I was asked today if a Notary who also has a mortgage loan officer license can do the loan and also notarize the paperwork? — D.I., Pennsylvania
If a Notary also holds a mortgage loan officer license and is directly involved in the loan, they may not notarize the loan documents for that same transaction. According to 57 Pa.C.S. § 304(b)(1), “A notarial officer may not perform a notarial act with respect to a record in which the notarial officer … has a direct or pecuniary interest.” This applies when the Notary stands to benefit from the transaction, either directly or financially. It’s also important to note that any notarial act performed in violation of this statute is considered voidable under 57 Pa.C.S. § 304(b)(3), which could put the transaction at legal risk if you were the loan officer in the transaction and then notarized the loan documents.
For more information on this topic, please see our article on what Notaries need to know about disqualifying interest.
Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors
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