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Ambassador
3,345,091
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

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. 

Nov 07, 2022 07:51 AM
Rainmaker
1,502,998
Ryan Huggins - Thousand Oaks, CA
https://HugginsHomes.com - Thousand Oaks, CA
Residential Real Estate and Investment Properties

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.

Nov 06, 2022 10:08 PM
Rainmaker
2,390,577
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

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.

Nov 07, 2022 07:42 AM
Ambassador
2,436,099
Kat Palmiotti
eXp Commercial, Referral Divison - Kalispell, MT
Helping your Montana dreams take root

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?

Nov 07, 2022 04:42 AM
Ambassador
5,229,945
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

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! 

Nov 07, 2022 09:11 AM
Rainer
417,221
Caroline Gerardo
Licensed in 20 states - Newport Beach, CA
C. G. Barbeau the Loan Lady nmls 324982

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.

Nov 07, 2022 08:22 AM
Rainmaker
1,052,196
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

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

Nov 07, 2022 06:16 AM
Rainmaker
1,543,634
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
CEO of Vision Drive Realty - Coastal San Diego

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.

Nov 07, 2022 06:08 AM
Rainmaker
5,216,387
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

I trust the title companies I used to perform quality services. If not, next!

Nov 07, 2022 03:53 AM
Rainmaker
2,241,011
Andrew Mooers | 207.532.6573
MOOERS REALTY - Houlton, ME
Northern Maine Real Estate-Aroostook County Broker

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 .

Nov 07, 2022 03:14 AM
Ambassador
6,393,154
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

I trust the title people we work with.

Nov 07, 2022 02:21 AM
Rainer
432,872
Virtual Realty Consultants
Virtual Realty Consultants LLC - Wellesley, MA
Making the American Dream a Reality

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?

Nov 06, 2022 10:51 PM
Rainmaker
961,383
Mel Ahrens, MBA, Kelly Right Real Estate
Kelly Right Real Estate - Hood River, OR
Customized Choices for your Real Estate Needs

If I had a concern, I would be at the closing.

Nov 06, 2022 10:35 PM
Rainmaker
1,555,968
Gary Frimann, CRS, GRI, SRES
Eagle Ridge Realty / Signature Homes & Estates - Gilroy, CA
REALTOR and Broker

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.  

Nov 07, 2022 10:21 AM
Ambassador
3,125,663
Wanda Kubat-Nerdin - Wanda Can!
Red Rock Real Estate (435) 632-9374 - St. George, UT
St. George Utah Area Residential Sales Agent

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.

Nov 07, 2022 06:53 AM
Rainmaker
1,844,271
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

Doesn't work that way in IL.  Sellers/Buyers/Agents can attend the closing. Title company gathers all paperwork.

Nov 07, 2022 06:22 AM
Rainmaker
1,197,072
Peter Mohylsky, Beach Expert
PMI. Destin - Miramar Beach, FL
Call me at 850-517-7098

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.  

Nov 07, 2022 06:10 AM
Rainmaker
911,228
Jeff Pearl
RE/MAX Distinctive / LIC in VA - Lovettsville, VA
Full Service Full Time Realtor

If you reviewed all docs before closing, I wouldn't worry too much about using an agent/notary.

Nov 07, 2022 05:44 AM
Ambassador
5,048,958
Jeff Dowler, CRS
eXp Realty of California, Inc. - Carlsbad, CA
The Southern California Relocation Dude

What Ryan Huggins - Thousand Oaks, CA  said.

Nov 07, 2022 08:56 AM
Rainmaker
2,781,163
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

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

Nov 07, 2022 07:10 AM
Rainmaker
2,182,502
Michael J. Perry
KW Elite - Lancaster, PA
Lancaster, PA Relo Specialist

I’m not sure I would use a Title Co that hired my competitors ?

Nov 07, 2022 07:14 PM
Rainer
8,927
Doc Signers
Doc Signers | 24/7 Nationwide Closings - Phoenix, AZ
24/7 Nationwide Mobile Notary Settlement Provider

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

Nov 07, 2022 06:53 PM
Rainmaker
900,128
Olga Simoncelli
Veritas Prime, LLC dba Veritas Prime Real Estate - New Fairfield, CT
CONSULTANT, Real Estate Services & Risk Management

In CT attorneys handle closings and deal with Title companies.

Nov 07, 2022 11:23 AM
Rainmaker
1,196,798
Doug Dawes
Keller Williams Evolution - 447 Boston Street, Suite #5, Topsfield, MA - Topsfield, MA
Your Personal Realtor®

Looks like you have received several answers that address your question

Nov 07, 2022 11:07 AM
Rainmaker
637,434
Hella M. Rothwell, Broker/Realtor®
Carmel by the Sea, CA
Rothwell Realty Inc. CA#01968433 Carmel-by-the-Sea

What Ryan Huggins - Thousand Oaks, CA says.  I haven't been to a "closing" since I became a broker in 2009. 

Nov 07, 2022 10:45 AM
Rainmaker
763,883
Tony Lewis
Summit Real Estate Group - Valencia, CA
Summit Real Estate Group Valencia & Aliso Viejo

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.

Nov 07, 2022 09:26 AM
Rainmaker
805,799
Steve Higgins
RE/MAX Kelowna - Kelowna, BC

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.

Nov 07, 2022 06:01 PM
Rainmaker
1,035,056
Elyse Berman, PA
LoKation Real Estate - Boca Raton, FL
Boca Raton FL (561) 716-7824

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.

Nov 07, 2022 01:20 PM
Rainmaker
986,482
Andrea Bedard
Thompson Company, REALTORS® 240.593.2860 - Silver Spring, MD
Fluent in Real Estate & German, M.A. ABR ASP CIPS

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. 

Nov 08, 2022 08:45 AM
Rainmaker
1,311,397
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

What Ryan Huggins - Thousand Oaks, CA and Kathleen Daniels, Probate & Trust Specialist  said.

Nov 08, 2022 07:05 AM
Rainmaker
1,239,901
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

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. 

Nov 18, 2022 12:58 PM