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Published Date: 12/24/2023
As a fellow notary once said "STAY in your lane". For the most part Notary Signing Agents (N.S.A.), are not Lawyers, Financial consultants, or Loan Officers during a loan signing. They are contracted to perform the responsibility of a Notary Signing Agent as set forth by the Signing Professionals Workgroup (SPW) and American Land Title Association (ALTA), (Notary Signing Agent - Code of Conduct). Lenders and title companies work closely with Notary Signing Agents because of their ability to be professional and trusted officials of their state. Some of the standard documents that an N.S.A. needs to discuss with the signer are listed below:
Loan Estimate (LE)
Closing Disclosure (CD)
Promissory Note
"Security Instrument"/"Deed of Trust"/"Mortgage"
HUD-1 Settlement Statement (for some transactions)
Certificate of Occupancy (if applicable)
Truth-in-Lending Act (TILA) Disclosure
Warranty Deed or Grant Deed
Affidavit of Occupancy
Loan Agreement
IRS Form 4506-T
Insurance Documents
Escrow Instructions
Identity Verification Documents
Power of Attorney (if applicable)
In general, the most common questions that a client asks an N.S.A. when conducting a loan signing is
"Will there be any other fees after I sign today?"
"What would be the difference if I did scenario X vs scenario Y?"
"Can you explain to me why I am being charged Z amount?"
"Do you think this is a good deal?"
Here is a generic response that can be used to answer all of these questions. "Good question! What I will do is write this question down, so that before we finish the signing of these loan documents, all your questions that aren't answered by you reviewing these documents can be answered with the loan officer directly. Does that sound good with you?". This gives the client an opportunity to review the loan documents and potentially answer the questions themselves and for the N.S.A. to reach out to the loan officer with all the pending questions in hand instead of calling the loan officer multiple times during a signing. Loan officers and title companies have a representative on call during a signing that an N.S.A. can reach out to but that doesn't mean they are just waiting for your call. Be mindful of their time and the clients.
Some loan packets can be in the upwards of 200 pages and others can be as small as 75 pages. The N.S.A. is responsible to share with the client/signer a fully copy and be able to GENERALLY explain each document during their signing. I emphasized generally because N.S.A. are there to facilitate the signing of the documents on behalf of the loan officer or title company, which does not provide the N.S.A. the authority to advise the client on their loan.
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