What is an Attorney State versus Escrow State? Can a Notary Loan Signing Agent Be Successful in an Attorney State?

4/21/2025

By Mark Wills - NNA Influencer of the Year and Loan Signing System Signing Agent Certification Educator

I'm often asked, “What is the difference between an escrow state and an attorney state as it relates to notary loan signing agents?”

As a mentor to over 10,000 notary public business owners in every state across the United States, I have seen signing agents build successful businesses in both escrow states and attorney states.

The most common questions I hear are:

What's the difference an escrow state and an attorney state?
Is it possible to be successful in an escrow state?
Is it possible to be a successful notary signing agent in an attorney state?

But before I can answer any of those questions, let’s first define the difference between an escrow state and attorney state (also known as a 'no-escrow' state).

Definition of an Escrow State

Put simply, in an escrow state (sometimes known as a non-attorney state), an escrow company directs the closing of a real estate transaction. Whether it be between a buyer and seller or a lender and borrower, the escrow company is the neutral third party playing quarterback to the transaction.

One of the many duties of the escrow company in a real estate transaction is choosing where to outsource various components of the closing process — including selecting and hiring the notary public loan signing agent that performs the loan document signing appointment.

Definition of an Attorney State

In an attorney state, an attorney takes the place of the escrow company. It is an attorney who facilitates the closing process and either acts as the third neutral party or represents the buyer or seller. However, the main difference between the attorney and the escrow company is that a large portion of the closing process is handled in-house.

So what does that mean for notary loan signing agents?...

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Are Notary Public Signing Agents Used in Escrow States?

If you are wondering if notary loan signing agents are used in escrow states, the answer is a resounding yes!!

In escrow states, a neutral third-party notary public loan signing agent is hired for real estate transactions and mortgage closings.

But before I explain, be sure to check your state's laws regarding the loan signing process before you accept and perform a loan signing. There are numerous rules in place that are monitored by each state's respective Secretary of State and State Bar (the State Bar is a professional body of lawyers) to uphold the integrity and legality of loan signings across the nation. And as always, this blog should not be construed as legal advice.

Real estate transactions are handled by escrow or title companies in escrow states.

To find a list of escrow offices near you, simply search "escrow offices near me" in your search browser.

And to get business from an escrow office, you simply need to know what to say to the escrow officer when you visit or call. I have created a word-for-word script to get escrow business which is located in the Loan Signing System Training Course and Certification.

Are Notary Public Signing Agents Used in Attorney States?

If you are wondering if notary loan signing agents are used in attorney states, the answer is yes!! However, it's not as cut and dry as in escrow states.

In attorney states, attorneys handle the loan document signing process in-house. Because of this, notary loan signings may not be as prevalent in attorney states as they are in escrow states.

However, there are several cases where third party loan signing agents are used in attorney states.

Now, onto scenarios in which a notary loan signing agent can be used for a loan signing appointment in an attorney state.

"Out of State" Loan Signings

Notary public loan signing agents that reside in attorney states, generally speaking, are used for loan signing jobs if the property is located in an escrow state.

For instance, if you are a loan signing agent in New York (an attorney state) it’s possible to be called upon to notarize a set of loan documents for a property located in California (an escrow state) if the borrower resides in or is visiting New York.

This is why signing up with as many signing agent databases is helpful for getting loan signing appointments in attorney estates. I recommend creating profiles in databases such as Notary Resume, Snapdocs, Notary Dash, 123notary, Notary Cafe, and Notary Rotary to get signings such as this example.

"Attorney-Present" Attorney States

There are also some states where an attorney simply needs to be present while the signing agent completes the notarization, giving signing agents another route to landing appointments in attorney states.

Again, always check with your state to see which particular rules apply where you live. Here’s a resource from the National Notary Association (NNA) on the specifics from state to state. 

Not All Attorney States Are the Same

Generally speaking, the volume of loan signings performed by a notary loan signing agent is usually higher in escrow states than in attorney states. But that's not always the case.

In any given escrow state, there could be tens or even hundreds of thousands of loans that need to be closed (and documents signed) every year — and you only need 13 of those loan signing appointments a week at $150 each to be a six figure signing agent.

In fact, I have a countless number of Loan Signing System students that have taken my course and coaching that have built successful, lucrative notary signing agent businesses in attorney states!

See my "On the Road" Interview with a notary signing agent succeeding in an attorney state!

Debra in Attorney State: NC

Are You In An Attorney State or Escrow State?

If you are a notary loan signing agent in an attorney state, it's good practice to check with your Secretary of State, local attorneys, and your own professional counsel to see how they handle loan signings.

You can also join an Attorney State Networking Community to ask other signing agents how transactions are handled.

If you are just now starting to explore the opportunity to become a notary public loan signing agent and are wondering if your state is an attorney state or escrow state, below is a chart of escrow versus attorney states to help you (source: First American Title).

State	Attorney State?
Is Alabama an attorney state?	Yes - Attorney State
Is Alaska an attorney state?	No
Is Arizona an attorney state?	No
Is Arkansas an attorney state?	No
Is California an attorney state?	No
Is Colorado an attorney state?	No
Is Connecticut an attorney state?	Yes - Attorney State
Is Delaware an attorney state?	Yes - Attorney State
District of Columbia	No
Is Florida an attorney state?	No
Is Georgia an attorney state?	Yes - Attorney State
Is Hawaii an attorney state?	No
Is Idaho an attorney state?	No
Is Illinois an attorney state?	No
Is Indiana an attorney state?	No
Is Iowa an attorney state?	No
Is Kansas an attorney state?	No
Is Kentucky an attorney state?	Yes - Attorney State
Is Louisiana an attorney state?	Yes - Attorney Must Examine Title
Is Maine an attorney state?	No
Is Maryland an attorney state?	No - But most documents must be approved by attorney prior to recordation.
Is Massachusetts an attorney state?	Yes - Attorney State
Is Michigan an attorney state?	No
Is Minnesota an attorney state?	No
Is Mississippi an attorney state?	Yes - Attorney State
Is Missouri an attorney state?	No
Is Montana an attorney state?	No
Is Nebraska an attorney state?	No
Is Nevada an attorney state?	No
Is New Hampshire an attorney state?	Yes - Attorney State
Is New Jersey an attorney state?	Yes - North New Jersey No - South New Jersey
Is New Mexico an attorney state?	No
Is New York an attorney state?	Yes - Attorney State
Is North Carolina an attorney state?	Yes - Attorney State
Is North Dakota an attorney state?	Yes - Attorney Must Examine Title
Is Ohio an attorney state?	No
Is Oklahoma an attorney state?	Yes - Attorney Must Examine Title
Is Oregon an attorney state?	No
Is Pennsylvania an attorney state?	No
Is Rhode Island an attorney state?	Yes - Attorney Must Examine Title and Deed
Is South Carolina an attorney state?	Yes - Attorney State
Is South Dakota an attorney state?	No
Is Tennessee an attorney state?	No
Is Texas an attorney state?	No
Is Utah an attorney state?	No
Is Vermont an attorney state?	Yes - Attorney State
Is Virginia an attorney state?	Yes - Attorney State
Is Washington an attorney state?	No
Is West Virginia an attorney state?	Yes - Attorney State
Is Wisconsin an attorney state?	No
Is Wyoming an attorney state?	No - But Attorney Title Examination and Prepare Closing Docs

Conclusion

If you're in an escrow state, there is opportunity for you to be a busy loan signing agent with the right training.

If you're in an attorney state, be sure to check with your Secretary of State, local attorneys, other notary signing agents, and your personal counsel to learn how signings are handled in your area. It's certainly possible that you could assist in the mortgage closing process.

And don't forget to sign up for every signing service available because remember — that's how notary signing agents for out-of-state loan signing appointments are found!

Notary Path to Success: Your Next Steps

Whether you live in an escrow state or attorney state, my mission is to help you become a successful notary loan signing agent.

After learning how to achieve both a lucrative income, as well as gaining the flexibility of working for myself on my own schedule as a notary public loan signing agent and signing service owner, I compiled all of my learnings into simple step-by-step resources to help you on your journey.

Think of it like your shortcut to success!

If you're wondering what to do now, here's my recommended next steps after training literally tens of thousands of notary publics across the United States.

If you're new to Loan Signing System, be sure to sign up here to watch my free 1-hour masterclass training. As a bonus, I'll also give you my 9-step checklist.
If you're ready to get started learning how to become a successful notary signing agent, get my 5-star rated Loan Signing System Training Course and Certification. The step-by-step course will help you have the highest chance for success and includes my live coaching, word for word scripts, and a list of over 200 signing service companies that hire notary signing agents every single day for signing agent jobs.

I'm Mark, I teach Loan Signing System, and I can teach you how to make money as a notary loan signing agent no matter where you live!

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