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 Loan signing w/o proper training?
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LindaH

Florida
1754 Posts

Posted - 07/09/2011 :  09:02:53 AM  Show Profile  Reply with Quote
quote:
Originally posted by EvaOB

quote:
A notary cannot independently conduct signings in MA ...


I know of this and no, I have only done closings for out of state purchases, refis etc. which is fine, no attorney needed.

Well, all I can tell you is attorneys (some) here do employ mobile notaries and send them out for this type of work.
It is being done and yes the notary that I know who does this has been doing this for 7 plus years.








Well, all I can say is good luck. This decision came down this year (see date 4/25/2011) - and I didn't see any separation for MA property and out-of-state properties - it simply states "real estate closings". I know if it were me, personally, and a decision worded like this were handed down in Florida, I'd no longer be doing loan signings until I had clarification, in writing, about exactly what is covered under this law...but for now, to me, the intent is clear.

But, I'm not an attorney...just a fellow notary who wishes you luck. If you're going to continue to do loan signings despite this "writing on the wall" I'd simply suggest you just make sure (a) you have a good liability (not E&O) policy in place, or (b) the attorney is covering you under his professional liability/malpractice insurance.

JMO


Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
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EvaOB

Massachusetts
28 Posts

Posted - 07/09/2011 :  06:44:21 AM  Show Profile  Reply with Quote
quote:
A notary cannot independently conduct signings in MA ...


I know of this and no, I have only done closings for out of state purchases, refis etc. which is fine, no attorney needed.

Well, all I can tell you is attorneys (some) here do employ mobile notaries and send them out for this type of work.
It is being done and yes the notary that I know who does this has been doing this for 7 plus years.




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LindaH

Florida
1754 Posts

Posted - 07/09/2011 :  06:11:15 AM  Show Profile  Reply with Quote
quote:
Originally posted by EvaOB

quote:
Originally posted by Renee

Eva, Massachusetts is an "Attorney Only" state, meaning that by law, all real estate & mortgage loan transactions (purchases as well as refi's) can only be performed/signed/closed by an attorney.



Yes Renee. This was an out of state loan/closing. The signers live here for the next 2 years.

Also, the above statement is not totally true. You CAN do a closing in MA if the attorney gives it to you. I have several friends that have hooked up with attorneys and that is where they get most of their work.



Eva...check carefully on this - although MA is not a strict attorney-only state, it IS what I refer to as an attorney *restricted* state - meaning the attorney has to be supervising the signing agent - not just giving them the assignment. Read here:

http://www.massrealestatelawblog.com/2011/04/25/reba-v-nreis-ruling-massachusetts-real-estate-attorneys-must-not-only-conduct-closings-but-take-substantive-participation-in-residential-transactions/

In part:

"Massachusetts attorneys must be present for closings and take active role in transaction both before and after the closing"

A notary cannot independently conduct signings in MA ...






Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell

Edited by - LindaH on 07/09/2011 06:15:03 AM
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EvaOB

Massachusetts
28 Posts

Posted - 07/09/2011 :  05:33:50 AM  Show Profile  Reply with Quote
quote:
Originally posted by Renee

Eva, Massachusetts is an "Attorney Only" state, meaning that by law, all real estate & mortgage loan transactions (purchases as well as refi's) can only be performed/signed/closed by an attorney.



Yes Renee. This was an out of state loan/closing. The signers live here for the next 2 years.

Also, the above statement is not totally true. You CAN do a closing in MA if the attorney gives it to you. I have several friends that have hooked up with attorneys and that is where they get most of their work.
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Renee

Michigan
549 Posts

Posted - 07/09/2011 :  04:23:02 AM  Show Profile  Visit Renee's Homepage  Reply with Quote
Eva, Massachusetts is an "Attorney Only" state, meaning that by law, all real estate & mortgage loan transactions (purchases as well as refi's) can only be performed/signed/closed by an attorney.
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CopperheadVA

Virginia
420 Posts

Posted - 07/09/2011 :  04:20:58 AM  Show Profile  Reply with Quote
I still use stickies on the loan application. I hand it to the signer and say "I flagged where you sign and initial - just follow the flags". This seems to greatly speed up the signing of that document, however sometimes the signer will still miss the date or an initial on one of the pages.

We all had to start somewhere. Sounds like you will be fine! Do you read the Notary Rotary forum? Lot's of good info there as there is here on 123Notary.

CopperheadVA

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EvaOB

Massachusetts
28 Posts

Posted - 07/08/2011 :  6:37:10 PM  Show Profile  Reply with Quote
Thanks Copperhead.

I did my 3rd one tonight but without help (stickies, arrows, instructions or a person I could call). I was scared they were going
to ask questions but they didn't. Feel good about it now...it was a huge package.
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CopperheadVA

Virginia
420 Posts

Posted - 07/08/2011 :  5:08:01 PM  Show Profile  Reply with Quote
I never took any formal training. I had a friend who used to be a loan officer and he tutored me on loan docs, but most of it I taught myself through research and reading the notary forums. And I had a desire to be the best notary I could be. That comes first for me.

CopperheadVA

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EvaOB

Massachusetts
28 Posts

Posted - 07/08/2011 :  12:44:58 PM  Show Profile  Reply with Quote
I was wondering how many people here have done a loan signing (100+ pages) without formal training or having taken an online course. ANybody?
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