Most states allow Notary Signing Agents to perform loan signing services during real estate closings. However, there are 19 states that have additional requirements for or limitations on performing loan signings.

• States that require attorney involvement or where attorney involvement is customary: Connecticut, Delaware, Georgia, Massachusetts, South Carolina, Vermont and West Virginia.
  
  In Illinois, North New Jersey, New York, North Carolina and Ohio, attorney involvement in a real estate closing may be customary.
• States that require a professional license: Indiana, Maryland, Minnesota and Virginia.
• States that limit Notary fees: Nebraska and Nevada.
• States with loan limitation requirements: Texas.

View State Restrictions

If your state is not listed, there are no known restrictions. Select a State Connecticut Delaware Georgia Illinois Indiana Maryland Massachusetts Minnesota Nebraska Nevada New Jersey New York North Carolina Ohio South Carolina Texas Vermont Virginia West Virginia 

Attorney Closing States

The terms “attorney closing state” or ” attorney-only state” are commonly used to refer to certain states that require a lawyer to attend or supervise the closing of real estate transactions.

State law or courts in these states have determined that real estate transactions involve legal concepts and rights.

As such, they have concluded a non-attorney — including a Notary Signing Agent — who explains these legal concepts and rights to a seller, buyer or borrower at a closing has engaged in the unauthorized practice of law.

In attorney closing states, lawyers for the buyer and seller ensure the legal requirements of the purchase or refinance loan are met, and that the interests of both are protected.

While an attorney must be present, a Notary Signing Agent may still perform the notarization of loan documents.

In addition, by custom or practice an attorney may be involved in a real estate closing in the following or in parts of the following states:

• Illinois
• North New Jersey
• New York
• North Carolina
• Ohio

States With Notary Signing Agent Restrictions

Connecticut

Delaware

Georgia

Illinois

Indiana

Maryland

Massachusetts

Minnesota

Nebraska

Nevada

New Jersey

New York

North Carolina

Ohio

South Carolina

Texas

Vermont

Virginia

West Virginia

Note: The information presented here is based upon the best available information at the time of publication (April 30, 2024) and is not intended as legal advice. The conditions described above are subject to change at any time due to legislative, legal case, executive or administrative decisions, or developments. Notary Signing Agents should consider the information presented here and consult with an attorney before offering loan signing services if necessary.