Posted by KimmyMD on 3/5/10 1:21pm
Msg #325502

closing a property located in another State?

Can anyone verify that in order for me or anyone else to do a closing in my state, and the properity is located in another state. Example signed in Maryland , property located in Florida. Do you have to be licensed in the state the property is located in?

Reply by Doris_CO on 3/5/10 1:25pm
Msg #325505

Licensed for what?

Reply by Sylvia_FL on 3/5/10 1:27pm
Msg #325507

Kimmy
You are not doing a "closing". You are merely witnessing the loan docs being signed and you are notarizing the signatures. You only need to be a notary in your state to notarize signatures in your state.

Reply by Reverse Mortgage of America - Jessica on 3/5/10 1:29pm
Msg #325511

in many east coast states, the term "closing" refers to the loan signing. i work for a company in pa who refers to the loan signing as a closing. it was really confusing for me for a while.

Reply by KimmyMD on 3/5/10 1:34pm
Msg #325512


Thanks, I was at an continuing educations class a few day's ago and the attorney thet was giving the class gave me a scare by telling me I can't notorize and witness a signing in Maryland for a property located in another state, which happened to be Florda. In Maryland we are required to be LTP (licensed Title Producer) fancy name, lots of cost associated.

Thanks Kim

Reply by jba/fl on 3/5/10 1:43pm
Msg #325515

Sounds like your continuing education class is giving you what you don't need.

Reply by cawest/PA on 3/5/10 1:49pm
Msg #325517

cute pups in the pic you really always come up with sweet pics

Reply by jba/fl on 3/5/10 1:53pm
Msg #325519

OMG - I almost forgot about that! ROFLMAO!!!! n/m

Reply by Reverse Mortgage of America - Jessica on 3/5/10 1:28pm
Msg #325508

that's subject to the state laws and requirements. for example, in georgia attorneys must conduct loan closings. i believe they must also be licensed in the state of georgia, too.
there are many people who own investment properites in other states or who travel frequently and aren't always available to complete the closing at the property.
you can always speak to the title company on the requirements for closing a loan for a property in another state.

Reply by cawest/PA on 3/5/10 1:47pm
Msg #325516

The State of Georgia Requires an attorney admitted to the state bar to be present or involved in the closing of real property transactions but still a Notary does the notarization on the signatures however from what I do understand most Attorneys there are Notaries as well.

Reply by jba/fl on 3/5/10 1:55pm
Msg #325521

She's in MD, property in FL.

Yes Ga and DE require attorney contact before/during/after signing, perhaps others I'm not aware of.

Reply by cawest/PA on 3/5/10 1:58pm
Msg #325524

Connecticut and Massachussets as well I believe and South Carolina

Reply by cawest/PA on 3/5/10 1:59pm
Msg #325526

and Vermont as well, that I am pretty sure

Reply by Linda_H/FL on 3/5/10 2:10pm
Msg #325537

Not CT as far as I know.. n/m

Reply by cawest/PA on 3/5/10 2:18pm
Msg #325543

Re: Not CT as far as I know..

CT requires an attorney’s signature on the title policy only, you are correct they are not required more than that but than I am sure they are all signing agents and do the entire kaboom.

Reply by Maureen_nh on 3/5/10 10:08pm
Msg #325662

The northeast kingdom is notary friendly, weird, but they are good to go

Reply by JanetK_CA on 3/5/10 2:11pm
Msg #325539

I've done countless signings for properties in many other states. The key may be in the use of the word "closings" - which is why I try to avoid that term when talking about what I do. I don't know what that attorney was talking about, but I don't see any problem with notarizing and facilitating a loan signing for a local (or visiting) person in one's own state for a property in another state, as long as the notary is properly commissioned (and licensed, as in MD) -- except as already mentioned regarding attorney states.

Reply by KimmyMD on 3/5/10 2:30pm
Msg #325551

Great responses, Thanks everyone

Reply by Sylvia_FL on 3/5/10 2:47pm
Msg #325555

"The key may be in the use of the word "closings" - which is why I try to avoid that term when talking about what I do"

Exactly
Those who have been in this business since the Susan Pense days may remember a problem with a loan that couldn't be sold on the secondary market because the notary who had done the original signing had signed as "Closing Agent" (probably because some notaries referred to themselves as closers) and obviously didn't have the insurance necessary for a Closing Agent.

Reply by cawest/PA on 3/5/10 3:14pm
Msg #325561

indeed we are not *closers* we are just the ones going to get the signatures and verify that the individual signing is indeed who he claims to be, we might look as closers but we are not.
Of course we have to make sure that all documents are correct and we cannot afford to overlook a signature and we invest a lot of time into our work however we are just the NSA's

Reply by GOLDGIRL/CA on 3/5/10 3:40pm
Msg #325567

As I understand it, all states accept other state's notarizations - something to do with interstate commerce - so why don't all states have to accept how other states conduct "closings" or loan signings. For example, why would a notary in a nonattorney state have to make sure some attorney is on the phone or whatever for property in an attorney state. Also why would a notary have to get witnesses for docs if they are not in a witness state. Just curious how that works. As long as we follow our state's laws, why wouldn't other states accept it????

Reply by Teresa/FL on 3/5/10 4:16pm
Msg #325572

<<Also why would a notary have to get witnesses for docs if they are not in a witness state. Just curious how that works. As long as we follow our state's laws, why wouldn't other states accept it????>>

In Florida, the witness requirement for deeds of conveyance is a RECORDING requirement, not a notarization requirement.

Reply by PAW on 3/5/10 7:36pm
Msg #325620

It's not a notarial issue

How closings (or parts of it) are conducted and how documents are recorded are not notarial issues, but general real property issues. Each state sets its own statutes regarding the need for attorneys to conduct a closing and what the requirements are for documents (e.g. deeds and mortgages) to be recorded.

Reply by MW/VA on 3/5/10 3:30pm
Msg #325563

I do signings for out of state properties all the time. We

follow the notary laws of our state & any special requirements of the state the property
is located in. Your MD TPL covers you for signings done in MD--that's your state's requirement.
I don't think it prevents you from signing out of state properties.