That's interesting. The way I read the WV Bar Opinion (OP2003-01) << this is not to be construed as legal advice nor a legal opinion >>, it doesn't make any difference where the property is located. If the closing takes place within WV, then an attorney is to do the closing. In 2003, the West Virginia State Bar Committee on Unauthorized Practice of Law (“UPL Committee”) issued Opinion No. 2003-01, which stated that only attorneys licensed to practice in the state of West Virginia, or persons acting under the supervision of such attorneys, could perform title searches and examinations, provide title reports or opinions, perform real estate closings, or deliver closing documents (collectively, “settlement services”).
"In West Virginia, our Supreme Court is the ultimate authority on the definition and regulation of the practice of law. State ex rel. Frieson v. Isner, 285 S.E.2d 641, 647-648 (W. Va. 1981). Further, the West Virginia State Bar and its Committees are agents of the Court. Thus, actions of this Committee can fairly be construed to be an action of the Supreme Court, especially if any act or opinion of this Committee is specifically adopted or approved by the Supreme Court.
V. Conclusion and Solicitations
In conclusion, it is clear that as a whole, real estate closings are the practice of law. The Committee presumes that significant harm to the public occurs just by the practice of law by lay persons and holds such practice to be the unauthorized practice of law. "
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| Messages in this Thread |
|  Hired an NSA and it was a disaster! -  NCLisa on 8/29/08 12:34pm |
|  Maybe that explains why W VA is an attorney-only state n/m - Linda_H/FL on 8/29/08 12:36pm |
|  Well, that begs the question ... - PAW on 8/29/08 1:25pm |
|  Re: Well, that begs the question ... - NCLisa on 8/29/08 1:45pm |
 |  Re: Well, that begs the question ... - PAW on 8/29/08 2:10pm |
|  Re: Well, that begs the question ... - NCLisa on 8/29/08 4:33pm |
|  I think PAW is right - MikeC/NY on 8/29/08 8:41pm |
| How many Bars did He/She have???? hee hee n/m - bfd110_IN on 8/29/08 12:37pm |
| LOL...more like how many had she been in!!..:) n/m - Linda_H/FL on 8/29/08 12:38pm |
| She has a 705, missing 2 bars. n/m - NCLisa on 8/29/08 12:39pm |
| maybe she did those 2 bars on the way?.... - jba/fl on 8/29/08 1:06pm |
| Re: How many Bars did He/She have???? hee hee - goodgirl on 8/29/08 6:56pm |
| Re: How many Bars did He/She have???? hee hee - WDMD on 8/29/08 7:06pm |
| Re: Hired an NSA and it was a disaster! - notaryinmo on 8/29/08 12:40pm |
| That was mean...sorry Lisa....seriously - Linda_H/FL on 8/29/08 12:40pm |
| Re: That was mean...sorry Lisa....seriously - bfd110_IN on 8/29/08 12:48pm |
| Re: That was mean...sorry Lisa....seriously - NCLisa on 8/29/08 12:50pm |
| If I was the borrower, someone other than ME would be - Linda Juenger on 8/29/08 1:26pm |
| Re: If I was the borrower, someone other than ME would be - NCLisa on 8/29/08 1:52pm |
| Re: If I was the borrower, someone other than ME would be - CaliNotary on 8/29/08 3:27pm |
| Re: If I was the borrower, someone other than ME would be - CopperheadVA on 8/29/08 2:25pm |
| Re: Hired an NSA and it was a disaster! - Tish/CA on 8/29/08 1:57pm |
| Let me correct myself - NCLisa on 8/29/08 2:01pm |
| Re: Hired an NSA and it was a disaster! - LKT/CA on 8/29/08 2:32pm |
| Re: Hired an NSA and it was a disaster! - jba/fl on 8/29/08 2:58pm |
| The state of WV differs from NC - Philip Johnson on 8/29/08 2:43pm |
| An experienced NSA would not use white out.... - janCA on 8/29/08 2:56pm |
| I didn't see anyone say the transaction was invalid, just - Charles_Ca on 8/29/08 3:01pm |
| Re: The state of WV differs from NC - BP/WV on 8/29/08 3:25pm |
| My 2 Cents - BP/WV on 8/29/08 3:21pm |
| So Betty since you brought this up, it looks like - Philip Johnson on 8/29/08 3:53pm |
| Re: So Betty since you brought this up, it looks like - BP/WV on 8/29/08 4:50pm |
| Phillip, that would be the attorney who made the - Linda_H/FL on 8/29/08 5:01pm |
| Re: Hired an NSA and it was a disaster! - Ilene C. Seidel on 8/29/08 3:25pm |
| Playing the devil's advocate here let's see if I got this - Paul2_FL on 8/29/08 6:26pm |
| I did not ask an attorney for advice, it was the attorney's - NCLisa on 8/29/08 9:20pm |
| Why were you involved at all as a signing service.... - LynnNC on 8/30/08 9:23am |
| Ooops, I re-read your post and now see.... - LynnNC on 8/30/08 9:25am |
| We are not an SS! - NCLisa on 8/30/08 10:18am |
| Re: Hired an NSA and it was a disaster! - SheilaSJCA on 8/29/08 7:20pm |
| No, I wouldn't pay the notary. But.... - desktopfull on 8/29/08 8:04pm |
| I am not a signing service, I hired the NSA as a real estate - NCLisa on 8/29/08 9:26pm |
| Solution: Professional Network NSA - MistarellaFL on 8/29/08 8:09pm |
| Re: Solution: Professional Network NSA - WDMD on 8/30/08 6:10am |
| Re: Solution: Professional Network NSA - NCLisa on 8/30/08 7:29am |
| Re: Solution: Professional Network NSA - MistarellaFL on 8/30/08 8:22am |
| Re: Solution: Professional Network NSA - WDMD on 8/30/08 9:03am |
| Guess what was missing from the loan package? - NCLisa on 8/30/08 7:33am |
| RTC? n/m - Lee/AR on 8/30/08 8:46am |
| My guess is the note n/m - MistarellaFL on 8/30/08 8:48am |
| You got it, she did not send any note back! n/m - NCLisa on 8/30/08 10:20am |
| And what good is a loan package w/o the note? - MistarellaFL on 8/30/08 10:24am |
| Getting back to your original post ... - Paul2_FL on 8/30/08 10:58am |
| Re: And what good is a loan package w/o the note? - NCLisa on 8/30/08 11:26am |
| Re: And what good is a loan package w/o the note? - JanetK_CA on 8/30/08 6:50pm |
