent Section are also invited to discuss this issue at the Section LinkedIn discussion group.

David Thun is the Assistant Managing Editor with the National Notary Association.

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27 Aug 2017


Deborah Lancaster

07 Oct 2017

Can the Notary keep a copy of this form for his/her records?

National Notary Association

09 Oct 2017

Hi Deborah. To help us answer your question can you tell us what state you are commissioned in?


11 Feb 2020

Working through the Study Guide, when should I take the test?

National Notary Association

12 Feb 2020

Hello. Please contact our Customer Care team at 1-800-876-6827 for further assistance.

04 Aug 2020

Do you sell the Notarial Evidence Forms? If not, how do I create one? I am commissioned in FL.

National Notary Association

05 Aug 2020

Hello. No, we do not sell these forms.

13 Feb 2021

How does a Signing Agent sign the Notarial Evidence form? I'm a student and keep seeing conflicting information. Is it Notary Public or Signing Agent and can someone please tell me when to use each one? For some reason, I find it confusing.

National Notary Association

05 Mar 2021

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

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