A notary public and a signing agent both play crucial roles in the legal and business worlds, particularly in the context of document execution. However, while they share some overlapping functions, their responsibilities, certifications, and roles are distinct. Understanding the difference between a notary public and a signing agent can clarify their respective functions and help individuals navigate the legal and real estate industries more effectively.

What is a Notary Public?

A notary public is a public official authorized by the state to witness the signing of documents and administer oaths. The notary's primary duty is to prevent fraud by verifying the identity of individuals signing documents, ensuring that they are signing willingly and under no duress, and confirming that they understand the contents of the documents. The notary’s actions are intended to reduce the risk of fraudulent transactions and to provide a legally recognized certification that the document was properly executed. At Notary New York, we train people how to become a New York Notary.

In practice, a notary public may perform a variety of functions, including:

• Witnessing signatures: The notary confirms that the individual signing a document is who they say they are and that they are signing voluntarily.
• Administering oaths and affirmations: For example, when an individual is taking an oath for a sworn statement or affidavit, the notary can administer the oath.
• Certifying copies: A notary may certify that a copy of a document is a true and accurate reproduction of the original.

A notary’s duties do not extend to offering legal advice or interpreting the content of the document being signed. They are simply responsible for ensuring the signers’ identity and willingness to sign are authentic.

To become a notary public, one must typically complete an application process, which may involve a background check, a fee, and sometimes education or training. Some states require notaries to take an exam or complete a specific course of study. Once appointed, a notary is authorized to perform their duties within their state. To learn about our notary training course, feel free to visit our website.

What is a Signing Agent?

A signing agent, specifically a notary signing agent (NSA), is a specialized notary public who is trained to handle real estate closings and other types of documents that require notarization, such as mortgage documents, loan agreements, and refinance paperwork. Signing agents are often hired by title companies, lenders, or other parties involved in real estate transactions to facilitate the signing of documents between buyers, sellers, and other parties.

While a signing agent is also a notary, their role is more specialized and requires additional training and certification beyond that of a regular notary public. Key responsibilities of a signing agent include:

• Coordinating real estate closings: Signing agents are often responsible for meeting with buyers or sellers to ensure they understand and properly sign the necessary documents in real estate transactions.
• Explaining documents: Although signing agents are not attorneys and cannot offer legal advice, they are trained to explain the purpose of the documents in general terms. They walk clients through the paperwork, pointing out where signatures, initials, or dates are needed.
• Handling complex paperwork: Signing agents are familiar with the intricacies of mortgage documents, loan applications, and disclosures. They must ensure that all documents are signed, dated, and completed correctly, reducing the risk of delays or errors in the closing process.

To become a certified signing agent, a notary public must undergo specialized training, which often includes coursework on real estate documents and the closing process. Additionally, signing agents typically pass a background check and take a certification exam. Many signing agents also carry professional liability insurance and bond coverage, as the stakes in real estate transactions are high.

Key Differences

The main differences between a notary public and a signing agent are:

1. Scope of Work: A notary’s work is broader and can involve any legal document, while a signing agent’s work is more specialized in real estate and loan document signings.
2. Certification: While all signing agents are notaries, not all notaries are signing agents. Signing agents need additional certification and training focused on mortgage documents and real estate transactions.
3. Role in Transactions: A notary serves primarily as a witness to ensure proper execution of documents. A signing agent, while still a notary, plays a more active role in guiding individuals through the documentation process in real estate transactions.

Conclusion

In summary, while a notary public and a signing agent both handle document notarization, the signing agent's role is more specialized. A notary public ensures that documents are signed properly and legally, while a signing agent handles the particular needs of real estate closings and loan signings, providing additional services like document explanation and ensuring all paperwork is completed correctly. Understanding these distinctions can help you choose the right professional for your needs, especially when dealing with complex legal or real estate transactions.