Posted by C KORKY_NOTARY on 9/27/05 11:12am
Msg #67571

MA. ATTORNEY STATE

I was wondering if anybody knew if MA. was an attorney state?? or not.. thx

Reply by PAW_Fl on 9/27/05 12:04pm
Msg #67585

Yes, MA is an attorney only state.

Reply by C KORKY_NOTARY on 9/27/05 12:15pm
Msg #67590

Although, I contacted the Fall Rivers County Recorder of Deeds in MA. and they stated a notary was acceptable... for any real estate transactions or refinances

Reply by PAW_Fl on 9/27/05 12:35pm
Msg #67599

I strongly suggest you read Executive Order 455 (http://www.sec.state.ma.us/pre/prepdf/execorder445.doc) which in part (Section 9) states:

(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.

You may also wish to provide a copy of this order to the Fall River County recorder.

Obviously, a notary can perform the necessary actions, but, by EO, only under the direct supervision of an attorney.

Reply by Tina_MA on 9/27/05 1:13pm
Msg #67619

MA is an ATTORNEY STATE

Massachusetts is a *quasi-attorney* state. You MUST work for and be supervised by an attorney to be able to notarize any Real Estate docs.

All notaries within the great Commonwealth of Massachusetts are under the jurisdiction of the Governor of Massachusetts. Any notarization completed within the boarders of Massachusetts must comply with the Governor's Executive Order.

If a company calls you and states that the property is located in Florida, and that since FL is not an attorney state, you as a notary do not need to work for an attorney, please note that this is * incorrect*, and that you would be going against the laws of the Commonwealth and putting your Notary Commission in jeopardy.

Please read the following items for clarification. If you have further questions, please call the Governor's Legal Counsel at 617-725-4030.

* Massachusetts Trial Court Law Library, subject: Massachusetts Law About Notaries Public: http://www.lawlib.state.ma.us/notary.html

* Executive Order 455 (04-04), Standards of Conduct for Notaries Public: http://www.mass.gov/legal/docs/EO455finalrevised.doc

Please remember, each state/commonwealth has their own laws, regulations, statues, and procedures pertaining to the Notaries under their jurisdiction. You should always check with your own state officials before looking to any other group for procedural answers.