Posted by Alice/MD on 1/24/11 8:52am
Msg #369819

Confused about Attorney states with Signing Agents n/m

Reply by PAW on 1/24/11 8:58am
Msg #369821

What are you confused about? n/m

Reply by Ilene C. Seidel on 1/24/11 10:06am
Msg #369834

Re: Confused about Attorney states with Signing Agents

Alice if you are closing a loan in Maryland and it's say for Delaware an attorney is hired to advise borrower during closing. I've had many the attorneys just speak to the borrower a few minutes then give me their phone number to call if we have any questions. They have to sign off on loan so it can be recorded.
Is that your question?
Also did you ever contact MIA with your legal questions? I'm just curious to the outcome.

Reply by Alice/MD on 1/24/11 10:37am
Msg #369841

Re: Confused about Attorney states with Signing Agents

I see signing agents listed (even here on NR)saying that they are available for loan signings but, they are clearly in an Attorney only state. They are saying they are available for loan signings and say that they have done thousands of loan signing. This is confusing.

Reply by Les_CO on 1/24/11 11:08am
Msg #369845

Re: Confused about Attorney states with Signing Agents

They may be attorneys. They may work under ‘direct supervision’ of attorneys. They may close loan packages on out-of state properties, which do not require an attorney’s presents, or supervision. They may be breaking the law.

Reply by Georgia Attorney Closings on 1/24/11 12:00pm
Msg #369855

Re: Confused about Attorney states with Signing Agents

They can do closings for out of state properties when owners are in their states

Reply by FlaNotary2 on 1/24/11 12:14pm
Msg #369857

What I don't understand is

what about notaries who don't necessarily do "signings", but they notarize signatures on loan documents? If a notary is not authorized to notarize signatures on loan documents, than who is?

I think the intent is to keep notaries from acting as signing agents. But why couldn't a notary be hired to simply notarize signatures?

Reply by PAW on 1/24/11 12:40pm
Msg #369863

Re: What I don't understand is

<<< I think the intent is to keep notaries from acting as signing agents. But why couldn't a notary be hired to simply notarize signatures? >>>

That's the gist of some of the "attorney only" state laws, statutes and rulings. However, a lot of those states explicitly define what constitutes UPL in regards to a real estate transaction. Nowhere does it inhibit notaries from performing their legal obligations, i.e. notarizing signatures, but it does restrict non-attorneys (including signing agents) from actively participating in or conducting real estate closings and other transactions where titles and title insurance are involved.

Reply by Les_CO on 1/24/11 12:43pm
Msg #369864

Re: What I don't understand is

It is not notarial law that determines if a state is an attorney state or not concerning loan closings/real estate transactions. JMO

Reply by Alice/MD on 1/24/11 1:00pm
Msg #369879

Re: What I don't understand is

none of this. The attorney state , when it comes to mortgage closings, is just not clear as to how the signing agent function.

Reply by Linda_H/FL on 1/24/11 1:07pm
Msg #369880

Attorney-only states have specific statutes in place

that prohibit anyone from closing real estate transactions who is not a licensed attorney. Some go so far as to include language that precludes them from handling any transaction that "would create a lien or interest in any real property located within the state".

As to how the Signing Agents function? Some don't - if the law is strong enough in the particular state (like GA) then they shouldn't be closing any loans at all - although we know they do, just like they close loans in MD without a TPL. Other states may allow attorney presence via telephone (like SC) so the Signing Agent can still do the signing but the attorney MUST be included. Yet others say the SA can do it BUT only with direct attorney supervision.

You have to research each individual attorney-only state's laws about it to find out exactly how strict they are.

Hope this helps.

Reply by Alice/MD on 1/24/11 1:30pm
Msg #369881

Re: Attorney-only states have specific statutes in place

Linda, thanks for your detailed response.... it helps to understand what is really going on in these attorney- only states. However, I wonder what happen in the recording process. I live close to WV, which is an attorney-only state.