Posted by BrendaTx on 9/16/09 6:34pm
Msg #304090

NSA signings are okay in all states without

concern for additional licensing except for the following...is this an accurate list?
(Doing a little research. I will also be consulting the vuwriter.com site which is Stewart Title's underwriting manual. But, these are off the top of my head.)

What say ye?

Maryland - must be a licensed title producer
South Carolina - must be an attorney
Indiana - must be a licensed title producer
Georgia - must be an attorney
Massachusetts - be work for an attorney or be one.
Texas notaries - cannot do equity loans (and certain types of home improvement loans) unless the signing of the documents takes place in a law office, a branch of the lender, or a title company office.

Reply by Lee/AR on 9/16/09 6:39pm
Msg #304091

Sounds right to me.

Reply by Lee/AR on 9/16/09 6:44pm
Msg #304093

I have a 2006 list that includes Delaware and Maine as being attorney-only. Whether or not this is still accurate.... ????

Reply by PAW on 9/16/09 7:19pm
Msg #304100

DE is, ME is not. n/m

Reply by Linda_H/FL on 9/16/09 7:01pm
Msg #304095

W. Virginia? Believe Atty-only

and I thought SC was okay with attorney on phone.

Reply by BrendaTx on 9/16/09 7:03pm
Msg #304096

Connecticut also has something, too...now that

I think about it...right?

Reply by John/CT on 9/16/09 8:23pm
Msg #304105

Nope ... not yet. n/m

Reply by BrendaTx on 9/17/09 5:36am
Msg #304119

Conn...I know what I was thinking about...

seems I was thinking about their witness requirements or something else. Thanks, John.

Reply by BobbiCT on 9/17/09 6:53am
Msg #304124

Conn still battling it out ...

Requiring a second witness in addition to the notary public makes scheduling the signing of real property transfer or lien documents a little more challenging; i.e., find a neighbor or meet at a public place.

The attorneys are still seeking out UPL and finding fraudulent documents. Some smart *** out-of-state title employee signed as an additional witness or "fixed" a deed AFTER the deed was returned. Recent caselaw spot on: It is Fraud, which is not cured by our validating act (i.e., if you're not going to get it right with the borrower's knowledge; you might be better off not "fixing" that document and just recording it as is). Homeowners unhappy with lender, loans heading south are seeking out attorneys for assistance, which is when the loan transaction is carefully reviewed for defects, loopholes a herd of elephants can plow through, fraud. Plus the "he-said-she-said-they-said" issue; i.e., X person assured me, even though the document said. (Ameriquest is a perfect example; CT Attorney General got involved, too.)

Reply by BrendaTx on 9/16/09 7:07pm
Msg #304098

I really, really appreciate this input.

You guys are very kind to respond and help jog my poor old brain.

Reply by PAW on 9/16/09 7:24pm
Msg #304101

WV is, SC is, with additonal restrictions

As far as I know, within SC boundaries, it must be done by an attorney. Outside the boundaries, a SC attorney must be involved, usually by phone, but does not need to 'attend' the entire process.

All other states, MA, DE, GA, etc., 'closings' can be performed as allowed by the local state laws (with the SC exception as noted above).

Reply by BrendaTx on 9/16/09 7:39pm
Msg #304102

Many thanks, Paul! n/m

Reply by hp/MD on 9/16/09 7:41pm
Msg #304103

Re: WV is, SC is, with additonal restrictions

I did couple of DE properties ( Refi ) in Md. In both case an attorney walked the borrowers through by phone. I don't know why but it made my job so easy. I loved it.

Reply by BrendaTx on 9/17/09 5:45am
Msg #304121

Indiana...you know...we don't hear many complaints

(here) about how the non-ltp notaries are taking the biz of the LTP-er notaries. I wonder if they are stricter in IN or easier, or what...or maybe we just don't have that many IN notaries interacting here regularly.

Reply by WDMD on 9/17/09 6:08am
Msg #304123

Re: Indiana...you know...we don't hear many complaints

...we don't hear many complaints (here) about how the non-ltp notaries are taking the biz of the LTP-er notaries.


Maybe Indiana notaries are not a bunch of complainers?

Reply by BrendaTx on 9/17/09 6:57am
Msg #304125

WDMD, that remark made me postless. n/m

Reply by WDMD on 9/17/09 6:59am
Msg #304126

LOL n/m

Reply by NJW/FL on 9/17/09 10:17am
Msg #304148

hp in MD

I had an appt. last night here in Florida for property in Delaware and the attorney conducted the entire signing over the phone. He did make it go so quickly and I just helped turn the pages and notarized!! I have done others where we just phoned the attorney at the start and he told the borrower to phone him when we were through and ask any questions then. That was GA property, I believe both times.

Reply by Les_CO on 9/17/09 11:20am
Msg #304155

I thought that Vermont was at one time listed by the NNA as an Attorney only State?

Reply by MW/VA on 9/17/09 1:58pm
Msg #304172

So much for the accuracy of their info again.