Understanding the Difference Between a Mobile Notary and a Notary Signing Agent

In the world of notarization, two key roles often come up: Mobile Notaries and Notary Signing Agents. While both are crucial in ensuring that documents are properly authenticated and legally binding, they serve different functions and operate under distinct guidelines. This article will clarify the differences between these two roles, explain where they can operate, and answer common questions about their services.

What is a Mobile Notary?
A Mobile Notary is a commissioned notary public who travels to the client's location to perform notarizations. They provide a convenient service for individuals and businesses who need documents notarized but are unable or prefer not to visit a traditional notary office.
Requirements:

• Notary Commission: Mobile Notaries must hold a valid notary commission in the state where they provide services.

Services Performed:

• General Notarizations: Mobile Notaries can notarize a variety of documents, including affidavits, contracts, power of attorney forms, and more.
• Travel to Client Locations: They travel to the client’s home, office, or other agreed-upon locations to perform the notarization.
• Fees: Mobile Notaries may charge up to the maximum fee set by state law for each notarization. They can also charge a separate travel fee, which is either regulated by the state or negotiated with the client.

Where They Can Operate:

• State-Specific: Mobile Notaries can offer services in any U.S. state where they hold a notary commission. However, they cannot perform notarizations outside the state in which they are commissioned.

What is a Notary Signing Agent?
A Notary Signing Agent (NSA) is a specialized type of notary public who is trained to handle and notarize loan documents. They play a crucial role in the real estate and mortgage industries by ensuring that loan documents are properly executed by the borrower.
Requirements:

• Notary Commission: Just like Mobile Notaries, NSAs must hold a valid notary commission in their state.
• Additional Requirements: Many companies require NSAs to pass a background screening and obtain certification to meet compliance standards. In certain states, they may also need a Title Insurance License, Closing Agent License, or other special licensing.

Services Performed:

• Loan Document Notarization: NSAs are specifically trained to notarize signatures on loan documents.
• Document Management: They may be responsible for printing loan documents, overseeing the signing process to ensure all signatures and initials are obtained, and mailing the completed package to the title company or lender.
• Travel to Client Locations: Similar to Mobile Notaries, NSAs also travel to the client’s location to perform their duties.

Where They Can Operate:

• Restricted in Certain States: Notary Signing Agents are restricted from conducting business in some states due to specific state regulations. These states often require that certain real estate transactions be handled by attorneys or specially licensed individuals.

Attorney States: Where Special Licensing or Attorney Involvement is Required
In some states, known as "Attorney States," the role of a Notary Signing Agent is more restricted. These states require that real estate closings and other related transactions be conducted or overseen by a licensed attorney. The involvement of an attorney ensures compliance with state laws governing the practice of law in real estate transactions.
Here are the key Attorney States where NSAs have limitations:

1. Alabama
2. Connecticut
3. Delaware
4. Georgia
5. Massachusetts
6. Mississippi
7. New York
8. North Carolina
9. South Carolina
10. Vermont
11. Virginia
12. West Virginia

In these states, NSAs may still be able to perform notarizations, but they must do so under the direct supervision of an attorney or as part of a legal team.

Common Questions About Mobile Notaries and Notary Signing Agents

Q: Can a Mobile Notary and a Notary Signing Agent be the same person?
A: Yes, a Mobile Notary can also be a Notary Signing Agent if they meet the additional requirements needed to handle loan documents. Many professionals choose to offer both services to expand their business opportunities.

Q: How much do Mobile Notaries and Notary Signing Agents charge?
A: The fees for both Mobile Notaries and Notary Signing Agents vary by state. Mobile Notaries typically charge a fee per notarization and may add a travel fee. NSAs can charge for additional services related to loan document processing, including printing and shipping.

Q: Do I need a Notary Signing Agent for regular documents?
A: No, a Notary Signing Agent is not necessary for general notarizations. A Mobile Notary can handle regular documents such as affidavits, contracts, and powers of attorney. NSAs are specifically for loan-related documents.

Q: Can a Notary Signing Agent give legal advice?
A: No, NSAs and Mobile Notaries cannot provide legal advice unless they are also licensed attorneys. They can only perform the notarial acts and duties for which they are commissioned and trained.

Q: How do I find a Mobile Notary or Notary Signing Agent near me?
A: You can search for Mobile Notaries or NSAs online, use notary directories, or contact services like Boston Mobile Notary & Apostille Service, which offers both types of services in the Boston area.

Key Definitions

Notary Commission: A certification granted by the state government that authorizes an individual to perform notarial acts.

Attorney State: A state where real estate closings and other transactions require the involvement of an attorney, limiting the role of Notary Signing Agents.

Acknowledgment: A notarial act where the signer acknowledges that they signed the document willingly.

Jurat: A notarial act where the signer swears or affirms that the content of the document is true.

Oath/Affirmation: A solemn promise to tell the truth, which is often required during legal proceedings or in affidavits.

Loan Document Package: A collection of documents associated with a loan, including promissory notes, deeds of trust, and disclosures, that often require notarization.

Understanding the differences between a Mobile Notary and a Notary Signing Agent is crucial when you need documents notarized, especially in specialized fields like real estate. Both roles serve important functions but are designed for different types of notarizations. Whether you need general notarial services or assistance with loan documents, knowing who to contact ensures that your documents are handled properly and in compliance with state laws.
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For those in the Boston area, Boston Mobile Notary & Apostille Service provides expert Mobile Notary and Notary Signing Agent services to meet all your document notarization needs.