A common confusion among notaries is what there are roles are in escrow vs. attorney states. Here is notary roles in escrow vs. attorney states explained. Working as a notary public in escrow states versus attorney states involves key differences in duties, legal authority, and the scope of services notaries can perform in real estate transactions—especially in mortgage closings. Here’s a detailed breakdown where notary roles in escrow vs. attorney states is explained.
DEFINITIONS
Escrow State
In an escrow state, real estate closings are generally handled by an escrow officer, title company, or settlement agent. Attorneys are not legally required to oversee or conduct the closing process.
Attorney State
In an attorney state, licensed attorneys are required to be directly involved in key parts of real estate closings—especially reviewing documents and disbursing funds.
ROLE OF A NOTARY IN ESCROW VS. ATTORNEY STATES
Escrow States
In escrow states there is greater flexibility for notaries. Notaries often serve as notary signing agents (NSAs). They can handle loan documents signings, ensure borrower identity verification, signature witnessing, and document notarization. Notary signing agents can also ship documents back to the lender or title company after signing.
Notaries can conduct signings independently without attorney supervision. Many work with signing services, mobile notary platforms, or title companies. Some examples of Escrow States include: California, Texas, Florida, Arizona, and Washington.
A typical work environment for notaries in escrow states may include mobile signings, remote online notarizations (if state law permits), and opportunities in loan signings such as refinances and home equity loan markets
Attorney States
Attorney States have more restrictions for notaries. Notaries in attorney states may still witness signatures and notarize documents, but they cannot oversee the full closing. All or part of the closing must be performed or supervised by a licensed attorney.
Limitations include notaries not being able to conduct real estate closings independently. In some states, even remote closings require a licensed attorney’s participation. NSAs may be used for witnessing and logistics, but an attorney must be present or involved. Examples of Attorney States include: George, South Carolina, Massachusetts, Connecticut, North Carolina, Delaware, West Virginia, and some areas of New York and Pennsylvania (partial attorney involvement).
- Examples of Attorney States:
- Georgia
- South Carolina
- Massachusetts
- Connecticut
- North Carolina
- Delaware
- West Virginia
- Some areas of New York and Pennsylvania (partial attorney involvement)
A work environment for notaries that work in Attorney States typically requires working in coordination with law firms therefore offering a lower volume of independent assignments. Notaries may still be valuable for witnessing estate documents, affidavits, and other non-real estate signings.
Below are the key differences between Escrow States and Attorney States where notary roles in escrow vs. attorney states is explained.
KEY DIFFERENCES SUMMARY
| Aspect | Escrow State | Attorney State |
| Who Conducts Closings | Escrow officers / title agents | Attorneys required |
| Notary’s Autonomy | High – Can independently perform closings | Low – Must work under attorney supervision |
| Signing Agent Demand | High | Moderate to low |
| Mobile Notary Opportunities | Frequent for loan signings | Limited to general notary work |
| Legal Restrictions | Fewer | Stricter |
COMPLIANCE & TRAINING
In both states, notaries must follow State laws on notarial acts, privacy laws (GLBA, etc.), and lender/title company requirements.
Notaries working as NSAs should be certified through organizations like the National Notary Association (NNA).
Attorney states may prohibit the use of NSAs for certain transactions unless explicitly authorized by an attorney.
Companies—such as title companies, signing services, lenders, and law firms—look for a combination of credentials, professionalism, experience, and reliability when hiring a Notary Signing Agent (NSA). Here’s a detailed list of what they typically look for:
1. Proper Certification & Credentials
- Active Notary Commission: Must be valid and up to date in your state.
- NSA Certification: Completion of a certified Notary Signing Agent course (e.g., through the National Notary Association – NNA).
- Background Check: Must have passed a recent (usually annual) background screening—NNA background checks are industry-standard.
- Errors & Omissions (E&O) Insurance:
- Most companies require $25,000–$100,000 in coverage.
- Protects against notarial mistakes or omissions.
2. Signing Experience
- Companies often prefer:
- At least 50–100 loan signings completed.
- Familiarity with various loan types: refinances, purchases, seller packages, HELOCs, reverse mortgages.
- However, some signing services do work with newer NSAs if well-trained and professional.
3. Professionalism & Communication
- Clear and professional communication via phone, email, or text.
- Responsiveness—especially for last-minute or urgent signings.
- Appearance and demeanor—you represent the title company or lender.
- Ability to explain documents in a neutral and non-legal manner.
4. Availability & Punctuality
- Willingness to travel (mobile notary).
- Flexible evening and weekend availability is a plus.
- Known for being on time and properly managing signing appointments.
5. Attention to Detail
- Accurate notarizations—no missed signatures, initials, or stamps.
- Neatly packaged and returned documents.
- Understands lender/title instructions (e.g., faxbacks, scanbacks, drop-off deadlines).
6. Tools & Tech Readiness
- Laser printer (dual-tray preferred) for letter/legal size documents.
- Reliable scanner for scanbacks.
- Familiarity with digital signing platforms (e.g., Snapdocs, NotaryDash, SigningOrder).
- If applicable: capability to do Remote Online Notarizations (RON) using approved platforms.
7. Positive Reviews & References
- Good reputation on platforms like:
- Snapdocs
- SigningAgent.com
- Notary Cafe
- 123Notary
- Testimonials or feedback from title companies or signing services.
8. Compliance Awareness
- Familiar with:
- The Gramm-Leach-Bliley Act (GLBA) – protects consumer privacy.
- ALTA best practices.
- Specific state notary laws and loan document requirements.
Bonus: Soft Skills That Stand Out
- Patience and empathy (borrowers may be nervous).
- Problem-solving under pressure (e.g., missing docs, ID issues).
- Discretion and confidentiality—handling sensitive financial data.
Although at first glance it may seem easier to get work as a notary in an Escrow state, do not be discouraged. There are still opportunities to do notary work even an Attorney states. The main difference is the scope of work that can be done. The amount of work available as a notary is still plentiful. Just keep in mind the notary roles in escrow vs. attorney states when considering your options. And that is notary roles in escrow vs. attorney states explained.
Happy Notarizing!