Posted by Kathryn on 2/22/12 10:44pm
Msg #412677

Attorney only states

How do I find of list of attorney only states?
Can notaries do any kind of closings in Georgia at all? THANKS.

Reply by Linda_H/FL on 2/23/12 5:34am
Msg #412698

It's my understanding that Delaware, West Virginia, Georgia, South Carolina, Massachusetts and Vermont are attorney-only. I also recall reading that D.C. (within the state of MD) *is* attorney-only while the state of Maryland is not. I have not done research to confirm that information.

Here is a link to the GA opinion.. http://www.kobleur.net/Lawyer_Only2.html).

Perhaps research from there to find out if they've ever addressed the issue of borrowers within GA and property outside the state

Reply by desktopfull on 2/23/12 11:35am
Msg #412747

"Can notaries do any kind of closings in Georgia at all?"

NO! They must be done by an attorney. Even when closing a GA property from another state like FL, we have to have an attorney on the phone for the closing. Makes for a long closing too.

Reply by VT_Syrup on 2/23/12 1:08pm
Msg #412758

Re: Attorney only states; Georgia opinion contradictory

The Georgia opinion linked above says that non-lawyer notaries who "preside" over closing are committing UPL. It also says people are entitled to conduct their own legal affairs without a lawyer (pro se). But to sell real estate, one must acknowledge before a notary. So how is the pro se signer supposed to exercise his/her right to convey real estate if he/she can't use a non-lawyer notary?

I suppose the opinion might mean that the non-lawyer notary really does not "preside" or "facilitate" but strictly takes the acknowledgement. The situation in Georgia is much like the situation in Vermont, except Vermont has only explicitly ruled that a lawyer who does not properly supervise a paralegal and allows the paralegal to conduct the execution of a deed, and notarize the deed, has committed malpractice; Vermont has not explicitly ruled that a notary who is not employed by a lawyer and who does what signing agents typically do has committed UPL.

Reply by Yowheelz on 2/23/12 2:12pm
Msg #412767

DE - no purhase or refi but can do mods and equity n/m

Reply by Linda_H/FL on 2/23/12 2:37pm
Msg #412769

Re: Attorney only states; Georgia opinion contradictory

"In other words, we have consistently held that it is the unauthorized practice of law for
someone other than a duly-licensed Georgia attorney to close a real estate transaction or to prepare or facilitate the execution of such deed(s) for the benefit of a seller, borrower, or lender"

Think this little blurb makes it really clear - attorney-only.

Reply by VT_Syrup on 2/23/12 3:01pm
Msg #412779

Re: Attorney only states; Georgia opinion contradictory

What about this passage from the opinion:

Pro se handling of one's own legal affairs is, of course, entirely permissible, and there is nothing in Georgia law to "prevent any corporation, voluntary association, or individual from doing any act or acts set out in Code Section 15-19-50 to which the persons are a party...." O.C.G.A. §15-19-52.

How can one handle one's own legal affairs if one cannot acknowledge the deed before a non-lawyer notary?

Reply by jba/fl on 2/23/12 3:05pm
Msg #412781

Re: Attorney only states; Georgia opinion contradictory

Georgia grows peanuts; that should be sufficient.

Reply by Linda_H/FL on 2/23/12 3:40pm
Msg #412782

Re: Attorney only states; Georgia opinion contradictory

It's my belief (and just my opinion) that their intent was to do away with notary remote closers who obtain the package and conduct the closing (and they even cite the terms "remote closer", "witness-only closer" and "signing agent" in the code) . If a borrower takes it upon themselves to come in with a mortgage to be notarized I think the notary would be okay - but to put oneself out as a signing agent in GA is illegal and, in their opinion, UPL.

Now, that being said - we know it's done all the time. There are more GA notary signing agents than you can shake a stick at

Reply by VT_Syrup on 2/23/12 4:10pm
Msg #412783

Re: Attorney only states; Georgia opinion contradictory

I agree. I think their word "facilitate" would cover a coordinated series of actions, such as listing oneself on a website like this one, accepting an assignment, printing the docs, delivering the docs, checking that everything got signed and notarized, and finally sending it back. A notary at a shipping storefront who takes the acknowledgement of whoever walks in the door would probably be OK.

Even if there is a technicality that would let an NSA get away with it if he/she was careful not to give legal advice, the NSA should realize from reading the opinion that the the State of Georgia has him/her in their sights.

Reply by Linda_H/FL on 2/23/12 5:04pm
Msg #412787

What's scarey is title companies and signing services

don't all seem to realize that GA is attorney only - otherwise there'd be no work given to notaries as remote closers.

I think MA is watching this a whole lot more closely than GA is but that's JMO

Reply by MW/VA on 2/23/12 2:56pm
Msg #412778

??? You asked this in msg. 412677 a while back,

didn't you.