Can someone from NY explain what does it mean when a signing company says - oh, you are in an attorney state. I understand that an attorney has to be part of the closing. But does that mean all RE transactions need to be overseen by an attorney?

1

Why do I get requests for REFI, Reverse Mortgage, HELOC signings if I am in an attorney state? Can a signing agent close these loans and are they legitimate closings if this is an attorney state? If someone can explain, I would be very grateful.

2

Unless I’ve been doing many closings horrifically wrong for many years (and my own personal R/E purchases and refi’s are invalid and recorded by the Court Clerk illegally), NY is not an attorney state.

Banks are often are represented by counsel (if dealing with third-parties), but a simple refi or in-bank CEMA principal requires no attorney. Even sales contracts require no attorney if between principals (although they are a good idea).

However, if a contract is to be drawn up (or modified), that tends to be the practice of law, and generally requires an attorney’s involvement.

HWB.

2 Likes
3

I ve only been to one atty office to sign docs as a notary
he wasnt present
a few times at Bank Branches where only once was a banker attending
and a few closing agents who work for title companies showed up The last 3 months
The balance of my signings are me and the signers
I can’t remember an attorney ever attending

4

New York is not an attorney state. I have been in the business for over 18 years as a NYS Title Closer.