Posted by Debbie/NJ on 2/17/05 8:09am
Msg #21004

Delaware--Attorney Only State?

From everything I've read, Delaware is an attorney-only state. Therefore, we signing agents cannot do a signing in that state. Is that correct? I had a call the other day from some company asking me to go to Hokessin, Delaware. They said that's about an hour and a half from where I live and that they'd pay $75. I turned them down because that didn't seem like enough money to go that far. Then I got to thinking about Delaware being an attorney-only state and wondered why they even called a signing agent to do a signing there. Any information would be appreciated. Since I live close to Delaware, this may happen again and I want to be prepared with an answer. TIA

Reply by Art_MD on 2/17/05 8:19am
Msg #21007

Yes, DE is an attorney only state.

I live 40 miles from DE. Many times I've done closings for DE property - IN MARYLAND !!!

The borrowers cross into MD and I meet them at a library about 20 miles from my house. All papers etc are notarized to MD requirements.

I've never heard of a problem with this. The crossover of state lines is set up by the lender. This save somebody (hopefully the borrower) the 350-500 lawyer fee.

For the inconvience, I make sure I get extra $$$ for these closings.

If I had had that call, I'd have explained the situation re: attorney only, told them I'd meet the borrower if they wanted me to (I have 3 locations I can use for closings - I pick the easiest for borrowers to get to), would say that I can meet them at xxx.(20-25 miles from house) and the charge would be $125 if docs were with borrower or overnited to me.

Hope this helps

Art

Reply by Art_MD on 2/17/05 8:29am
Msg #21009

You might want to contact the company and explain the situation. You may be able to develope a relationship where the call you as a prime signer for DE properties. May be untapped nitch for you. Also one that pays better than average. Good luck.

Art

Reply by Korey Humphreys on 2/17/05 10:55am
Msg #21034

Now remember, like here in Massachusetts, even though you can't do loan closings, you're still able to most likely do other notarial functions (acknowledment, jurat/affidavit, etc.)

Even though Massachusetts is an "attorney-only" state, I'm allowed to do everything but closings.

Reply by Loretta Reed on 2/17/05 9:43pm
Msg #21126

I actually had a DE notary tell me that she did the closings even though it is an "attorney only" state. She said that some title co. told her that she could do it as long as the attorney knew that she was doing it. What a crock of bullsh*t. It is different if she is signing as a witness and doing the closing in the attorney's office but she is going to the borrowers home and signing with them. She is going to get in big trouble. People like that make me want to turn them in.

Reply by Debbie/NJ on 2/18/05 2:08pm
Msg #21216

Thanks for all your input!