Posted by Anonymous on 10/25/04 2:25pm
Msg #10466

attorney states

Anyone know of the attorney states? I know of NC and DE...

Reply by Ted_MI on 10/25/04 3:33pm
Msg #10471

I seem to recollect (from reading the posts here) that Georgia is also an attorney state.

Reply by JOE/NC on 10/25/04 3:39pm
Msg #10472

nORTH CAROLINA IS NOT AN ATTORNEY STATE!


The North Carolina State Bar recently amended the requirement of having to use lawyers to close North Carolina mortgage loans. Lenders and title companies can now use a mobile notary service, saving borrowers hundreds of dollars on closing costs.

jOE/NC
WWW.CERTIFIEDNOTARYSIGNING.COM

Reply by Stephanie/ NorCal on 10/25/04 5:03pm
Msg #10478

My list is as follows...

Alabama, Connecticut, Deleware, Georgia, Massachusetts, South Carolina, Vermont, West Virginia

There may be more.. but this is what I have.
Stephanie Lowe

Reply by PAW Notary Services on 10/25/04 5:18pm
Msg #10480

Re: My list is as follows...

I do not believe that Alabama nor Connecticut are attorney-only states.

Reply by Bobbi in CT on 10/26/04 7:24am
Msg #10512

Connecticut ...

Notary Signing Agents are alive and well in Connecticut.

The Conn Bar Association is against non-attorney loan closings; however, there is no "law" against a borrower refusing to hire an attorney for personal representation. Attorneys and title insurance companies (in-state offices) do not recommend signing loan documents without an attorney present.

How it works:
Lender has the right to hire an attorney to represent it at the signing table, which borrowers must pay for. If lender declines this right, then borrowers do not have to pay for lender's attorney representation.
Borrowers have the right to "personal representation"; i.e., hire an attorney to explain the documents and represent them at the signing table, which borrowers must pay for.
You can have:
1. No attorneys are the refinance table.
2. Only a lender attorney at the refinance table.
3. A non-attorney signing agent (lender) and borrower's attorney at the refinance table.

In the case of a Purchase mortgage or Construction loan, the CUSTOM of borrowers having personal attorney representation still rules. This is because there is much more likelihood of borrowers having legal questions. Also, non-attorneys cannot act as real estate "settlement agents" (aka hold funds and disburse checks) in CT. Purchases and construction loans require the immediate issuance of checks, which amounts and payees may change at the signing table.

Reply by art_MD on 10/27/04 9:20am
Msg #10549

Re: Connecticut ...

There are 2 states which have licensing requirements - Maryland is one, I forget the other.