Notary Public Title on Patriot Act Forms

I’m used to using different titles during the same session. For example, after an election, I might go to the town clerk’s office, and administer the oath of office to the town clerk for the new term of office. I would use the title “notary public” on the oath form. Then I would co-sign a document to certify the election results, using the title “election official”.

We’ll agree to disagree - you wear two hats at a loan signing - notary public and whatever you want to call yourself for the rest of the documents. If I’m not notarizing the signer’s signature, I’m not using the title “notary public” … for all reasons already stated. And thinking on it, if you make a mistake on that form, trust me, your E&O will not cover it as a notary public.

But, you do you. Happy Monday to you too

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I go by the instructions that come from the lender or title company and that is to use the title Notary Public. It’s not a mistake. Recently the instructions changed to Notary Public or Loan Signing Agent" so they quit arguing about it as well.

When I’m deciding what title to use, I look, in order

  1. Vermont law
  2. Rules from the Vermont Office of Professional Regulation (OPR)
  3. Guidance from OPR
  4. What the client wants

LOL I don’t think it is “fancifying” ones self by being a signing agent :rofl:. That made me giggle.
In Washington, as you already know, everyone who is a signing agent must first be a notary public. But not everyone who is a notary public in Washington is also a signing agent. Huge difference between the two. And it is why E&O insurance policies specify whether it is a “NOTARY PUBLIC” or a “SIGNING AGENT” policy. Signing agent refers specifically to those notaries who ARE presenting real estate loan documents.

The subject that keeps on giving.

Unless you are notarizing that document, which you aren’t… it should be just “signing agent” which you are also.

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I use Notary Signing Agent as the Title never have had a problem at least nothing that’s ever been brought up to my attention

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Notary Public will never be wrong. JS

Hi Darla, Glad you are renewing your commission! I agree Notary Signing Agent on the unnotarized Patriot Act form is absolutely fine. The hiring company refers to us as their Signing Agent – thus the document they send us titled “Signing Agent Confirmation” and the document titled “Signing Instructions to Agent” which instructs us, the signing agent/notary signing agent, steps we are expected to take before, during, and after the signing event. The main thing we are signing on their signing agent instruction document is our promise to read instructions and conduct the signing ceremony correctly.

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Potential consequences is absolutely right on!! In my view, we are all Notaries Public first and foremost and Signing Agents, etc. as unofficial supplementary titles thereafter. In the end, does anyione really think the signers care? “Get my loan docs done and get going!”, is what it’s really all about from the signers’ point of view.

Thanks Carmen. That’s what I’ve been doing lately. I’m just trying to follow all the rules to my best ability. It makes sense to me that if I’m not notarizing something then I probably don’t need to use Notary Public as my title. The exam we now have to take (didn’t have to take before) to renew commission has info. about not using Notary Public or Notario Publico in certain instances as well. . .

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I just saw a video about this from Calvin at Comfortable Closings. He said he receives all kinds of things on the PA form for the title. Notary Public, Loan Signing Agent and even…Notary REpublic. Lord if any notary out there is writing this it is WRONG. At the end of the video he said Loan Signing Agent is correct.

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One thing to consider is - a commission identifies no one as a loan signing agent. A commission says Notary Public. That’s why I always use that title. But people will do what they want I suppose.

REpublic, do they have their own country too? :wink:

I have been saying I am a Loan Signing Agent for nearly 4 years, which technically isn’t wrong. However, I just renewed my commission and my ‘
NSA Exam. The certificate specifically states that I am a Certified Notary Signing Agent. Therefore I just write NSA now for my title (without spelling it out) and leave it at that, which is easier than writing out Notary Public, and it is “politically” correct as seen by the examples above. Signing Services have yet to correct me on writing the title that way.

Incidentally, if I may be so bold as to confess, when I was a newbie, I used to write Notary Public after every signature. LOL :blush: Nobody ever corrected me, it’s a wonder I ever got called back. Of course, that’s incorrect, the signature line already states that you’re a Notary Public.

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I’d be very surprised if you commission says “Certified Notary Signing Agent”. For one thing, most notaries are not signing agents. They’re lawyers, legal secretaries, town clerks, bankers, police officers, and the like. In my state, every police officer is a notary.

Also, I’ve heard of states that commission notaries and some that license them. Mine does both, it all has to do with who can discipline judges and lawyers. But I never heard of a state that certifies notaries (except sort of, when they issue an apostille).

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Have never seen a state issued commission for a certified notary signing agent. You pass a test and get a certificate that says certified notary signing agent, but the state of Washington certifies Notary Publics, not loan signing agents. NNA:

Most states allow Notary Signing Agents to perform loan signing services during real estate closings. However, there are 19 states that have additional requirements for or limitations on performing loan signings.

  • States that require attorney involvement or where attorney involvement is customary: Connecticut, Delaware, Georgia, Massachusetts, South Carolina, Vermont and West Virginia.

In Illinois, North New Jersey, New York, North Carolina and Ohio, attorney involvement in a real estate closing may be customary.

  • States that require a professional license: Indiana, Maryland, Minnesota and Virginia.
  • States that limit Notary fees: Nebraska and Nevada.
  • States with loan limitation requirements: Texas.

Maybe in IN MD MN and VA you get a commission as a certified loan closing agent - but I don’t know. What I do know is, there was a company that always issued instructions for the Patriot Act that stated “Notary Public”. Then it became “Notary Public or Loan Signing Agent”. So once again, notary public is never wrong. I’ll say that every time. I think it’s hilarious this post has lasted this long and evoked the responses I’ve seen.

This claim is unlikely to be put to the test. Is the signing agent who wrote “notary public” going to run to the SOS and say they did something wrong? No. Is the title company or lender going to say it’s wrong? No, they cooperated in creating the form to begin with. Is the signing service going to complain? No, they just want to get paid as fast as possible. Is the homeowner complain? No, they just want to enjoy their home.

The only one likely to give trouble over this is the SOS. But since it doesn’t get recorded, and never would be submitted for an apostille, the SOS never sees it.

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No, not on my commission.

The NNA has additional training, after receiving Notary Public commission, that certifies one as a Notary Signing Agent. Again, this is in addition to becoming a notary,

Right, Notary Signing Agent is separate or in addition to becoming a Notary Public. Sorry for the confusion.