Are there any loan signing agents doing work in GA (attorney state)? If so, could someone explain why in the GA Notary Handbook it states “Notary Signing Agent” activities are prohibited and may not act as a signing agent in GA on pg 29? It says notaries may notarize loan docs only under the “direct” supervision of an attorney. Getting mixed answers, but the law is written in stone…so how does NSAs in GA go above this and still continue to execute loan docs? I’m clear that we can’t give legal advice, but can make sure the borrower initial, sign and date the docs while the NSA notarize. Just want to hear from other LSA / NSAs in GA!
This is just my opinion: Do not use this as an official advice.
It just means you can’t do the signing without the present of an attorney. The attorney can be present via phone conference all through the whole signing process. But it is not something you need to worry about because the title company who hires you will set all up with the signers and the attorney! The only thing you need to make sure if witnesses are required and must follow the escrow’s officers instruction whether you need to find witnesses or the clients need to bring in witnesses.
Never proceed without talking and confirming with the title and attorney on every single items on docs.
I did one of these and it took me 2 hours! You have to be super confidence and must take control of the signing and close the deal successfully.
I only got paid $200. And I’m sure the attorney probably got paid a pretty good amount $$$$
Maybe this will help - it’s my understanding only licensed Georgia attorneys can conduct real estate closings - now the fly in the ointment seems to be is that for ALL closings or just Georgia property? I have no clear answer to that, but I do know that somehow, Georgia notaries are getting loan docs signed. It was my understanding the Georgia Bar Assn was going to start cracking down on this - I guess they haven’t.
Anyway…in searching I found this article written by a GA attorney - the UPL Opinion came down in 2003 and was reaffirmed in 2012. Maybe this article will help you - I know if I was a notary in GA, knowing what I know, I would not do them…period.
Even tho GA is an attorney state and in return does not authorize signing agent to notarize loans , there still are some state that are escrow states that use signing agencies to send paperwork down where that person might be living at that time(attorney state) ,who might be leaving and buying a house in a different state that is an (escrow state) and in that case it allows a ga signing agent to notarize loan documents for them. Even though the signing is being conducted in attorney state,the loan document are originated and recorded in escrow state/ verbiage etc …hope this makes any since I could be wrong idk.