Loan Signing - Notary Role in this important process.

Mortgage & Loan Signing Services

24 Years experience as a notary & our company knows the difference between State of Ohio & Michigan regulatory requirements and industry-created practices that are treated as law.

As a Michigan & Ohio Commissioned Notary Public, I learned that what some industries are asking notaries to do are actually illegal. Unauthorized Practice of Law (UPL).

A lot of what signing services tell notaries is supposedly "required" at closing is not required by Ohio or Michigan laws at all.

What Ohio & Michigan Secretary of State ( Notary regulatory commission for each state) Law Actually Says : You must:

Michigan Notary application requirements:

• Be at least 18 years old;

• Be a Michigan resident or maintain a place of business in Michigan;

• Be a U.S. citizen or possess proof of legal presence;

• Be a resident of the county (or maintain a principal place of business) in which you request appointment;

• Read and write in the English language;

• Be free of any felony convictions within the past 10 years;

• Have not been convicted of 2 or more misdemeanor offenses involving a violation of the Michigan Notary Public Act within a 12-month period while commissioned, or 3 or more misdemeanor offenses involving a violation of this act within a 5-year period regardless of being commissioned;

• Have filed with the appropriate county clerk a proper surety bond in the amount of $10,000 and taken the oath of office as prescribed by the State Constitution;

• Sign a declaration that all information on application is correct, that you have read the Michigan Notary Public Act, and that you will perform all notarial acts faithfully.

• Any individual currently serving a term of imprisonment in any state, county or federal correctional facility is prohibited from being appointed or serving as a notary public.

  
  

  Ohio Notary Application Requirements

  • Be at least 18 years old.

  • Be a legal resident of Ohio or admitted to practice law in Ohio, with your primary practice in Ohio.

  • No convictions of a disqualifying offense.

  • You are ineligible for reappointment if the Office of the Ohio Secretary of State previously revoked your commission.

• Disqualifying Offenses

  • A person must not have been convicted, pleaded guilty, or pleaded no contest to a disqualifying offense as determined by Ohio Revised Code 9.79.

• Application Process

  • Order An Ohio criminal records check report.

  • Complete notary education and testing from an approved vendor.

    
    

Once commissioned, in either state, you are legally authorized to notarize ANY document - including loan packages, real estate closings, mortgage documents, and refinance paperwork.

Ohio & Michigan laws do NOT require:

• Additional "Notary Signing Agent" certification,

• specialized training beyond the state-mandated notary education,

• additional background checks to notarize mortgage or loan documents,

• mandatory memberships in any private organization ,

• be required to carry specialized or additional insurance beyond your surety bond (though E&O is a smart business practice).

Repeat: If you hold a valid Ohio or Michigan notary commission, you are legally qualified to notarize any type of mortgage/refinance/loan documents. No additional trainings or certifications are required. This is corporate industry "mandated". Not legally mandated.

Notary Signing Agent designation isn't a state credential—it's an industry certification created by private companies, primarily the National Notary Association (NNA) and Loan Signing System (LSS). These organizations developed certification programs in the late 1990s during the mortgage boom. Title companies and signing services implemented these certifications as a screening mechanism—not because the law requires them, but because they wanted additional assurance that notaries understood loan document procedures.

Most signing services won't hire you without NSA certification, even though you're legally qualified. This creates a private credentialing system that functions as industry gatekeeping, not regulatory compliance.

What your Ohio & Michigan notary commission authorizes you to do:

• Verify signer identity with required ID.

• witness signatures.

• assess signer for awareness, ability to sign & without intimidation.

• complete notarial certificates & maintain your notary journal.

What signing services expect (without adequate compensation):

• Download and review 150-200 page packages

• Print documents at your expense

• "Walk borrowers through" loan terms

• Answer questions about documents

• Scan and upload completed packages

• Provide same-day or next-day turnaround

• Absorb costs for printing, fuel, and scanning equipment

Notice something about this process?

Most of that isn't notarization, it's administrative coordination, document preparation, and client services. And here's the most important part: Some of it may actually constitute unauthorized practice of law. The Unauthorized Practice of Law (UPL)

Issue: Ohio & Michigan, like most states, prohibits non-attorneys from providing legal advice or services. This is called Unauthorized Practice of Law (UPL).

When signing services tell you to: "Explain the documents to the borrower." "Walk them through what each form means." "Answer their questions about loan terms." "Make sure they understand what they're signing." They're asking you to provide legal guidance, which you're not licensed to do.

What you CAN legally do: "I'm here to notarize your signature, not explain the loan documents." Point to signature lines, initial boxes, and date fields "You'll need to contact your lender with questions about the terms.

What, as a notary, you CANNOT do:

• Explain what documents mean

• Advise whether they should or shouldn't sign.

• Explain/Interpret loan terms, interest rates, or clauses.

As a notary if these items are done, the risks are. If we, as notaries, provide legal advice without a license:

• Criminal misdemeanor charges

• Civil liability if the borrower claims you gave bad advice

• Revocation of your notary commission

• Your E&O insurance probably won't cover UPL

Signing services want you to do the work of a licensed settlement agent or attorney (who would charge $200-$500+) while paying you notary rates ($75-$150) and exposing you to legal liability.

Notaries talking the numbers, here is the bottom line.

When a title company needs a loan signing:

• Title company pays signing service: $150-$200

• Signing service pays notary: $50-$100

• Signing service keeps: $75-95$ for... sending an email to a notary.

The notary takes on ALL the actual costs:

• Printing 150-200 pages: $15-$40

• Gas for 30-50 mile round trip: $3.00 or more per gallon, wear & tear on your automobile

• $10-$20 Scanner/upload time: 30-60 minutes

• Appointment time: 60-90 minutes

• Document review time: 30 minutes

• Professional liability insurance

• Wear and tear on equipment

Profit for a notary per signing may be $20-$40 after expenses, for 3+ hours of work. That's less than $15/hour for professional services requiring:

• State commission and bonding

• Continuing education

• Legal liability

• Professional equipment

• Expert knowledge

Are notaries doing things that technically, by law, they shouldn't be doing?

Just because "everyone does it this way" doesn't mean it's compliant with Michigan & Ohio's statutes & laws. Rushed, underpaid notaries make more errors, which can delay your closing.

As trained, experienced & educated notaries, Sharp Seal Notary can confidently close your Mortgage/Refinance & other Loans.

Call Text or Email today to set your appointment