Signing Agent and Notary Public

Some believe that a signing agent and a notary public are the same. Let’s explore the differences. It’s true that the role of a notary remains important. But it does come with limitations. Notaries are not allowed to verify every type of real estate document. They are certainly needed to verify the signature of a document.

However, their authority ends when it comes to the complexity of deeds or other documents needed for closing. Although a notary remains an important part of the real estate proceeding, they possess a limited scope of authority. Unfortunately, some notaries fail to understand that their commission does not allow participation in certain types of real estate dealings. In short, a signing agent is a notary, but a notary is not a signing agent. You can learn more by visiting the New York Department of State.

Let’s look at this subject more closely.

Signing Agents

A signing agent must undergo a rigorous process in order to obtain their commission. In short, this includes:

• Obtaining a notary bond (in states like New York, a regular notary does not need a bond).
• Meeting state-specific requisites (every state has its own specific requirements).
• They must pass a course in order to get certified.
• Acquiring the necessary materials to carry out the role.
• Multi-page scanner
• Lots of legal paper
• Blue pens
• Like a Notary, they need a journal, a stamp, etc.

Signing Agent and Notary Comparison

Remember, a signing agent is a notary public. As such, they just have a broader span of responsibility that requires additional certification. As such, they can assist with more activities.

Regular Notarization: Regular notaries can verify signatures on documents like contracts, affidavits, and power of attorney.

Jurats: A jurat substantiates that the signer “swears by” or “affirms” to the information contained in a document. A notary will verify the document stating that the document was sworn or affirmed in his or her presence. Essentially, a jurat takes place under oath.

Deeds: A deed is a legal document that conveys ownership of property from one person or entity to another. Hence, a notary must verify that the documents within the deed processing are completed and that all necessary signatures have been added.

Loan Documents: Notaries help guide buyers through the loan process by ensuring that all signatures are correct.

Real Estate Contracts: A signing agent will review and handle real estate transactions like closing documents. Other documents may include mortgage documents and lease agreements.

Should I Become a Signing Agent or a Regular Notary?

Well, that depends on your job. If you work in real estate, becoming a signing agent can put another tool in your toolbox. Consequently, it makes you a more valuable employee, or at the very least, makes you more attractive to a potential employer. On the other hand, if you work in another type of business or industry, being a regular notary is sufficient. At Notary New York, we train people to pass the New York Notary Exam. However, we do not offer signing agent training. If you need to renew your regular New York notary license, read our blog.