Posted by pat/WA on 3/10/11 7:11pm
Msg #375806

Closing Agent

When you sign documents do you sign as closing agent, signing agent or notary?
The documents are requesting signatures of closing agent.
I would like to know what opinions other notaries have regarding the designation of closing agent.

Thank you

Reply by FlaNotary2 on 3/10/11 7:19pm
Msg #375808

Oh brother...

Did you try the search button? This has been discussed a million times.

Not to be a jerk, but I just really don't want to have to see another long discussion about this.

Reply by Linda_H/FL on 3/10/11 7:27pm
Msg #375814

Well, Robert, in that case I'd suggest you move on...

If 25 people want to respond and discuss this with her that's their prerogative...if you don't want to see it, don't read it...

MHO

Reply by Reneeta on 3/10/11 11:20pm
Msg #375850

Re: Oh brother...

That was very rude of you. Comments like the one you shared makes us feel uncomfortable in asking questions. We are here to help one another and should be more considerate of one another feelings.

Reply by MW/VA on 3/11/11 7:30am
Msg #375865

If you mean "not to be a jerk" then you might stop playing

NR police & controlling what is or is not posted. It's your choice to participate or ignore any post, that's it.

Reply by Scott/NJ on 3/10/11 7:21pm
Msg #375809

Most of the time you are the notary. Some of the time you are the signing agent, and sometimes you may be referred to as the closing agent.

I have seen docs where a notarization wording is typed, but that is not for me to notarize- it is a document that gets signed by the closing agent and the notarization is to be done on that end of the paperwork.

After the HUD signature there is a signature for the Closing Agent to attest that the HUD was filled out correctly- you are not THAT closing agent.

Sometimes a signature certification needs to be filled out and signed by the closing agent... That's YOU.

Heck, you are also the witness on the mortgage...

Read the document. Often it reads in such a way that you can be sure it's not for you. Otherwise I find a call to the TC is always welcome.

Reply by pat/WA on 3/10/11 7:36pm
Msg #375816

Thank you

Reply by upnorth/AK on 3/10/11 7:37pm
Msg #375818

Good answer Scott/NJ

Looks like others that responded should read your response.

Reply by Ilene C. Seidel on 3/10/11 9:03pm
Msg #375834

If its a license state you are the Settlement Officer

Reply by Sandra Clark on 3/10/11 7:26pm
Msg #375813

Are you new to the business? This has been discussed many times. You are the NOTARY PUBLIC

Reply by LKT/CA on 3/10/11 7:41pm
Msg #375819

We are Notary Signing Agents......does not matter what *others* call us. We facilitate the SIGNING of loan documents. We do NOT close ANYTHING, period. We do loan SIGNINGS, not loan CLOSINGS.

We do not CLOSE anything - EVER...

Disclaimer: Caps intended for emphasis and not shouting.

Reply by James Dawson on 3/10/11 8:13pm
Msg #375822

Scott and LKT sums it up for me. IMO n/m

Reply by Moneyman/TX on 3/10/11 10:12pm
Msg #375846

Ditto n/m

Reply by MikeC/NY on 3/10/11 8:32pm
Msg #375825

You are never the closing agent - that job carries a lot more responsibility, and is way above your pay grade...

Read the document, and see what it calls for you to attest to. If it's something you are comfortable with signing (e.g., it merely states that you examined the borrower's ID), sign it and strike "Closing Agent", replacing that with "Notary Public". I would suggest never using the term "Signing Agent" on documents like this, because that's a made-up phrase that has no legal meaning. What you are - and are acting as - is a Notary Public; that's how you should always identify yourself.

If the document requires you to attest to things you have no knowledge of, leave it unsigned and send it back in the package - the actual closing agent will be responsible for signing it later.

Reply by Linda_H/FL on 3/10/11 9:08pm
Msg #375836

I sign off as "notary public" IF the document requires

notarization...if I'm signing something that is not a notary function (Address Certification, ID Verification, etc etc) then I sign as Signing Agent - I don't sign in the capacity of a notary public unless it's an authorized notary duty in my state - for everything else I'm "witness" or "Signing Agent".

MHO

Reply by MikeC/NY on 3/10/11 9:20pm
Msg #375837

Re: I sign off as "notary public" IF the document requires

OK - in some states you can't use the term Notary Public unless you are actually acting in that capacity on that document. I get that, but I still would resist using the term Signing Agent, because it's a fiction and might actually imply (in some jurisdictions) an agency relationship that doesn't exist.

In these cases, I would go with "witness"... or even "human" if you have a sense of humor and adventure.... The main point is that you are NOT the closing agent, and should never sign anything that identifies you as such.

Reply by Moneyman/TX on 3/10/11 10:11pm
Msg #375845

Re: I sign off as "notary public" IF the document requires

I would love to be a fly on the wall when the TC person reads the "human" capacity response. LOL Good one Mike.

Reply by jba/fl on 3/11/11 4:36am
Msg #375855

Re: I sign off as "notary public" IF the document requires

I go with witness if there is no notarization. Human sounds good - maybe I'll do that today. Quirky! love it.

Reply by John/CT on 3/10/11 9:33pm
Msg #375840

"Signing Agent "... that's the term I replace after,

crossing off "Closing Agent" on the Patriot Act identity certificate, etc.