Reply by Linda_H/FL on 3/8/13 10:50am
Msg #460057
Maybe this will help - if I'm reading it correctly
"attorney supervision" doesn't fulfill the qualification - the attorney must conduct the closing - you can research the cited cases yourself:
"In 2000, the Delaware Supreme Court approved a decision by the state's Board on the Unauthorized Practice of Law that a real estate settlement company and three people associated with the company were engaged in the unauthorized practice of law by conducting real estate settlements in Delaware without the assistance of an attorney (In re Mid-Atlantic Settlement Servs., 755 A.2d 389, 2000 Del. LEXIS 243 (Del. 2000)). The board noted that “no attorney is present during these settlements, and in most instances no Delaware attorney is involved in the loan and settlement process . . . In addition, no Delaware attorney reviews the documents used at the settlement” (Mid-Atlantic, 2000 Del. LEXIS 243, at *3-4).
The board found that the company engaged in the practice of law when (1) determining the proper legal description of the property as set forth on the deed to be included on an exhibit on the mortgage and (2) explaining to the borrower the terms of many legal documents, including the note, mortgage, Planned Unit Development Rider, the Truth-in-Lending Disclosure, and the first payment letter.
The court approved the board's recommendation that required an attorney licensed in Delaware to conduct a closing of a sale of Delaware real property or a refinancing loan secured by Delaware real property."
http://www.cga.ct.gov/2009/rpt/2009-R-0448.htm
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