A Signing Agent or Courtesy Signer is an agent whose function is to obtain a formal signature of an appearer to a document. In common parlance most jurisdictions require the appearer to sign before a notary public the practice of a notary public designating themselves as a signing agent has arisen. A notary public who specializes in the notarization of real estate transfer and loan document signings. Signing agents often have certification and training through private organizations but is not a requirement in law, but may generally be a requirement of the lender.

Also referred to as a Notary Signing Agent or a Loan Signing Agent, a signing agent should not be confused with a mortgage loan closer or closing agent. Signing Agents are notaries public who usually have experience and/or training concerning the proper execution of loan documents and are hired by mortgage companies, escrow companies, title companies, and signing services to identify loan documents, obtain the necessary signatures, and in some cases deliver the documents to the borrower. A Signing Agent is an impartial party to the transaction and must adhere to their state or jurisdiction notary laws. In some states of the United States where Signing Agents are allowed, Signing Agents may identify documents and can point out terms to the loan transaction. However, Signing Agents are prohibited from giving legal advice or in any way explaining or interpreting the meaning of any terms or documents and can not prepare the documents or alter them in any way. Any advice, explanation, or opinion can be considered unauthorized practice of law except in the State of Louisiana which is governed by Civil Law and their Civil Law notaries public have broad powers and can actually prepare documents and discuss them with the signers.

 

 

A notary public (or notary or public notary) is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business. A notary's main functions are to administer oaths and affirmations, take affidavits and statutory declarations, witness and authenticate the execution of certain classes of documents, take acknowledgments of deeds and other conveyances, protest notes and bills of exchange, provide notice of foreign drafts, prepare marine protests in cases of damage, provide exemplifications and notarial copies, and perform certain other official acts depending on the jurisdiction.^[1] Any such act is known as a notarization. The term notary public only refers to common-law notaries and should not be confused with civil-law notaries.

With the exceptions of Louisiana, Puerto Rico, Quebec, whose private law is based on civil law, and British Columbia, whose notarial tradition stems from scrivener notary practice, a notary public in the rest of the United States and most of Canada has powers that are far more limited than those of civil-law or other common-law notaries, both of whom are qualified lawyers admitted to the bar: such notaries may be referred to as notaries-at-law or lawyer notaries. Therefore, at common law, notarial service is distinct from the practice of law, and giving legal advice and preparing legal instruments is forbidden to lay notaries.