Posted by Anonymous on 4/11/06 12:58pm
Msg #112699

Notary Signings in Georgia

Does anyone know what the law says about notary/signing agent closings in Georgia and Florida?

Reply by BrendaTx on 4/11/06 1:40pm
Msg #112708

I don't know what the law says about Georgia, but have heard that it is not good for NSAs - that Ga. is an attorney only state.

Florida is not.

Reply by BP/WV on 4/11/06 2:02pm
Msg #112714

Formal Advisory Opinion No. 86-5 (86-R9) issued by the Supreme Court states that the closing of real estate transactions constitutes the practice of law as defined by O.C.G.A. §15-19-50. Therefore, it is ethically improper for lawyers to permit nonlawyers to close real estate transactions. Correspondent inquires whether it is ethically permissible to allow a paralegal to be physically present at a remote site for the purpose of witnessing signatures and assuring that documents are signed properly. The paralegal announces to the borrower that they are there to assist the attorney in the closing process. The lawyer is contacted by telephone by the paralegal during the closing to discuss the legal aspects of the closing.

The critical issue in this inquiry is what constitutes the participation of the attorney in the closing transaction. The lawyer must be in control of the closing process from beginning to end. The supervision of the paralegal must be direct and constant.

Reply by BP/WV on 4/11/06 2:06pm
Msg #112717

opps..I hit the send button too fast.

The information in my previous post was from the GA State Bar Association and can be found by following this link:

http://www.gabar.org/handbook/supreme_court_of_georgia/fao_00-3/

Reply by BrendaTx on 4/11/06 2:50pm
Msg #112732

Re: Notary Signings in Georgia BP/WV

Your picture and your son are very cute. Thanks for the info on GA. Helpful. Okay - back out into the heat.

Reply by BP/WV on 4/11/06 2:57pm
Msg #112734

Re: Notary Signings in Georgia BP/WV

Thank you Brenda. I'ts actually my little girl in the picture. Her pig tails are blended into my hair, so its hard to tell. Have a good one.

Reply by BrendaTx on 4/11/06 3:03pm
Msg #112738

Re: Notary Signings in Georgia BP/WV

Oh, I am so sorry...I had a boy with ringlets for awhile and I know that's not something we enjoy hearing!!

Sorry again...thanks for correcting me.