Posted by raebeth on 10/21/09 3:06pm
Msg #308129

Required signings in Attorney's Office

In the state of Texas, certain documents need to be signed in an Attorney's office, title office or sometimes, a bank. I have received several calls to do a signing under these conditions, requiring myself as the notary to be "connected" to one of the three and providing the establishment to complete the signing. Well, I do not have any connections to any, so I normally turn these calls down.
I was wondering if anyone has any suggestions for establishing connections. I have called title agencies etc to see if this was possible and so far, I am getting nowhere. All have told me that they allow this only for their company, agency, etc. to use their offices. Also, another discussion matter has been rental prices to use the office.

I am making one last stab as to what to do about the matter. I really do not want to get into extra charges of room rental fees, as getting paid sometimes is enough of a challenge. However, if any of you have any suggestions, please help!!!

Reply by Art_PA on 10/21/09 3:23pm
Msg #308130

Try calling some small local attorney's offices. You may be able to work out a way to use a desk since you may be bringing a possible client in. Some may even need the services of a notary at times and will be happy to know you are available.

Reply by A S Johnson on 10/21/09 3:52pm
Msg #308134

raebeth,
1) where in Texas are you?
2) how long have you been a TExas Notary?
3) how long have you been doing loan signing?
Texas has some very unique rules for doing real estate closing/signing.
1st, NO att't or title/escrow compnay is going allow you to "aline" yourself with/"rent" a space in tgheir office from them because of the libility (you have NO education in Texas real estate law and are not licensed in this area) and Texas Bar rules on att'ys.
A suggestion is to find a "seasoned" Notary Signing Agent in Texas and a have a long discussion.
You may call me at 817-594-0440.
Please, Please understand you are working in Texas and those outside Texas who are all ready cominf forth with suggestions may get you in troble if you chose to act on them.

Reply by John Schenk on 10/21/09 5:41pm
Msg #308146

I do HELOC closings regularly here at the law firm and charge an extra $50 for use of the office making the total charge $175.00 w/edocs. They're usually about 90 - 140 pages. I honestly don't find them to be a bit more difficult than a regular refi. They're usually edocs, but I've had a few overnighted. If you found the right lawyer he may let you do the closings at his office for a fee. I'd think the odds would be better if it was a 1 or 2 lawyer office rather than at a bigger law firm.

The biggest difference in HELOCS from other loans is that you have to be sure all the blanks are filled in and once the signing is complete, you must provide the borrower with an EXECUTED copy of all of the docs. That means you are not only going to need some office space to do the closing, but you're also going to need a copier to provide the borrowers with a copy of the executed set of docs at closing. See the following section of the statute:

§153.22. Copies of Documents: Section 50(a)(6)(Q)(v). At closing, the lender must provide the owner with a copy of all documents that are signed at closing in connection with the equity loan. The lender is not required to give the owner copies of documents that were signed by the owner prior to closing, such as those signed during the application process. Because of their nature some documents, for example, a notification of the election of an owner or an owner's spouse not to rescind under the right of rescission must be signed after the date of closing. The lender must provide the owner copies of documents signed after the date of closing within three business days.

Here is the section on the Location Of Closing:

§153.15. Location of Closing: Section 50(a)(6)(N). An equity loan may be closed only at an office of the lender, an attorney at law, or a title company. The lender is anyone authorized under Section 50(a)(6)(P) that advances funds directly to the owner or is identified as the payee on the note.

(1) An equity loan must be closed at the permanent physical address of the office or branch office of the lender, attorney, or title company. The closing office must be a permanent physical address so that the closing occurs at an authorized physical location other than the homestead.

(2) A lender may accept a properly executed power of attorney allowing the attorney-in-fact to execute closing documents on behalf of the owner.

(3) A lender may receive consent required under Section 50(a)(6)(A) by mail or other delivery of the party's signature to an authorized physical location and not the homestead.

Here's the link for the full statute: http://www.occc.state.tx.us/pages/Legal/Laws/home_eq/interp_set.html

Best of luck!

JJ

Reply by Mae/TX on 10/24/09 8:41pm
Msg #308578

Great info. Thanks n/m

Reply by Mae/TX on 10/24/09 8:40pm
Msg #308577

I concur with AS Johnson. I regularly sign for a local title company. When I asked about leasing office space for a couple of hours to do a HELOC signing, they said no unless they were going to be the title company on record. They interpret the regs to state that if you close at any title company that is not handling the closing, it is illegal. I am not looking for a local attorney who might lease by the hour.

Reply by BrendaTx on 10/24/09 8:48pm
Msg #308579

AS Johnson is telling it like it is.

I refer mine to a lawyer. LOL...I laugh when the ss co's say, "but all we need is a notary!" I know, I know...but in my town your price is gonna be $300 or more. Take it if you can get it and be glad you did! There's no such thing as a "courtesy" closing here. They'll be very courteous for $300 to $400! I promise.