If you are buying, selling or refinancing a home, you may hear that some states are “attorney states” while others use notary signing agents. The difference decides who sits across the table at your closing and who is allowed to explain your documents. Here is how it works and what it means in Oregon.
Need documents notarized in the Portland area? PDX Fingerprinting offers office notary services and mobile notary visits across the metro. Book an appointment online.
What is an attorney state?
In an attorney state, state law or long-standing practice requires a licensed attorney to conduct or supervise a real estate closing. The attorney may review the title, prepare the deed, explain the documents and oversee the signing. States often described this way include Georgia, Massachusetts, New York and South Carolina, though the exact rules differ by state and type of transaction.
What is a notary signing agent?
A notary signing agent is a notary public with extra training in loan and real estate documents. The title or escrow company hires the agent to meet the borrower, present the documents in order, make sure every page is signed and initialed, notarize where required and return the package on time.
A signing agent can explain what each document is, but cannot give legal advice or explain the loan terms. Questions about your rate, fees or rights go to your lender, escrow officer or an attorney.
Attorney vs. signing agent at a glance
- Legal advice: an attorney can give it; a signing agent cannot.
- Who hires them: the buyer, seller or lender may hire an attorney; the title or escrow company usually hires the signing agent.
- Where: attorney closings are often held at the law office; signing agents often come to your home or office.
- Cost: attorney closings generally cost more; signing agent fees are usually built into the closing costs.
Is Oregon an attorney state?
No. Oregon is an escrow state. A neutral escrow company, usually tied to a title company, holds the funds and documents and coordinates the closing. You sign either at the escrow office or with a mobile notary signing agent the escrow company sends. You can still hire your own attorney to review documents at any point.
Other documents you may need notarized
Outside the loan package, homeowners and sellers often need individual documents notarized, such as:
- Powers of attorney, so someone else can sign for you
- Signature and name affidavits
- Deeds, gift letters and lender-requested affidavits
- Documents for a property in another country, which may also need an apostille
Our notaries handle individual notarizations at our offices for $10, or at your location with mobile notary service for $70. For a full loan package, use the signing agent arranged by your escrow or title company.
Related services
Frequently asked questions
Can a notary signing agent tell me if my loan is a good deal?
No. A signing agent can identify documents but cannot advise you. Ask your lender, escrow officer or an attorney.
Do I need a lawyer to buy a house in Oregon?
It is not required, because escrow handles the closing. Many buyers still hire an attorney for complex deals or if they have concerns about the contract.
Can I sign closing documents somewhere other than escrow?
Usually yes. Escrow can send a mobile signing agent to your home or office. Ask your escrow officer.
