The ROLE OF THE MOBILE NOTARY: Introduction
In Relation to Real Estate & Estate Planning Attorneys
The purpose of this information is to provide a much-needed explanation of the purpose and benefits of the role of notaries public, specifically as it relates to both the real estate and estate planning space for attorneys and their firms. Most law offices have had an in-house notary public for notarizations on demand. Times change and bring new innovations and revised services and practices, and the notary space is no exception. The notary public has evolved in a remotes service, as well as an added value to the offering of legal services. It’s called the mobile notary, for short, and it can be quite beneficial for many practices across the country.
The ROLE OF THE MOBILE NOTARY
Mobile Notary Services
Mobile notaries play a pivotal role in the legal field, especially for attorneys specializing in real estate and estate planning. Understanding the role of a mobile notary public, the benefits they bring to your practice, and how to choose the right notary can streamline your services, enhance client satisfaction, and ensure legal accuracy. This mini primer will explore the role of the mobile notary public, explain their value, and guide you on how to select the most qualified notary for your legal practice needs.
What is a Mobile Notary?
A mobile notary public is a commission officer of their state who is legally authorized to witness the signing of documents, verify the identity of the signers, and ensure that parties are signing documents willingly and without duress. Unlike traditional notaries who operate from a fixed location, mobile notaries travel to the client's location, making them a convenient solution for your clients who need to sign their documents but may have work or school scheduling conflicts that make it harder for them to come to the office to sign their documents. Mobile notaries travel to the signer(s) and with documents that were either sent to them from your office, printed by them through a secure portal you use to upload documents, or you may have sent the documents to the client beforehand for the notary to go over with them at the signing.
Sure, you have notaries in your office, during the day and they can indeed cover a lot of your notary needs. However, the value-added option to provide your clients the convenience of completing their signings at their chosen location, weeknights or weekends- your clients will appreciate the flexibility, and you’ll have more time to grow your practice. You can work with a designated company referred to as a “signing service” that offers even more time and money saving options, which we will explore later.
The notary will be sure to verify the signer(s) are who they say they are by evaluating their government issued photo ID card, driver license, or passport. They will administer oaths or affirmations and complete the jurats and acknowledgements as required in the stack of documents. They also ensure that other documents that do not require notarizing are completely signed, dated, or initialed, to make sure all required elements of the signing package is fully complete and accurately executed.
Specific Roles in Real Estate and Estate Planning
Real Estate Loan Closings: Mobile notaries are frequently used in real estate transactions. They ensure that real estate documents, such as deeds, mortgage agreements, and loan closing documents, are correctly signed, notarized, and returned to the appropriate parties (i.e., attorneys, lenders or escrow companies).
Trust and Estate Signings: For estate planning, mobile notaries are often called upon to witness the signing of trust agreements, wills, power of attorney documents, and other important legal instruments. The presence of a notary ensures that the documents are legally valid, and the signatures are binding.
Remote Client Assistance: Many estate planning clients are elderly or disabled, making travel difficult. Mobile notaries provide a solution by traveling to nursing homes, hospitals, or private residences to facilitate signings.
The ROLE OF THE MOBILE NOTARY
The Benefits of the Mobile Notary in Your Practice
Incorporating mobile notaries into your legal practice offers numerous benefits, both for your firm and your clients. In this part, some of the most notable benefits are revealed.
Convenience for Your Clients
Mobile notaries provide flexibility by offering services at the client’s preferred location, be it their home, workplace, or a hospital. This flexibility is especially important for clients who are unable to travel due to health reasons or logistical challenges.
Increased Efficiency for Your Office
By partnering with a mobile notary, attorneys can expedite the document signing process. Instead of scheduling in-office visits, mobile notaries coordinate directly with the client, ensuring documents are signed promptly and returned without unnecessary delays.
Enhanced Client Experience Overall
Providing a mobile notary as part of your services demonstrates a client-first approach. It enhances the overall client experience, reduces stress for the signers, and adds an additional layer of service to differentiate your firm from competitors.
Legal Compliance and Avoiding Errors
Mobile notaries are trained to ensure that documents are signed correctly and in compliance with state laws. They can help avoid costly errors that might arise from missing signatures, incorrect dates, or improperly executed documents. These mistakes can delay closings or create legal complications for estate documents.
Cost-Effective
Outsourcing notary services to a mobile notary is often more cost-effective than dedicating a staff member to handle in-office notarizations. Mobile notaries also eliminate the need for travel reimbursement or after-hours office visits, further reducing costs. If you are a virtual practice or an in-home office attorney, the need to coordinate a reservation in a shared space to meet with your clients fades away since the notary meets the client at their chosen location.
Important Certifications or Trainings For A Mobile Notary
Certified Notary Loan Signing Agent (CNSA or LSA)
Certified Notary Loan Signing Agent (CNSA or LSA)
Certified Notary Loan Signing Agent (CNSA or LSA)
This credential is offered by the National Notary Association (NNA), which is just one of several certifying bodies in the country and indicates that the notary has undergone additional training in loan document signings. The NNA coursework focuses heavily on the ethics of being a notary. To remain certified, notaries must recertify annu
This credential is offered by the National Notary Association (NNA), which is just one of several certifying bodies in the country and indicates that the notary has undergone additional training in loan document signings. The NNA coursework focuses heavily on the ethics of being a notary. To remain certified, notaries must recertify annually as well as undergo the required background check covering the past ten years.
Loan Signing System (LSS):
Certified Notary Loan Signing Agent (CNSA or LSA)
Certified Notary Loan Signing Agent (CNSA or LSA)
The Loan Signing System boasts over 70k+ students to have either completed or are currently enrolled in the intensive coursework. This specific training certification dives deeply into the many and various documents that notaries will encounter in packages, loan signings especially. There are other topics covered that include all areas of
The Loan Signing System boasts over 70k+ students to have either completed or are currently enrolled in the intensive coursework. This specific training certification dives deeply into the many and various documents that notaries will encounter in packages, loan signings especially. There are other topics covered that include all areas of the notary space. Anyone who holds the LSS Certified Loan Signing Agent has undergone what may be considered the most intense training for a notary signing agent business here.
Certified Notary Trust Delivery Agent (CNTDA)
Certified Notary Loan Signing Agent (CNSA or LSA)
Certified Notary Trust Delivery Agent (CNTDA)
This certification demonstrates expertise in living trusts and estate document signing ceremonies, including guardianship and special needs documents. This credential is offered by Notary Coach, a widely known and recognized source of notary training and certifications.
Important Qualifications For A Mobile Notary
Bonding and Insurance
Experience in Relevant Legal Transactions
Experience in Relevant Legal Transactions
A qualified mobile notary should carry an Errors and Omissions (E&O) Insurance policy. This insurance protects both the notary and your firm in the event of an error or oversight during the notarization process. Policies generally range from $25,000 to $100,000 in coverage, depending on the level of risk and volume of signings. Some states also require the notary to be bonded as well.
Experience in Relevant Legal Transactions
Experience in Relevant Legal Transactions
Experience in Relevant Legal Transactions
It’s important to select a mobile notary who is experienced in the types of transactions common to your practice. For real estate closings, the notary should have a track record of successfully handling mortgage loan documents, deeds, and escrow agreements. For estate planning, the notary should be familiar with trusts, wills, power of attorney, and other key documents.
Attention to Detail
Experience in Relevant Legal Transactions
Punctuality and Professionalism
A reliable notary ensures that documents are properly signed, dated, and notarized. Errors in the notarization process can delay transactions or result in legal disputes. The notary should demonstrate meticulous attention to detail, verifying all identification documents and following state-specific requirements for notarizations.
Punctuality and Professionalism
Punctuality and Professionalism
Punctuality and Professionalism
Timeliness and professionalism are crucial qualities in a mobile notary. They must be punctual, flexible, and courteous when dealing with clients. A notary’s ability to arrive on time and conduct themselves professionally reflects on your firm’s reputation.
Background Checks
Punctuality and Professionalism
Technological Proficiency
Many notaries undergo background screening as part of their certification process. Look for notaries who have passed background checks, particularly those provided through trusted organizations like the National Notary Association (NNA). This offers added peace of mind, especially for high-stakes real estate closings or estate signings.
Technological Proficiency
Punctuality and Professionalism
Technological Proficiency
Being able to use technology is a definite for choosing a mobile notary. Any mobile notary you choose should have sufficient use and knowledge of smartphones, laptops, scanners, laser printers, email, and more. If you choose a signing service as your solution, they will be sure the notary is proficient.
With the rise of Remote Online No
Being able to use technology is a definite for choosing a mobile notary. Any mobile notary you choose should have sufficient use and knowledge of smartphones, laptops, scanners, laser printers, email, and more. If you choose a signing service as your solution, they will be sure the notary is proficient.
With the rise of Remote Online Notarization (RON), some mobile notaries are equipped to offer electronic notarizations. This can be an added benefit for attorneys who handle clients remotely or prefer to manage digital documents .