In 2024, is anyone else experiencing this issue? You receive multiple notifications for HELOCs, but accessing a Title Company or Attorney’s office to process them is not possible, leaving you no option but to decline. Signing Services are ready to offer up to $125 plus room charges, yet no one (Title Companies & law firms) seems willing to facilitate. Why must notaries find a location for conducting someone’s HELOC? Shouldn’t the Real Estate attorney, Title Company, or Signing Service be responsible for securing the locations? Why does this responsibility fall on us? I welcome all feedback on this matter.
It’s a crazy TX thing. Many have same problem finding location. If you do…you’re golden.
If member of a Chamber of Commerce, go there. Public Library, go there. Your church, or friends work offices, coffee shops, you name it. I don’t turn down offers, I find solutions! Good luck!
Thank you for your response. I’m looking into options, like joining and networking with other professionals at my city’s Business Chamber of Commerce. Just finding ways to get around this seemingly roadblock!
Thank you for your response. That is exactly what I aim to do…find solutions!!
Hi Rob ~ I’m a frequent flyer of certain Starbucks for signings. Some Starbucks are very clean and have tables that seat 4 to 6 people. Taped in front of my notary log are addresses for Starbucks I frequent. Some Starbucks are too small. I have been using this solution since 2015. Other options that are nice are libraries but they often get crowded unless I use early mornings.
She is in TX - must be done in attorney’s office or title office
Indeed, Linda, I’m in Texas, and it’s mandated by state law. I understand the need for such measures to prevent predatory practices, but I’m puzzled as to why locating the venue falls solely on us. Shouldn’t the lender, title company, or signing services be responsible for securing a space, especially since they’re aware of the state law requiring HELOCs to be conducted at an attorney’s or title company’s office? After all, it is their loan. Or perhaps there’s an aspect I’m overlooking?
It’s on you because coordinating a TC/Att’y with a notary is more work for them. And the attorney or title co. would probably be more likely to say NO because they’d never know who/what is gonna show up in their office.
…and that’s the disheartening aspect of it all. Not all of us notaries are unscrupulous invididuals! We are truly to serve the public and make a nice coin in the process. I mean I get it, Texas does not want homeowners to overextend themselves financial due to predatory lending practices, it’s just that us notaries are caught in the middle. They ought to amend the ‘location’ statute a bit. But then I saw this law saying, “The closing may occur in any area located at the permanent physical address of the lender, attorney, or title company (e.g., indoor office, parking lot).” Is this correct? (Texas Administrative Code):
Texas Administrative Code Next Rule>>
TITLE 7 | BANKING AND SECURITIES |
---|---|
PART 8 | JOINT FINANCIAL REGULATORY AGENCIES |
CHAPTER 153 | HOME EQUITY LENDING |
RULE §153.15 | Location of Closing: Section 50(a)(6)(N) |
An equity loan may be closed only at an office of the lender, an attorney at law, or a title company. The lender is anyone authorized under Section 50(a)(6)(P) that advances funds directly to the owner or is identified as the payee on the note.
(1) An equity loan must be closed at the permanent physical address of the office or branch office of the lender, attorney, or title company. The closing office must be a permanent physical address so that the closing occurs at an authorized physical location other than the homestead. The closing may occur in any area located at the permanent physical address of the lender, attorney, or title company (e.g., indoor office, parking lot). (2) Any power of attorney allowing an attorney-in-fact to execute closing documents on behalf of the owner or the owner’s spouse must be signed by the owner or the owner’s spouse at the permanent physical address of an office of the lender, an attorney at law, or a title company. A lender may rely on an established system of verifiable procedures to evidence compliance with this paragraph. For example, this system may include one or more of the following: (A) a written statement in the power of attorney acknowledging the date and place at which the power of attorney was executed; (B) an affidavit or written certification of a person who was present when the power of attorney was executed, acknowledging the date and place at which the power of attorney was executed; or (C) a certificate of acknowledgement signed by a notary public under Chapter 121, Civil Practice and Remedies Code, acknowledging the date and place at which the power of attorney was executed. (3) The consent required under Section 50(a)(6)(A) must be signed by the owner and the owner’s spouse, or an attorney-in-fact described by paragraph (2) of this subsection, at the permanent physical address of an office of the lender, an attorney at law, or a title company.
Not in TX, but I think that ‘parking lot’ nonsense was due to covid (but IF the law’s still valid…) I ‘think’ the parking lot closing was much abused during covid. The TC/Lawyer’s physical address was ‘used’ (& abused…they didn’t know a thing about it.) Nor would they even today if held in their office. It’s a well-intentioned but still stupid law.
I agree! Thank you so much for your invaluable insight!!
There are more notaries in Texas than people living in Wyoming. So finding a notary who has Title or Attorney’s office privileges can’t be that difficult. You are frustrated because you don’t have those privileges. I guess it’s time you cultivate a relationship if you are serious about getting those assignments.
Sir that is exactly what I am doing in the meantime. It’s okay to be frustrated, what’s not okay is being frustrated and doing nothing about it.
Best bet: Find a starving lawyer.
Yes, it’s super hard and frustrating, as most title and attorney offices don’t offer their space. It took me years; and by chance, I fostered a relationship with an attorney here doing a random RON, and have been blessed not only with office space but, GNW.
This whole business is a one you’ve got to put your time in. None of it happens overnight-years of grinding and presence…and not once have I paid for a ridiculous $300 class. All self taught, learning along the way, and going to real estate school as an agent helped (a little).
Good luck!
Indeed, hard work is essential for genuine success! At present, I’m utilizing strategies to network with professionals such as lawyers, real estate agents, and title company representatives via my local chamber of commerce, with the goal of also being a resource for them. My enthusiasm for notary work has intensified, particularly as I explore the intricacies of Texas state laws concerning HELOCs. Even though I encounter some challenges, my resolve is steadfast. I am convinced that through persistent effort and attention to detail, I can grow my mobile notary business. I deeply appreciate your insights and hold them in high regard. I wish you a wonderful day, and may you continue to secure plentiful work and establish enduring relationships!
Absolutely!! That just may be the way to go!
I was going to say that. I do estate planning notarization for a young lawyer who rents office space in the middle of town. He only uses it once a week but pays for it. Maybe you can find a young lawyer who would share it with you.
You know what? That’s exactly what I’m going to do! Thanks!!