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
  Notaries are restricted from handling funds. For example, if a Notary Signing Agent handles funds at a loan signing, he or she must obtain a 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.
• Washington, D.C.
  A licensed title insurance producer or a title attorney must be present at a closing appointment effective, January 1, 2011. While D.C. Notary Signing Agents are not technically required to hold a title insurance producer license, NSAs who seek to perform loan signings without a title insurance producer or title attorney present must be licensed as a title insurance producer.
• 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 (November 30, 2011) 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.