What is a Notary Signing Agent?
A Notary Signing Agent is a Commissioned Notary Public who conducts mortgage and real estate loan signing appointments on behalf the closing agent. A Notary Signing Agent is not the “Closing Agent.” The Notary Signing Agent main responsibility is to act as an impartial witness and clerical/courier services of important documents. Notary Signing Agents are not Closing Agents or Attorneys and should not offer advice or engage in unauthorized practice of law.
• A Notary Signing Agent is the Notary Public that presents the loan documents to the borrowers. The Notary Signing Agent points to key features and information on the documents and secures proper signatures, after verifying identity. The Notary Signing Agent can answer only “What questions” but not questions that pertain to “Why.” After the signing is completed, the Notary Signing Agent notarizes the appropriate documents in the loan package.
A Notary Signing Agent is a commissioned Notary Public who specializes in home loan document signing. State law and lenders regularly require notarization of documents, such as Deeds of Trust, Mortgages, etc., so a Notary with specific training in this area is often employed to facilitate loan signings. A Notary Signing Agent is not a loan officer, escrow officer or a closing agent.
Notary signing agents are employed by private companies. They are not certified or commissioned by the State of Idaho beyond the normal notary application process. A notary signing agent has no special powers and must adhere to Idaho notary law in all transactions. It is illegal for a notary or a notary signing agent to give legal advice, explain legal documents or aid customers in completing legal or immigration forms. Idaho Code 51-110 states a Notary public may, for any notarial act, charge a fee not to exceed two dollars ($2.00). In addition to the fee, a notary public may be compensated for actual and reasonable expense of travel to a place where a notarial act is be performed. The Idaho Secretary of State’s office urges notaries to exercise caution in considering signing agent or mobile notary offers. We recommend contacting the Department of Insurance and the Department of Finance before venturing into a business as a “Mobile Notary” or “Signing Agent” to ensure that you are not
