Posted by Tess/ME on 8/26/06 5:34pm
Msg #141163

Refi for property in MA - question.....

Borrower is on vacation in Maine. Had a call from Lender who wanted to know if I was also a lawyer and if so, could I do a closing for a property in MA. The scheduler said it had to be a lawyer because the property was in MA. I told him I did one yesterday, same situation, borrower on vacation in Maine & their property is in MA. so what was the problem for the one today and that Maine is not an attorney state. He said HAD to have an attorney, didn't matter what Maine law was. Am I wrong, or does the law apply for the state the documents are signed in and if it is not required in that state, why won't it "fly"? Or is it just that MA laws are different from anyone elses?

Reply by John_NorCal on 8/26/06 6:49pm
Msg #141170

My personal opinion, for what it's worth, is that documents have to meet the requirements of the state that they are going to be recorded in. That is probably why they want an attorney to do the closing. On the flip side, a borrower could go to a neighboring state in order to circumvent their home states requirements, that is if their home state didn't enforce their attorney only requirements.

Reply by Tess/ME on 8/26/06 8:26pm
Msg #141180

John, the refi I did yesterday was edocs, came directly from the Title company to me. You would think that the person involved with the loan would know whether or not there had to be an attorney to do the closing. The Lender today that called me was the Mortage Company on this one and they stated an attorney had to do it. I told them "good luck" on finding one here in Maine on Saturday, can't hardly find one on a week day much less Saturday afternoon. Maine is very "laid back" and things are put on hold here on the week ends. Wasn't that long ago we used to vacation in Maine (before moving here)and they had the "blue laws" in effect. I'm surprised they did away with them the way Maine people are about any "changes".

Reply by PAW on 8/26/06 9:08pm
Msg #141190

Atty req'd is a state issue ...

Whoever told you that is absolutely wrong. One state cannot dictate general closing procedures on another state. The laws of the state in which the transaction occurs is what counts. Besides that, in MA you do not have to be an attorney to do a signing. Notaries still do them, but have to be directly supervised by an attorney. Not like GA, where an attorney has to actually preside over the closing.

FWIW, I've closed on sales and refis for property located in just about every "attorney only" state (I'm not licensed to practice law in the State of Florida), including MA, and never have had one come back on me.

Reply by Tess/ME on 8/27/06 7:58am
Msg #141215

Re: Thanks all (again, I knew I could count on this "board")

I thought I was right, but you can't argue with someone on the phone that tells you otherwise and is attempting to hire you to do work for him. So, I guess the person that needing to have the closing done yesterday didn't get it done after all. Unless the gentleman that called me found out otherwise and was too embarassed to call me back.

Reply by Tina_MA on 8/26/06 9:34pm
Msg #141194

The laws for MA pertain to property that is signed *within the borders of MA* (no matter where the property is located).

If a MA Notary is doing the closing, they must follow the law as put out by our Governor.

Since you are in ME, you do not need to follow what the MA Governor states, you need to follow your own state laws.

Reply by John_NorCal on 8/26/06 11:36pm
Msg #141208

I guess it's all in the letter of the law. Another reason for one to know their states laws.