Reply by Mortgage Closers of San Antonio - Kenneth C Whitton Jr on 12/9/04 10:43am
Msg #13103
If I am not mistaken, a notary in SC can close a loan under the direct supervision of an attorney... To me, anytime one is taking mortgage documents to a location and asking the subject persons to sign forms, that is the closing... As to giving no legal or other explanation... a signing agent does not give any explanation anyway, that would be the unauthorized practice of law... It sounds like they are trying to go around what might be a loosely written law. I would contact my SOS's office.
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Reply by Bobbi in CT on 12/9/04 11:28am
Msg #13106
Sketchy ...
If you see NONE of the other documents,
If the individuals hand you the papers that they need notarized,
If you Only Act as a Notary for the documents handed to you,
If you Only charge the South Carolina statutory fee for a "notarization,"
If you Only charge the South Carolina statutory fee allowed for milege to travel to the individuals requesting notarial services,
then you are "acting as a public official, a South Carolina Notary Public."
I think this would work. However, would you do it for just the Notary Public fee?
If the individuals went to their local Mailbox, Staples or local bank branch with a mortgage deed and Affidavit and said, "I need to have these two documents notarizied" and that's all the Notary Public did, it would work.
This is my personal opinion as to how to divide the Notary Public, public official commissioned by the state, and Signing Agent functions. Once you start looking at any of the other documents, taking the signed documents away and shipping the package out, you may have gone through the gray zone and into an attorney will get you zone.
I have done some as "just a Notary" at my home office. At my convenience, since the signers paid me the $10 maxium statutory fee direct in cash. I politely refused to look at the loan package or assist in any other way. The lender said, "find a Notary." They did and that's all I wanted to be.
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