Posted by Korey Humphreys on 2/10/05 10:39pm
Msg #20163

Massachusetts Closing

Okay, pasted is the revised Executive Order 455 section 9.

Section 9: Prohibition Against the Unauthorized Practice of Law.

(a) A non-attorney notary public shall not assist a non-attorney in drafting, completing, selecting, or understanding a document or transaction requiring a notarial act, rendering legal advice, or otherwise engage in the practice of law.

(b) This section does not preclude a notary public who is duly qualified, trained, or experienced in a particular industry or professional field from selecting, drafting, completing, or advising on a document or certificate related to a matter within that industry or field.

(c) A notary public who is not an attorney licensed to practice law in Massachusetts, or who is not directly supervised by an attorney, shall not conduct a real estate closing and shall not act as a real estate closing agent. A notary public who is employed by a lender may notarize a document in conjunction with the closing of his or her employer's real estate loans.


Okay, for section (b), if I am duly qualified, trained or experienced in the profession of loan closings, holding an associate degree in Paralegal Studies, and have the expierence because I've been doing loan closings before this Order took effect, does this mean I can continue to do loan closings because I meet the requirment of (b)

Reply by Korey Humphreys on 2/10/05 10:46pm
Msg #20166

Re: Contin...Massachusetts Closing

Continued... (hit the enter button too soon!! LOL)

The fact that I, paralegal, not attorney, cannot continue to do loan closings is terrible!! This means that my business as an NSA for massachusetts has been drastically reduced to signature witnessing, etc.

Most of my work I've gotten as an NSA has been loan closings! Do the companys whom hire paralegals even send out notaries just to witness signature and the like????? Pretty much all my work has been in loan closings!!

If there are, please feel free to send me the names of a few good ones!! LOL

On the positve note, the order is good because it gives step by step guidelines and exact wording for Notarial certificates, which means that its going to be tuff and take a real bone head to mess up a service as a notary in Massachusetts.

Reply by Gerry/VT on 2/11/05 5:51am
Msg #20184

(b) This section does not preclude a notary public who is duly qualified, trained, or
experienced in a particular industry or professional field from selecting, drafting, completing,
or advising on a document or certificate related to a matter within that industry or field.

Let me suggest a situation where (b) might apply; then you can compare the situaton of a NSA and see if you think it is the same. Deeds require acknowledgements, and contain a description of the property. In many states a land surveyor is considered qualified to draft the legal description of the property; indeed, there is no higher professional license in the field of land measurement than "land surveyor"; a lawyer does not trump a land surveyor.