Posted by Ene/MA on 10/10/11 12:19pm
Msg #400050

Massachusetts Mortgage Closings

Closing Agents/Notaries in the state of Massachusetts are allowed to complete mortgage closings, but are not allowed to provide any legal advise. Legal advise are provided by attorneys only.

Reply by Linda_H/FL on 10/10/11 12:24pm
Msg #400052

Might want to check on that - my understanding is no you're

not - REBA's been fighting this for quite some time and I think they prevailed.

My understanding is an attorney has to oversee the closing.

Reply by Linda_H/FL on 10/10/11 12:25pm
Msg #400053

Here you go..

http://www.massrealestatelawblog.com/2011/04/25/reba-v-nreis-ruling-massachusetts-real-estate-attorneys-must-not-only-conduct-closings-but-take-substantive-participation-in-residential-transactions/

Reply by Notarysigner on 10/10/11 12:58pm
Msg #400054

Re: Here you go..

Linda thank you for posting this reference for all to view.

Reply by SReis on 10/10/11 12:59pm
Msg #400055

MA req Atty's ONLY to conduct all refi & purchases

Pls see REBA v. NREIS. A MA attorney MUST be present at closing as well as take a substantial role before & after closing. This decision is VERY specific that notaries are NO longer allowed to do any closings in MA, even if they are being overseen by a MA atty. Pls be VERY careful is you are doing this because I have been told that REBA is monitoring mortg recording & filing suit against anyone not following the new SJC dec.

Reply by Ene/MA on 10/10/11 1:38pm
Msg #400058

A notary public who is not an attorney licensed to practice law in Massachusetts, or who is not supervised by an attorney, shall not conduct a real estate closing.

Reply by SReis on 10/10/11 1:49pm
Msg #400063

i would suggest that you read the case and call reba w/?



Because the case clearly states that "supervised" closings are no longer allowed. You must be an actual atty being supervised by an atty is no longer sufficient. Again review the recent sjc Dec which supercedes the governors opinion letter that I think you are referring to.

Reply by Linda_H/FL on 10/10/11 2:09pm
Msg #400069

Ene - maybe you mis-posted? You said notaries CAN

do closings in MA, which is the statement we all responded to.

Reply by Lisa_MA on 10/14/11 4:37pm
Msg #400564

Hi Ene: Thanks for posing this question. None of these articles answer the confusion surrounding notary signings vs closings. Without a doubt, notaries are barred from practicing law, giving legal advice and "conducting a closing". I'm a notary and NOT an attorney in MA. I've done hundreds of signings but none of them could even be remotely described a "conducting a closing" or "practicing law". I notice all the non-attorney notaries are silent on this issue.