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November 29, 2018

Attorney States in the Notary Profession

Filed under: Technical & Legal — Tags: — admin @ 11:57 am

What is an Attorney State? Is that a state where everyone who resides there is an Attorney? What would they do all day long besides wake up, have breakfast and sue everyone? Or does it mean for an Attorney to state a fact about something? Neither.

An Attorney State is a state in the USA where only Attorneys are supposed to be able to do loan signings. Anyone else who facilitates a loan signing could be convicted of the unauthorized practice of law — or so I’ve heard. However, in these states which currently are Massachusetts, South Carolina, and Georgia (possibly a few others too) we do have Notaries who do loan signings for a living. They often do signings for out of state properties and think that they can get away with it.

One Attorney in Georgia that I talked to told me that if your two feet are on the ground on Georgia soil (or perhaps a hardwood floor) that you cannot conduct loan signings unless you are an Attorney — regardless of where the property is. Hmmm. Looks like people are breaking the law.

One Notary listed on our site got fined $40,000 over ten years ago or almost got fined that amount. They had to hire an Attorney to defend them in court. What an ordeal. And this was for unauthorized practice of law because they were doing loan signings.

If in doubt, consult an Attorney to see what your rights are as a notary to do loan signing in your state and ask what constitutes UPL as the definitions are frequently very arbitrary and convoluted.

You might also like:

UPL — Unauthorized practice of law in the notary profession
http://blog.123notary.com/?p=21317

Penalties for Notary misconduct, fraud and failure of duty
http://blog.123notary.com/?p=21315

13 ways to get sued as a Notary
http://blog.123notary.com/?p=19614

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