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By Mark Wills - NNA Influencer of the Year and Loan Signing System Signing Agent Certification Educator
Table of Contents: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:
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?... 
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.
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).
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.
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! |
About the AuthorMark Wills is a Forbes Real Estate Council member, Loan Signing System Course Instructor & mentor to over 10,000 notary public business owners, and the National Notary Association's Influencer of the Year! Mark Wills is the course instructor of the #1 rated Loan Signing System notary public signing agent training course.
Loan Signing System has thousands of 5-star reviews and has transformed the fortunes of thousands of notary public business owners across the country! ⭐️⭐️⭐️⭐️⭐️ Click the link below to get the course! 
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- Homepage
- Courses
- Events
- Testimonials
-
FREE RESOURCES
- Get FREE Training
- 9 Reasons to Be a Signing Agent
- 9-Step Guide
- 5 Types of Loan Documents
- How to Become a Notary Public
- Is This Right For You?
- Signing Service Owners Hire Notary Public Signing Agents
- Set Up a Google Business Profile for Notaries
- Four Ways to Get Signing Agent Business
- What is Remote Online Notarization RON?
- How to Get More Notary Jobs: FREE NNA Training
- How to Get More Notary Jobs
- How to Make More Money This Year
- LSS Signing Service Database
- Avoid Common Signing Agent Mistakes
- What Are Tax Deductions?
- Notary Hacks - Episode 1 >
- Maximize Your Notary Tax Deductions
- Snapdocs Interview
-
Notary Training
- 2024 Mortgage Rates
-
12 Ways to Make Money as a Notary
>
- Remote Online Notarization - Income Potential
- Apostille Agent - Income Potential
- Field Inspector - Income Potential
- Wedding Officiant - Income Potential
- Process Serving - Income Potential
- Permit Runner - Income Potential
- Estate Planning Notarizations - Income Potential
- Advanced Health Care Notarizations - Income Potential
- Mobile Fingerprinting - Income Potential
- Correctional Facilities Notarizations - Income Potential
- I-9 Verification
- Best Kept Secret for Notary Income
- Complete Notary Mentorship
- Blog and More!
- Student Login
- FAQ
