Copied from message 220613 by Dave Heine of FL.
Other messages in that thread are also helpful.
Ok, you asked how we do closings in Illinois. We can go to our underwriters website and search for title companies/attornies in that area. We can call them and set up closings through them, just like when they have closings in our area we they can call us. Some title companies are picky and want other title companies to do the courtsey closing.
As far as is it an underwriter thing, no, I Illinois, Maryland, South Carolina, and Mass it is set by state laws or in regulations by the Department of Insurance that we can not use notary signing agents or signing services.
Understand that if we choose to skirt the law, and there are those that do that, since the underwriter and the law in particular has set the "practice", not following the guidelines sets me up for "malpractice" and if I have to buy back that loan or laons, I really do not think that A) my underwriter is going to be happy as it sets me up for a title claim, B) the state will more than likely take sanctions against my license (which is reported to all the other states I am licensed in and they will also take some kind of sanction) and last but not least would be C) my e&o carrier will not be happy as they will have to pay the claim, then come after me and also the company for the loss.
So all in all, it is not worth it to lose my licenses over to not follow the directions of my underwriters and the law.
In Illinois, you fall under the Division of Financial Services, and per state la you need to have an independent escrowee license.
This is from the DFS website:
The Act also requires the certification of Independent Escrowees. These independent escrowees receive deposits, in trust, of funds or documents for the purpose of effecting the sale, transfer, encumbrance or lease of property held until the title to the subject property is in prescribed condition.
The state looks at the fact that you receive the DOCUMENTS and therefore fall under the licensure act. This is from an ALTA publication in 2003 and is still relevant in Illinois:
However, the Department of Financial Institutions of the State of Illinois has asserted that signing/notary companies advertising and operating in Illinois must be certified as Independent Escrowees, although at recent date, there were no such Independent Escrowees licensed in Illinois . An Independent Escrowee is defined as a person, other than a title insurer or title insurance agent, which receives deposits in trust of funds or documents for effecting a transfer or encumbrance of real property “to be held by such escrowee until title to the real property that is the subject of the escrow is in prescribed condition.” Several cease and desist orders had been issued against signing companies based on the Department's interpretation of the applicability of the requirements for an Independent Escrowee. |
| Messages in this Thread |
|  Almost everything you need to know to become successful - Dorothy/MI on 4/22/05 11:00am |
|  Good job, Dorothy-MI! n/m -  Brenda Stone on 4/22/05 11:07am |
|  Thank you again, Dorothy and Brenda, et al!! - Mary Mantz on 4/22/05 4:42pm |
| further evidence of a slow down - anon on 4/22/05 11:48am |
| Loan Signer Training - Anya/LA (CA) on 4/22/05 1:04pm |
|  Re: Loan Signer Training - MaggieMae_CA on 4/22/05 3:23pm |
| Re: Loan Signer Training - Mary Mantz on 4/22/05 4:45pm |
| Added to thread #33325-Counter-point View- NSA training - BrendaTX on 7/13/05 9:06am |
| Re: Loan Signer Training - Carlos/CA on 12/10/10 12:10pm |
| Re: further evidence of a slow down - Stephen_VA on 4/22/05 2:51pm |
| Re: Almost everything you need to know to become successful - chelleCA on 4/22/05 2:11pm |
| Re: Almost everything you need to know to become successful - Knotaree DC on 4/22/05 3:49pm |
| Re: ALMOST everything you need to know to become successful - JanetK/CA on 7/18/05 12:33am |
| Details and Accuracy are Important - adding to #33325 - BrendaTX on 7/14/05 11:00am |
| Re: Almost everything you need to know to become successful - Laura_NH on 4/22/05 10:50pm |
| Re: Almost everything you need to know to become successful - Sansan7 on 5/18/05 9:11pm |
| Re: Almost everything you need to know to become successful - David Woodul on 5/30/05 5:30pm |
| CA-Almost everything you need to know to become successful - Elda Garibay on 6/1/05 2:17pm |
| Re: Almost everything you need to know to become successful - sweetpea, al on 6/1/05 5:50pm |
| Re: Almost everything you need to know to become successful - nkroyall on 6/7/05 4:17pm |
| Additional information - Not an entitlement - Dorothy/MI on 6/13/05 8:57am |
| Bookmark 'em - BrendaTX on 6/13/05 9:32am |
| Re: Additional information - Not an entitlement - Judith_VA on 6/13/05 3:00pm |
| Re: Additional information - spell check - SamIam_CA on 6/13/05 3:27pm |
| Recommended Reading: As a new NSA..here is my perspective - BrendaTx on 6/13/05 9:32pm |
| Re: Recommended Reading: Added Nicole to #33325 thread n/m - BrendaTx on 6/13/05 9:33pm |
| Re: Additional information - Not an entitlement - NJDiva on 9/29/10 10:00pm |
| Adding to "Success" thread #33325 - Here's eDoc practice. - BrendaTx on 6/13/05 9:36pm |
| HP Printers/Printer Command Language (PCL) by PAW_Fl - BrendaTX on 6/17/05 8:51am |
| Re: Adding to "Success" thread #33325 - Here's eDoc practice. - katsr_CA on 8/31/05 2:40pm |
| Re: Adding to "Success" thread #33325 - Here's eDoc practice. - DTNotaries on 3/16/06 6:59pm |
| Re: 2nd link doesn't work any longer - Jodith/WA on 1/2/10 6:25pm |
| Jodith, this is a very old thread (4 years) - BrendaTx on 1/2/10 6:31pm |
|  Re: Jodith, this is a very old thread (4 years) - Jodith Allen on 1/2/10 6:39pm |
| Re: More advice from Brenda/TX - Dorothy/MI on 6/16/05 9:55pm |
| Beginner's FAQs (Compliments of AngelinaAZ) - BrendaTX on 6/17/05 5:13am |
| Making the Confirmation Call...by Iris-WA - BrendaTX on 7/12/05 2:56pm |
| What Ernest CT says about the Confirmation Call - BrendaTX on 7/12/05 2:58pm |
| Why people are reluctant to post TC info from Nd_WA - BrendaTX on 7/21/05 8:10am |
| Re: Why people are reluctant to post TC info from Nd_WA - tfarmertx on 7/23/05 8:02pm |
| Acronyms regarding loans by Brian/CA - BrendaTX on 7/21/05 9:07pm |
| Re: Acronyms regarding loans by Brian/CA - linda/ca on 7/23/05 9:51pm |
| Re: Acronyms regarding loans by Brian/CA - linda/ca on 7/24/05 3:19am |
| End of Month - Bonnie/FL Explains - BrendaTX on 7/24/05 12:48pm |
| Accepting an Assignment / Quoting Fee / EOM (+ to #33325) - Brenda Stone on 7/26/05 4:13am |
| Small claims court for #33325 by Nicole & by Melody - BrendaTX on 7/26/05 5:05am |
| Quoting your fee to SS's...ASK like THIS - TCMN on 7/26/05 5:19pm |
| Birth, Labor & Delivery of a mortgage loan - by Renee Kovacs - BrendaTX on 9/19/05 1:07pm |
| Clues to spotting a Signing Services to void by Charles_CA - Iris Grayson on 9/19/05 4:11pm |
| Pricing and Fees by NorCalDar on 10/7/05 - BrendaTX on 10/7/05 1:47pm |
| Re: Pricing and Fees by NorCalDar on 10/7/05 - Nathan Ellsworth on 10/19/05 11:19pm |
| I disagree - the $10 @ is justified - ALL SONOMA MOBILE NOTARY - Judith Neeley on 2/19/08 9:13pm |
| Required Reading - NSA 101-Orientation by Roger OH - BrendaTx on 11/14/05 3:56pm |
| Required Reading - NSA 101 - UPDATE to #33325- by Roger OH - BrendaTx on 5/17/06 5:24pm |
| Adding #76283 to the thread of Message #33325 - BrendaTx on 1/27/06 12:21pm |
| Jersey Boy's 2 cents... Adding to #33325 - BrendaTx on 2/3/06 10:21am |
| Re: Almost everything you need to know to become successful - Brenda Stone on 2/5/06 3:50pm |
| For Income Tax starting place, see Msg #94550 - BrendaTx on 2/5/06 3:52pm |
| A Lesson on Attitude for New SAs... - BrendaTx on 2/9/06 3:00pm |
| A Lesson on Attitude for new SA's .... by JanetK_CA - TitleGalCA on 2/9/06 8:27pm |
| above post by JanetK_CA, not TitleGal N~M - TitleGalCA on 2/9/06 8:28pm |
| Posted from msg 95364 - Brenda_TX - Newbie Msg for Today - Dorothy_MI on 2/10/06 2:37pm |
| Re: Posted from msg 95364 - Brenda_TX - Newbie Msg for Today - lulu on 2/10/06 3:11pm |
| Msg List - Going Mobile - adding to #33325 (From BeccaFL) - BrendaTx on 2/13/06 10:20am |
| Mobile Office - adding to #33325 (From BeccaFL) w/ Keywords - BrendaTx on 2/13/06 10:25am |
| From CharlesCA - Adding to 33325 - True Professional Society - BrendaTx on 2/13/06 3:07pm |
| Tina of MA re: Fees - When to renegotiate a fee - BrendaTx on 3/28/06 4:06pm |
| The Other Side of the Coin (back by popular demand) - BrendaTx on 3/28/06 5:04pm |
| Discussing the title company solicitation....added to #33325 - BrendaTx on 3/31/06 2:55pm |
| No HUD with the package from PAW-FL //added to #33325 - BrendaTx on 4/2/06 12:59pm |
| Signing errors through the lenders eyes by Renee Kovacs - TitleGalCA on 4/5/06 11:31pm |
| Re: Almost everything you need to know to become successful - Anonymous from 71.66.111.249 on 4/30/06 6:24pm |
| Deed of Trust/Mortgage by Atty - Kevin/CT added to #33325 - BrendaTx on 5/2/06 12:28pm |
| Re: Deed of Trust/Mortgage - PAW - Added to #33325 - BrendaTx on 5/2/06 12:30pm |
| Notary Certifying Copy - See Thread beginning w/Msg #117135 n/m - BrendaTx on 5/2/06 12:32pm |
| Additional Info -- especially if you live alone - Dorothy_MI on 5/5/06 1:28pm |
| Manufactured Homes / Finding Info by Lawrence OK - BrendaTx on 5/7/06 7:55pm |
| Adding to #33325 - My First Signing & Marketing by eboughey - BrendaTx on 5/11/06 7:43am |
| Adding to 33325 - StamperWI - Standard Fees Calculation - BrendaTx on 5/12/06 9:18am |
| Msg to New Signing Agents from Sylvia_FL added to #33325 - BrendaTx on 5/17/06 11:44am |
| Demand for payment letter - adding to 33325 by droman_IL - BrendaTx on 5/18/06 7:22am |
| New Signing Agents-Read This First! Adding to #33325 Marlene - BrendaTx on 5/19/06 9:24am |
| Signing prior to printed date ReneeK - added to 33325 - BrendaTx on 5/19/06 9:32am |
| Re: Signing prior to printed date BarbaraL-CA added to 33325 - BrendaTx on 5/19/06 9:37am |
| How to get help on this forum - CaliNotary added to 33325 - BrendaTx on 5/19/06 4:48pm |
| About Backdating... by ReneeK adding to 33325 - BrendaTx on 5/22/06 1:59pm |
| Professionalism and Responsibility - BrendaTx on 5/27/06 2:22pm |
| Apostille (or apostilles) Adding to #33325 [by Gerry VT] - BrendaTx on 5/31/06 5:55pm |
| Addition to 33325 - First & Second by ND-WA and CMS-NY - BrendaTx on 6/1/06 10:39am |
| By BrendaTX 5/26/06: *...for those who understand business* - Ndwa on 6/2/06 4:20pm |
| Id on the Amish - Stamper/WI - adding to 33325 - BrendaTx on 6/6/06 7:04pm |
| Newbies - a lesson on attitude by Janet K - adding to 33325 - BrendaTx on 6/8/06 10:54am |
| Date Clarification - Roger OH - adding to 33325 - BrendaTx on 6/23/06 2:52pm |
| Considerations for getting started/Dorothy MI /add to #33325 - BrendaTx on 7/9/06 1:15pm |
| For the Newbies.. Things to carry with you/ADDING TO 33325 - Brenda Stone on 7/17/06 1:24pm |
| More Things to carry with you/ADDING TO 33325 - BrendaTx on 7/17/06 1:41pm |
| Re: More Things to carry with you/ADDING TO 33325 - BrendaTx on 7/17/06 1:55pm |
| Re: More Things to carry with you/ADDING TO 33325 - Brad/AZ on 4/3/07 2:30pm |
| Slow down in Business - Surfers or Signers - add to #33325 - BrendaTx on 7/19/06 2:11pm |
| Adding to 33325 - From One Newbie to Another - Great advice - BrendaTx on 8/12/06 12:05pm |
| Re: Adding to 33325 -Check list of compter needs for working - hcampersFL on 10/30/06 7:10am |
| From one Newbie to another…Sharon Nunley - BrendaTx on 2/9/07 6:43am |
| Re: From one Newbie to another…Sharon Nunley - BrendaTx on 2/9/07 6:44am |
| History of the loan industry and how it affects NSAs today - Laura Vestanen on 3/18/07 6:36pm |
| If you're a newbee and take $50 signings, PLEASE read - Laura Vestanen on 4/2/07 7:54pm |
| Update to Famous Message 33325 - Tim_Mphs/TN on 4/28/07 3:02am |
| Re: Almost everything you need to know to become successful - Stella Gonzales on 5/3/07 7:23pm |
| Dressing Professionally - by kcg/IN - adding to #33325 - BrendaTx on 5/4/07 12:12pm |
| All of the VA Crespa questions - by Shannon Va- +'d to33325 - BrendaTx on 5/28/07 9:18am |
| First, learn the basics of signing. Added to #33325 - BrendaTx on 9/4/07 6:41am |
 | Important for NSAs in Illinois, Maryland, So Carolina, Mass - Laura Vestanen on 11/11/07 5:35am |
| Before you think about starting - by CJ in CA - add to 33325 - BrendaTx on 11/15/07 2:47pm |
| NSA Professional Standards - MistarellaFL on 8/16/08 11:36am |
| The Client/Vendor Relationship -- a MUST see video!! - Marian_in_CA on 5/31/09 4:28pm |
| True skinny: Notary advocate / presentment / honor-dishonor - Laura_V on 10/1/09 5:54pm |
| Re: True skinny: Notarial protest / certificate of dishonor - Robert/FL on 11/12/09 11:51am |
| Believe in yourself! - John_NorCal on 10/24/09 10:22am |
| Forgot to add..... - John_NorCal on 10/24/09 12:52pm |
| Our fees + their relevancy to state of industry - Laura_V on 10/29/09 11:25am |
| Re: What is a good rate to set and keep? - Laura_V on 11/25/09 11:57am |
| A perspective on our business Posted by JanetK_CA 1/5/10 - Laura_V on 1/5/10 6:34pm |
| Post by Les CO re the current state and probable future of.. - Laura_V on 1/12/10 10:05am |
| Better is not always cheaper & Cheaper is not always better - Moneyman/TX on 12/4/10 1:11am |
| You are an Independent Contractor...not an employee... - Lee/AR on 4/12/10 8:16am |
| Buddy's Lessons - For New Notaries 101 - BrendaTx on 6/2/12 9:03am |
| SS&TC Research Our Industry-We are Certified for God's Sake - bygrace/PA on 6/21/12 6:33pm |
| Decide if you are a Checker, Poker or Chess Player - bygrace/PA on 6/21/12 6:37pm |
| Tipsabout using signing central and NR forum from NJDIVA - SheilaSJCA on 8/23/12 11:07am |
| Please send information to... - Olivia Mosley on 1/13/15 11:56am |
| Olivia Mosley - you are in old files - jba/fl on 1/13/15 8:05pm |
| Sequence of events - Lender to NSA by Deborah Breedlove - BrendaTx on 9/27/12 10:15pm |
| Re: Almost everything you need to know to become successful - Janice Stephens on 10/19/12 12:36pm |
| Don't work for Low Ball, No Pay Companies - BrendaTx on 10/20/12 1:46pm |
| Sample Loan Document Package - BrendaTx on 11/25/12 3:58pm |
| Re: Sample Loan Document Package - HisHughness on 11/25/12 4:23pm |
| LOL~! n/m - BrendaTx on 11/25/12 7:45pm |
| Key Tools for Maximizing NSA Success (adding to 33325) - BrendaTx on 2/4/13 6:32am |
