The purpose of The Notary Signing Agent Code of Conduct (Code) is to enable signing agents to operate according to the highest standards of practice expected of like professionals in the settlement services industry. The Code may serve as a tool to guide and educate not only signing agents, but also contracting companies employing signing agents and any users of their services. Widespread implementation of the Code will reduce fraud and litigation. Any signing agent’s adherence to the Code’s provisions brings confidence that they are acting in accord with the highest standards of the vocation. The Code is not intended to be static and unchangeable.
Role of a Notary Signing Agent
A notary signing agent (NSA) is a commissioned notary public who facilitates the execution of loan and real estate documents by verifying signer identities, witnessing signatures, and notarizing documents to ensure they are legally binding. Their impartial presence helps maintain the integrity and authenticity of important transactions.
Steps in the Signing Process
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Confirm the appointment.
- Review the loan documents.
- Ensure all necessary parties will be present.
- Confirm the location and time.
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Prepare for the signing.
- Review the loan documents for completeness and accuracy.
- Gather any necessary identification documents from the signers.
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Act as an impartial witness during the signing of the loan documents.
Notary Signing Agent Code of Conduct Prohibitions
The Notary Signing Agent Code of Conduct prohibits guarantees of appointment times. Reasonable time estimates are allowed.
Code Requirements for Reporting and Privacy
- Reporting illegal activity as required.
- Practices for protecting privacy.
- Professional and ethical conduct at all times.
Best Practices and Industry Standards
- The NSA test has 30 questions with a passing score of 80%. It covers sound signing practices, the Code, and real property procedures.
- The Code sets principles, policies, and practices as standards, leaving some policies to individual judgment.
Understanding Closing Documents
It is imperative for a notary signing agent to be familiar with all closing documents to maintain the integrity and authenticity of transactions.
Digital Signature and Technology Trends
The growth of DocuSign and similar digital signature platforms, along with a general shift towards increased use of technology, is shaping the future of the notary industry. Notary signing agents must adapt to these changes to remain competitive.