3,345,091
Prior to the COVID lockdowns and the need to work remotely, I attended every single sign-off with my clients. I was at the title company sitting at the conference table with my clients and the escrow officer, who is also the notary.
As others have stated, attorneys are not involved. Buyers and Sellers sign off independently.
With the pandemic behind us - and things are open again - my title company still does not do signoffs at the office. They continue to send mobile notaries. Those notaries are on their "approved" notary list - it cannot be just any notary.
If my title company used an Independent active Realtor/Notary Settlement Agent to sign my client off, that agent would be seeing confidential documents which I would not be comfortable with.
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Diane Christner
Sarasota, FL
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Andrea Bedard
Silver Spring, MD
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John Juarez
Fremont, CA
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Doc Signers
Phoenix, AZ
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Steve Higgins
Kelowna, BC
-
Hella M. Rothwell, Bro...
Carmel by the Sea, CA
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Debe Maxwell, CRS
Charlotte, NC
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Carol Williams
Wenatchee, WA
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Wanda Kubat-Nerdin - W...
St. George, UT
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Bob "RealMan" Timm
Minot, ND
1,502,998
In California there is no "closing table". Everything is done remotely. Principals sign with a notary, escrow wires the funds, title records the documents electronically.
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John Juarez
Fremont, CA
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Steve Higgins
Kelowna, BC
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Debe Maxwell, CRS
Charlotte, NC
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Jeff Dowler, CRS
Carlsbad, CA
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Kathleen Daniels, Prob...
San Jose, CA
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Bob "RealMan" Timm
Minot, ND
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Wanda Kubat-Nerdin - W...
St. George, UT
-
Lyn Sims
Schaumburg, IL
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Candice A. Donofrio
Fort Mohave, AZ
2,390,577
In 20+ years I never missed a closing Doc Signers . Now that I retired from RE I am a mobile notary and I have signed a few for Doc Signers.
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Andrea Bedard
Silver Spring, MD
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John Juarez
Fremont, CA
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Steve Higgins
Kelowna, BC
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Gary Frimann, CRS, GRI...
Gilroy, CA
-
Debe Maxwell, CRS
Charlotte, NC
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Carol Williams
Wenatchee, WA
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Wanda Kubat-Nerdin - W...
St. George, UT
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Kathleen Daniels, Prob...
San Jose, CA
2,436,099
I'm not sure I understand the question. If there's a realtor who is also a notary signing agent, he/she cannot sign anything in which he/she will receive a benefit. So why would the choice of signing agent be a concern?
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John Juarez
Fremont, CA
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Brian L. Sirota, Esq.
Orange, CA
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Debe Maxwell, CRS
Charlotte, NC
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Carol Williams
Wenatchee, WA
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Bob "RealMan" Timm
Minot, ND
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Wanda Kubat-Nerdin - W...
St. George, UT
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Peter Mohylsky, Beach ...
Miramar Beach, FL
5,229,945
I attend all of my Closings and if, for some weird reason someone had to fill in for my client, it would not be a REALTOR/Notary/Settlement Agent I did not know. Heck no!
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Andrea Bedard
Silver Spring, MD
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John Juarez
Fremont, CA
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Doc Signers
Phoenix, AZ
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Bob "RealMan" Timm
Minot, ND
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Steve Higgins
Kelowna, BC
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Kathleen Daniels, Prob...
San Jose, CA
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Gary Frimann, CRS, GRI...
Gilroy, CA
417,221
In 21 states the notary is vetted by the title company and approved on a list. There is no law against being both a notary and a licensed real estate agent. I would not be comfortable with a purchase deal having another agent in the mix to comment. Agent probably needs the income and I would say okay on a refinance but I would show up to see what is said before I did the second one. As a doc signing company you would never want to assign a notary with a purchase deal who is another agent too many things can go astray.
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John Juarez
Fremont, CA
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Doc Signers
Phoenix, AZ
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Bob "RealMan" Timm
Minot, ND
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Kathleen Daniels, Prob...
San Jose, CA
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Debe Maxwell, CRS
Charlotte, NC
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Carol Williams
Wenatchee, WA
1,052,196
AZ = no settlement table.
IF the principals don't sign with the escrow officer, a mobile notary is sent to them.
Title/escrow out here has a network of notaries all over the place. We've had issues in the past when the notary is out of state and does not understand our peculiar tribal customs. LOL
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John Juarez
Fremont, CA
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J.R. Schloemer
Louisville, KY
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Debe Maxwell, CRS
Charlotte, NC
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Bob "RealMan" Timm
Minot, ND
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Wanda Kubat-Nerdin - W...
St. George, UT
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Lyn Sims
Schaumburg, IL
1,543,634
Nope, that's not how it works in California. There is no closing to attend.
A notary goes to our client's home or office and they sign the loan docs.
On rare occasions they still go into the escrow office and sign, but these are closed door meetings. I could go, but I'd sit in a chair for 90 minutes, do nothing say nothing so what's the point? There's nothing for me to do there and they are typically after hours these days. It's really the lender that should be there, it's their show, but that's truly impractical these days.
Recording happens online and then we meet at the house for the key-ceremony. From final contingency removal to handing them keys, I sit on the sideline, monitor and let lender, title & escrow do their thing.
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John Juarez
Fremont, CA
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Steve Higgins
Kelowna, BC
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Hella M. Rothwell, Bro...
Carmel by the Sea, CA
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Bob "RealMan" Timm
Minot, ND
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Wanda Kubat-Nerdin - W...
St. George, UT
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Thomas J. Nelson, REAL...
La Jolla, CA
5,216,387
I trust the title companies I used to perform quality services. If not, next!
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John Juarez
Fremont, CA
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Elyse Berman, PA
Boca Raton, FL
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Debe Maxwell, CRS
Charlotte, NC
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Kathleen Daniels, Prob...
San Jose, CA
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Bob "RealMan" Timm
Minot, ND
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Wanda Kubat-Nerdin - W...
St. George, UT
2,241,011
We do attend closings unless mail aways during COVID prevented the in person link up. The local attorneys handling the buy and sell transfer we know and trust from over four decades of transactions. Local attorneys not national title companies used in small town Maine @docsigners .
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Andrea Bedard
Silver Spring, MD
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John Juarez
Fremont, CA
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Debe Maxwell, CRS
Charlotte, NC
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Carol Williams
Wenatchee, WA
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Bob "RealMan" Timm
Minot, ND
-
Wanda Kubat-Nerdin - W...
St. George, UT
6,393,154
I trust the title people we work with.
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John Juarez
Fremont, CA
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Doc Signers
Phoenix, AZ
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Steve Higgins
Kelowna, BC
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Gary Frimann, CRS, GRI...
Gilroy, CA
-
Debe Maxwell, CRS
Charlotte, NC
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Bob "RealMan" Timm
Minot, ND
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Wanda Kubat-Nerdin - W...
St. George, UT
432,872
We use attorneys to close in MA. The brokers are never party to the purchase documents, so I don’t understand your Q. The offer of compensation from the seller is the listing agreement; the buyer’s agent’s compensation is based upon the terms of a unilateral offer per the MLS.
It sounds like your escrow agent does the same job as the attorney. So why would the escrow agent need to sign for the RE brokerage?
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John Juarez
Fremont, CA
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Debe Maxwell, CRS
Charlotte, NC
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Carol Williams
Wenatchee, WA
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Bob "RealMan" Timm
Minot, ND
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Wanda Kubat-Nerdin - W...
St. George, UT
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Lyn Sims
Schaumburg, IL
961,383
If I had a concern, I would be at the closing.
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John Juarez
Fremont, CA
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Doc Signers
Phoenix, AZ
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Debe Maxwell, CRS
Charlotte, NC
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Kathleen Daniels, Prob...
San Jose, CA
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Bob "RealMan" Timm
Minot, ND
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Wanda Kubat-Nerdin - W...
St. George, UT
1,555,968
I agree with Kathleen Daniels, Probate & Trust Specialist and Caroline Gerardo I wouldn't want another agent to see what my commission that was charged to my seller nor any contribution I may have made to a buyer. In either case, it could appear low because it is a relative, and then I've got another agent undercutting me or telling a client in a competitive situation that I charged "X" to somebody else.
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Andrea Bedard
Silver Spring, MD
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John Juarez
Fremont, CA
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Doc Signers
Phoenix, AZ
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Bob "RealMan" Timm
Minot, ND
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Steve Higgins
Kelowna, BC
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Kathleen Daniels, Prob...
San Jose, CA
3,125,663
That happens when people need to sign remotely, rather than at the office and the title company chooses a Notary to attend. I have gone to a bank with a client, in another state for a Notary person to oversee signing of the closing documents. Then I drove the docs back to my local title company so recording could take place. So, the answer is no.
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John Juarez
Fremont, CA
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Steve Higgins
Kelowna, BC
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Carol Williams
Wenatchee, WA
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Kathleen Daniels, Prob...
San Jose, CA
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Bob "RealMan" Timm
Minot, ND
1,844,271
Doesn't work that way in IL. Sellers/Buyers/Agents can attend the closing. Title company gathers all paperwork.
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John Juarez
Fremont, CA
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Debe Maxwell, CRS
Charlotte, NC
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Carol Williams
Wenatchee, WA
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Bob "RealMan" Timm
Minot, ND
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Wanda Kubat-Nerdin - W...
St. George, UT
1,197,072
Not a concern but I am not really familiar with the service. We do mail out closings all the time but I don't really deal with that end.
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John Juarez
Fremont, CA
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Debe Maxwell, CRS
Charlotte, NC
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Carol Williams
Wenatchee, WA
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Bob "RealMan" Timm
Minot, ND
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Wanda Kubat-Nerdin - W...
St. George, UT
911,228
If you reviewed all docs before closing, I wouldn't worry too much about using an agent/notary.
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John Juarez
Fremont, CA
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Debe Maxwell, CRS
Charlotte, NC
-
Carol Williams
Wenatchee, WA
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Bob "RealMan" Timm
Minot, ND
-
Wanda Kubat-Nerdin - W...
St. George, UT
5,048,958
What Ryan Huggins - Thousand Oaks, CA said.
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John Juarez
Fremont, CA
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Bob "RealMan" Timm
Minot, ND
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Ryan Huggins - Thousan...
Thousand Oaks, CA
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Debe Maxwell, CRS
Charlotte, NC
2,781,163
Listing agents control the transaction and all that goes with it. If they have their own notary, repair guy, escrow, title & inspectors, their network is formed and put to good use. In the absence of that, subjective as to who does what and why as long as it gets done. 'We are after results after all
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Gary Frimann, CRS, GRI...
Gilroy, CA
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Richie Alan Naggar
Riverside, CA
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Debe Maxwell, CRS
Charlotte, NC
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Bob "RealMan" Timm
Minot, ND
2,182,502
I’m not sure I would use a Title Co that hired my competitors ?
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Bob "RealMan" Timm
Minot, ND
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John Juarez
Fremont, CA
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Doc Signers
Phoenix, AZ
8,927
Thanks to all for the timely responses!
I really appreciate your input. And I do realize the question as originally submitted does not apply to several areas in the US.
Doc Signers, Veteran owned has been active since 1997. We are very familiar with the processes for Digital and traditional closings. We have closed thousands of files worldwide.
While very rare, the original question I submitted for feedback was aimed at title firms and settlement providers, concerned about various challenges (Legal & Ethical) of tortious interference etc.
This question is being pursued as the result of a notary who became a realtor and failed to notify or update us or update his file regarding his new realtor status. Which subsequently has resulted in litigation. He then became very aggressive with potentially unethical behavior in his relationships with a large national title company we serve. We are working with several title firms to address the issue. We hope to eliminate potential future conflicts of interest.
Additionally, it seems there may be a potential for violation of a contractual relationship, and possible RESPA violations that may result from a realtor/notary later soliciting the very individuals and title firms he gained access to as a result of the settlement provider allowing such a practice.
Thank you for any additional feedback -and please VOTE tomorrow!
Michael Cantin
Doc Signers
602.326.6679
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John Juarez
Fremont, CA
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Candice A. Donofrio
Fort Mohave, AZ
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Bob "RealMan" Timm
Minot, ND
900,128
In CT attorneys handle closings and deal with Title companies.
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John Juarez
Fremont, CA
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Bob "RealMan" Timm
Minot, ND
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Kathleen Daniels, Prob...
San Jose, CA
1,196,798
Looks like you have received several answers that address your question
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John Juarez
Fremont, CA
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Bob "RealMan" Timm
Minot, ND
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Kathleen Daniels, Prob...
San Jose, CA
637,434
What Ryan Huggins - Thousand Oaks, CA says. I haven't been to a "closing" since I became a broker in 2009.
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John Juarez
Fremont, CA
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Bob "RealMan" Timm
Minot, ND
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Ryan Huggins - Thousan...
Thousand Oaks, CA
763,883
California has escrow closings so there is no one at the closing. The Title Company does the most important work and agents guide their clients with disclosures and inspections right up to the end. Escrow Companies are a neutral holder of all documents and deposits.
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John Juarez
Fremont, CA
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Bob "RealMan" Timm
Minot, ND
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Gary Frimann, CRS, GRI...
Gilroy, CA
805,799
We don't have a final closing that anyone attends. Sellers and buyers meet with their own lawyers privately to sign, then the rest is done electronically.
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John Juarez
Fremont, CA
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Bob "RealMan" Timm
Minot, ND
1,035,056
In Florida, since covid, cash closings continue to be done by esign while mortgages are done either at a title company/attorney's office or by a mobile notary if out of state.
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John Juarez
Fremont, CA
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Bob "RealMan" Timm
Minot, ND
986,482
I attend all of my closings - whether at the title company, at my clients' old house or new home, in a parking lot (courtesy of Covid)... In more than 18 years, I've only missed a handful but still had a trusted RE partner attending. Months - sometimes years - of work lead up to this day, so much time spent together, I would never let my clients go this alone nor would I want to miss out on it either.
Having said that, I attended a few settlements since Covid that were not with a settlement attorney but a mobile notary. While I thought it a great concept in terms of flexibility, it was a very line for me to walk on since the parties to the contract had questions and I was the only one in attendance able to answer them. I believe two of the mobile notaries were also brand-new agents, and I was not comfortable with them seeing my clients' personal and confidential information. I much prefer traditional closings at the settlement table.
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Bob "RealMan" Timm
Minot, ND
1,311,397
What Ryan Huggins - Thousand Oaks, CA and Kathleen Daniels, Probate & Trust Specialist said.
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Bob "RealMan" Timm
Minot, ND
1,239,901
100% closings are handled by notaries before the closing. These days people prefer to do signing at home using them again.
I often attend the signing.