This is just the third refinance I have done and there is a new form that I am not sure about and need your help please. There is a Buyer Attestation form that they need to initial in several spots and sign. At the bottom of the form there is a spot for "Closing Agent Signature". I know that I am not the closing agent, I am the notary signing agent. So, do I have the buyer initial and sign the form and leave the signature for the closing agent to sign when they receive the package?
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There are often forms youâve never seen before (& might not ever see again). Either Lender or TC & even odd SS forms. And they tend to use notary or closing agent or signing agent or some other âtitleâ indiscriminately or interchangeably, even thoâ thatâs wrong and very confusing. I have found that IF you âread for comprehensionâ, you almost always can figure out whether you sign or itâs meant for some other person (the actual TC Closing agent, Lender, LOâŠnone of whom are you or the borrower/signer).
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I have seen in other posts the terms are used interchangeably and that is why I am doubting my knowledge in this one. My comprehension tells me this form is for the closing agent to sign. I hope I am right. As info, the top of the form says in Bold, ATTENTION SETTLEMENT AGENT, and the bottom paragraph where the signature line for closing agent is says âI, the Closing Agent, attest that the above five statements have been clearly explained to the borrowers etcâŠâ. Please correct me if I am wrong that I do not sign this form. Finding real answers is hard. Thank you for your expertise Arichter! Experienced notaries as yourself make all of our jobs a little less stressful.
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âLooks likeâ you are correct. ButâŠstillâŠwhen in doubt, BEST to call hiring party. THEN, whatever happens is not your fault. After 25 years, Iâd have no problem with calling for direction. Itâs the smart thing to do for the reason previously stated.
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You are neither the Settlement Agent nor the Closing Agent; do not sign those forms; have buyers/borrowers sign where indicated and let title tend to having the other part signed when they get the documents back - by the Settlement Agent/Closing Agent.
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What is the buyer attesting when they initial? Is there a disclaimer before the closing agent signature line? It sounds like a form title will sign as closing agent.
Thank you for your direct and informative answer. I needed this confirmation to sleep tonight. 
The buyer is attesting that there are no changes in employment, financial obligations, credit, missed payment and ability to fulfill their obligations. The disclaimer before the closing agent signature attests that the statements above were clearly explained to the buyer and the buyer attested to the accuracy.
I am familiar with that form. It is not something a notary will sign.
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Thank you! I am feeling much better having received solid answers from this forum. I appreciate your insight!
Hi, for the next time you run into one of those, you said the signer is verifying things were âexplained to the buyerâ. Thatâs the giveaway to quickly figure out what to do. A signing agent is not the one to be explaining things much outside of basically pointing to the spot on the right document you would find the correct answer to a question⊠so âexplainingâ involved, gotta be for them to sign off on. Other spots you see that, if you look it often talks about things you have no part in (for ex: confirmed the wire for the payoff was transmitted). See something like that, not for you. Also, Verifying Identity documents (Patriot Act-Identity Affidavits) probably are for you. I get Patriot Act forms with names filled in under signature line or closing agent filled in and I always strike out those and fill in my name/title - initial the correction and sign,date, title etc. If thereâs one of those in your package thatâs for you
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You should simply ask the hiring company. Then youâll know for sure. Your question will definitely be appreciated. When you make a mistake it is also a reflection on the signing company. They would much prefer you ask.
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My "go to " action in these cases is to make 2 copies for borrowers to complete. One I sign (cross out any title) and write -Notary Public Signing Agent. The other I leave for some one else to sign. this way you are covered for either way.
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