NSA State Restrictions
The following states have certain restrictions that may apply to Notary Signing Agents and their ability to handle loan signings in their state:
Connecticut Requires requires an attorney’s signature on the title policy, but does not require attorneys to close real estate transactions. Nevertheless, by custom, attorneys close most real estate transactions in Connecticut.
Delaware Requires an attorney admitted to the state bar to be present or involved in the closing of real property transactions.
Georgia Requires an attorney admitted to the state bar to be present or involved in the closing of real property transactions.
Indiana Requires a title insurance license for all closings.
Maryland Requires a title insurance license for all closings.
Massachusetts Requires an attorney admitted to the state bar to be present or involved in the closing of real property transactions. A Notary who is employed by a lender may notarize a document in conjunction with the closing of his or her employer’s real estate loans.
Nebraska Limits the fees Notaries may charge (to the statutory maximum fees for notarial acts only). No ancillary fees, such as a courier fee, may be charged.
Nevada Limits the fees Notaries may charge (to the statutory maximum). These fees include an hourly travel fee based upon the time of day traveled.
North Carolina Limits the fees Notaries may charge (to the statutory maximum fees for notarial acts). No other ancillary fees may be charged.
South Carolina Requires an attorney admitted to the state bar to be present or involved in the closing of real property transactions.
South Dakota Authorities conflict about whether Notary Signing Agents can conduct signings without being an attorney.
Texas Home Equity Line of Credit (HELOC) loans are subject to Article XVI, Section 50 of the Texas Constitution and must be signed and closed in the office of a lender, attorney or title company.
Utah As of 2006, Notary Signing Agents can notarize and obtain signatures on title escrow settlement documents. However, the Utah Department of Insurance stresses that if a Notary goes beyond this limited role, he or she may be required to obtain an escrow license.
Vermont Requires an attorney admitted to the state bar to be present or involved in the closing of real property transactions.
Virginia Restricts Notaries from conducting real property signings without an escrow license if they but once handle monies for closing costs.
West Virginia Requires an attorney admitted to the state bar to be present or involved in the closing of real property transactions.
Note: These notices are based upon the best available information at the time of publication (January 5, 2007) and are not intended as legal advice. The conditions described above are subject to change at any time due to legislative, executive or administrative decisions or developments.
