Can a Regular Notary Notarize Real Estate Documents?
While notary publics can notarize real estate documents in the United States, there are a few things they should know. Join us in the article below to get all the information.
And, if you are looking for other content on this topic, check out our Self-Notarization and Example of Notary Document articles.
But back to our discussion of “Can a notary notarize real estate documents?”
Let’s get started!
Real Estate Documents That Require Notarization
Real estate documents need notarization, but some have stricter conditions than others. Take a look at our list below. It examines the different types of real estate documents and their notarization requirements.
Deeds: A title deed is a legal document whose purpose is to identify the owner of a property. Within a title deed, we can find information about the owner, the size of the property, and the date the property was purchased. The title deed must be registered at a Deeds Office to make the document official and legal.
Title deeds must be notarized, as it is a legal requirement in the U.S. This ensures that the document is valid. A title deed can be notarized by a regular notary public to validate the identity of the signer and that they signed the document willingly.
Mortgage Documents: A mortgage document is a legal agreement between a borrower and a financial institution. The borrower is in this position because they seek aid from a financial institution to purchase a property. This would put the borrower in a position to pay back a loan specified in the mortgage document.
Usually, there is a lien on the property, meaning that the financial institution can claim the building if their client does not pay back the loan. A public notary should notarize mortgage documents to make sure they are valid and enforceable.
Mortgage Loan Closing Documents: These types of mortgage documents are a bit different to the other real estate documents we mentioned. They include loan closing clauses and therefore if they need to be notarized, you would have to contact a Notary Signing Agent (NSA). These professionals are notaries, but they also have special training to understand how to handle loan documents and borrower confidentiality.
Make sure your NSA has the certifications to back up these skills.
Can a Regular Notary Notarize Real Estate Documents?
Yes, these professionals can notarize real estate documents. If you seek other industry-specific documents, like a notarized letter, a regular notary can also assist.
If you were wondering, “Who can notarize a document?” We have got you covered! Notary publics could also be:
- Lawyers
- Bank Employees
- Real Estate Professionals
And what about “Who can notarize real estate documents, specifically?” These would be the following individuals:
- Notary Publics
- NSAs
- Attorneys
- Title Company Agents
- Real Estate Paralegals
However, as we showed above, particular contracts, such as mortgage loan closing documents, need a specialized NSA for notarization. Make sure you understand which notary can be approached to verify the identity of signers and authenticate their willingness to sign.
Qualifications of a Regular Notary
Although there are specific requirements for each state in the U.S., we can give you some common qualifications for becoming a regular notary.
- First up, you need to be a legal adult. That means 18 years of age or older.
- You must live in the state in which you want to be a regular notary public.
- Sometimes, a state will allow you to apply for a regular notary commission if you are employed within it.
- You must have zero felony convictions. The state will request a background check on you to ensure you have no criminal records.
When a Regular Notary Is Sufficient
If your document doesn’t need notarization from a professional who has specialized training and certification, a regular notary will be enough. Some documents simply need someone to verify participant identity and witness signatures, so a regular notary can help. Here are a few examples of documents that need regular notarization:
- Routine Acknowledgments
- Jurats
- Simple Real Estate Forms
- Lease Agreements
When transactions are free from complex signings and requirements, regular notaries are sought after, such as for notarizing these documents:
- Affidavits
- Permission Letters
- Power of Attorney Forms
- Basic Property Documents
Situations Requiring a Specialized Notary
So, when do we need a specialized notary, like a NSA? They could be called upon in many situations. Let’s take a look at two key moments.
Mortgage Loan Closings
When you decide to buy a property, like a new home, you may need to sign a closing package. This document can go well over 100 pages and include all your sensitive information.
In this case, you would want an NSA present to guide you through the signing process. An NSA will ensure that every page of the closing package is signed, initialed, and dated by the new property owner.
Reverse Mortgages
Documents in real estate that need extra disclosures and special signing procedures would require the support of an NSA. The lender, such as a financial institution, would employ an NSA to ensure its reverse mortgage process is legal and compliant.
State-Specific Rules and Exceptions
There are many state-specific rules and exceptions for regular notaries working with real estate documents. It’s important to identify which U.S. state you work or reside in, as each has its own notarial laws towards real estate transactions, which will allow you to assess if you can notarize from a different state.
We provide two below:
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