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Notary Signing Agent Document FAQ: Compliance Agreements

Compliance agreement document
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Notary Signing Agents encounter many different types of documents during loan signings. Some of these documents require notarization or have other signing instructions. In this article we answer common questions about Compliance Agreements, a document found in many loan packages.

What is a Compliance Agreement?

A Compliance Agreement is a document in a closing loan document package in which a borrower agrees to “comply” with requests from the lender or closing agent to correct typographical or clerical errors and inadvertent mistakes in the loan documentation after the loan has closed.

For example, the property address on the loan may be misspelled or contain a missing digit. Or the document may not have been signed correctly and need to be re-executed. The borrower may be required to respond to a lender’s written request for assistance correcting errors within a specific time period.

What is the purpose of a Compliance Agreement?

The Compliance Agreement is often required for originating lenders to sell, convey, or market a loan to a secondary market investor such as Fannie Mae or Freddie Mac. As a condition for doing so, the lender must ensure the loan documents conform and are acceptable to investors.

Does a Compliance Agreement require notarization?

Compliance Agreements are commonly notarized with either a verification on oath or affirmation (jurat in some states) or acknowledgment. The Notary should check the Compliance Agreement for notarial certificate wording to indicate if a notarization is required and the type of act needed. However, not all Compliance Agreements require notarization.

Are there other names for a Compliance Agreement?

Yes. A Compliance Agreement may also be referred to as an “Errors and Omissions Compliance Agreement,” a “Document Correction and Re-Execution Agreement” or a “Document Correction Agreement.” Sometimes a Compliance Agreement may be included together with several other different certifications on a single form.

David Thun is an Associate Editor at the National Notary Association


Related Articles:

Notary Signing Agent Document FAQ: Notice Of Right To Cancel

Notary Signing Agent Document FAQ: Signature And Name Affidavits


Additional Resources:

The Notary Signing Agent’s Loan Documents Sourcebook


7 Comments

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Wendy McGee

06 Dec 2020

Hello New notary here, for clarification, every time we see the appropriate wording ex: ‘sworn and subscribed’ as in the above example with the errors and omissions form we need to attach a ‘jurat’ in this case? Is this true for all documents?

National Notary Association

11 Dec 2020

Hello. Please see the links below for more information: https://www.nationalnotary.org/notary-bulletin/blog/2015/04/key-differences-acknowledgment-jurat-certificates https://www.nationalnotary.org/notary-bulletin/blog/2015/05/how-to-complete-hybrid-notary-certificate

Amber

14 Oct 2021

I had a signing today that had two compliance agreements to be notarized- same document, one borrower. Is that common?

Salma irfan

27 Nov 2023

How much we get paid for each sitting

National Notary Association

30 Nov 2023

Hello. Antitrust laws prohibit us from hosting discussions of Signing Agent fees that could be considered price fixing. Please see here for more information: https://www.nationalnotary.org/notary-bulletin/blog/2014/10/truth-about-notary-signing-agent-fee-discussions

Sarah

29 Apr 2024

Hello, I received a buyer package. The buyers require a co signer and the compliance agreement has to be notarized. Only the cosigners will be present for their portion, buyers are in another state. Do I need to cross out the other names on the compliance agreement portion that has to be notarized to reflect only the co-signers who will be in my presence?

National Notary Association

29 May 2024

Do not cross out any names listed in the document. If a name of person who is not present is pre-printed in the notarial verbiage, then it can be lined through and initialed by the Notary. Alternatively, a Notary attachment can be used reflecting on the names of the signers present at that time.

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