Question 1

Why is it critical that a signing agent never provides legal advice to borrowers?

Accepted Answer

A signing agent is not an attorney and providing legal advice constitutes the unauthorized practice of law, which is illegal. Even well-intentioned explanations of loan terms can expose the signing agent to liability, loss of commission, and criminal charges. Always refer borrowers to their lender, attorney, or loan officer for questions about terms.

Question 2

What is the signing agent's role versus the role of a loan officer?

Accepted Answer

The signing agent's role is to facilitate the signing process: present documents, direct where to sign and initial, notarize required documents, and return the completed package. The loan officer's role is to originate the loan, explain terms, answer borrower questions, and handle any changes to the loan. The signing agent must not cross into the loan officer's territory.

Question 3

What should a signing agent do if they suspect a fraud or forgery at a signing?

Accepted Answer

Stop the signing immediately, do not notarize any documents, document your observations, contact the signing service or title company, and report the incident to your state's notary enforcement agency. Common red flags include: signer's appearance not matching ID photo, signer appearing coached by a third party, signer unable to verify basic personal information, or alterations to documents.

Question 4

What does confidentiality mean for a signing agent and what information must be protected?

Accepted Answer

Signing agents have access to highly sensitive personal information: Social Security numbers, bank account numbers, income details, and property information. This data must never be shared, discussed, or stored improperly. Shred any extra copies, never leave documents unattended, and follow all privacy regulations. Breaching confidentiality can result in legal action and loss of business.

Question 5

What is the appropriate dress code for a signing agent appointment?

Accepted Answer

Business professional or business casual is standard. Clean, pressed clothing, closed-toe shoes, and a neat appearance project professionalism and build trust. Avoid overly casual attire (jeans, t-shirts, flip-flops). Some signing services specify dress code requirements. Your appearance represents both yourself and the title company.

NSA Notary Signing Agent — Ethics & Best Practices

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