A notary public provides general notarization services, such as verifying identity, witnessing signatures, and helping deter fraud. A notary signing agent is a commissioned notary public who specializes in loan signings and real estate transaction documents.

In California, becoming a state-commissioned notary opens the door to incredible income-earning opportunities. Yet not everyone knows that there are two career paths available to notaries once they are commissioned.

Those interested in becoming a notary in California may hear the terms “notary public” and “notary signing agent” tossed around even before they begin their careers. However, it’s safe to say that while related, these two roles are not inherently the same.

Essentially, the main difference is that one type of notary provides basic services, such as serving as a witness to prevent fraud, while the other guides parties through more complex transactions, like real estate deals.

Understanding the key differences between these two roles is crucial for anyone exploring a career as a notary public in California. If you are considering starting this career path, it can help to review the full steps required to become a notary in California before getting started.

Below is a breakdown of everything you need to know about the differences between a notary public and a notary signing agent.

What Is a Notary Public?

Commissioned by the Secretary of State in California, a notary public is a state-appointed official who serves as an impartial witness at the signing of important documents. They may also administer oaths and certify documents.

California notaries must follow strict guidelines when performing their duties. These include:

• Verifying the identification of all parties, including witnesses
• Completing the notarial certificate
• Documenting the transaction in their notarial journal

Overall, notaries must verify the identities of all parties involved. ID verification applies not only to the two parties to the deal but also to any witnesses. It is one of the primary responsibilities of a notary to ensure that all parties are who they claim to be and that there is no obvious duress at the time of signing. Completing these tasks helps minimize the risk of fraud and protects all individuals involved.

For a detailed overview of eligibility rules, background checks, and state requirements, you can review the California notary requirements.

Purpose of a Notary Public

The role of a notary public is to protect the integrity of important documents, such as deeds, wills, adoption papers, affidavits, and more. To protect all parties involved from fraud, a notary serves as an impartial witness at signing to ensure authenticity.

To successfully accomplish this, notaries must verify each party’s identity and ensure that parties are voluntarily and knowingly executing documents.

However, there are a couple of actions that notaries are not permitted to do. While a notary may identify the general type of document to the signer (power of attorney, quitclaim deed, etc.), they are not permitted to explain its specific legal details.

Providing legal advice is also not permitted. It is the responsibility of those signing and, if applicable, their legal representatives to ensure that the documents presented are understood.

Common Duties of a Notary Public

The typical duties of a notary are explained below:

Verifying signer identity

All signers must present proof of identity at signing. This is typically accomplished by presenting a valid driver’s license or a passport. No document can be notarized until all identities are verified by the notary public.

Witnessing document signatures

The notary is present at signing to serve as an impartial witness to the execution of an important document. They must ensure that all signatures are genuine and that the signers are present of their own free will.

Administering oaths or affirmations

If a document requires a sworn statement, the notary public may administer the oath or affirmation as needed.

Completing notarial certificates

Each document that requires a notary stamp and signature must have the notarial certificate completed before the signing ends. Notarization must occur in the presence of all required parties.

Recording transactions in a notary journal

Notaries in California are required to record their notarial acts in a journal. They must retain possession of it while they hold an active commission. Once their commission expires, the records must be turned in to their local County Clerk’s office within 30 days.

Examples of Documents Notarized

Notaries witness many different types of documents in both professional and personal settings. Here are some examples:

1. Affidavits
2. Business agreements
3. Medical authorization forms
4. Powers of attorney
5. Trust documents

What Is a Notary Signing Agent?

A notary signing agent is a notary public who specializes in signing loan and real estate documents. They must undergo the same training and examination required to become a notary public before pursuing additional training to become a notary signing agent.

Since notary signing agents handle more complex legal transactions, particularly real estate and mortgage deals, they require additional training to perform their duties effectively. Notary signing agents must become familiar with the process and the structure of the documents before handling any closings.

The nature of real estate and loan closing processes is complex and involves extensive paperwork. Where a notary public may notarize a simple affidavit that’s two pages long and requires one signature, a notary signing agent may guide signers through dozens of pages, if not more, in one package.

These transactions don’t just carry legal repercussions if something goes wrong; they also involve substantial sums transferred between parties, making the consequences of fraud much more severe.

Role in Real Estate Transactions

Notary signing agents usually work as independent contractors who assist with the closing process in real estate transactions and loans. They must meet in person with borrowers, guide them through the closing process, and ensure that all required documents are properly signed and notarized.

During closing, a notary signing agent will typically:

1. Meet borrowers during loan closings either at home, office, or an agreed location
2. Present and guide signers through mortgage documents
3. Ensure documents are signed and notarized properly before completing the meeting
4. Return completed documents to the title or escrow companies, such as the escrow officer, title company, or lender

Types of Documents Handled

There are many different types of documents in any given package. Some examples include:

1. Mortgage loan packages
2. Refinance documents
3. Closing disclosures
4. Deeds of trust

Key Differences Between a Notary Public and a Notary Signing Agent

While both roles involve notarizing documents, verifying the identity of parties, and ensuring that no one is under duress, there are key differences that set them apart.

Scope of Work

A notary public provides general notarization services for a wide range of documents, including affidavits, powers of attorney, business contracts, and other legal forms. However, a notary signing agent handles more complex documents, such as mortgages and real estate closings. Their work is more specialized, focusing on real estate transactions and ensuring that loan packages are signed correctly.

1. Notary Public: general document notarization
2. Notary Signing Agent: specializes in mortgage and loan documents

Training Requirements

A prospective notary public should begin by visiting the Secretary of State website and reviewing the checklist. There is a six-hour course of study and a three-hour refresher course; the prospective notary must receive their Proof of Completion certificate before attempting to pass the state-mandated exam.

On the day of the exam, the prospective notary must present a valid photo ID, a completed Notary Public application form, a Proof of Completion certificate, a 2″ x 2″ passport photo, a registration confirmation letter, and a $40 exam and application processing fee.

A score of 70% or higher is required to pass the exam.

The Secretary of State website also provides access to FAQs and resources to guide students through the next steps as they work toward becoming a notary.

For official information about notary laws and regulations, you can also review the California Secretary of State Notary Public page.

Training Requirements to Become a Notary Signing Agent

Notary signing agents must first follow all the steps required to become a notary public. Once they are successfully commissioned as a notary public, they may pursue additional training or certifications related to signing loan documents.

The training for signing agents differs from that of a notary public. Most of the training is available as an online course or through an employer if notarizing for them. If the notary is already employed by a lender or bank, they may need to undergo a background check before becoming a notary signing agent.

Typical Clients

The usual clients that need a notary public include:

1. Individuals who need documents notarized
2. Businesses and corporations
3. Lawyers and law firms
4. Financial institutions

Signing agents, however, often work with clients such as:

1. Mortgage lenders
2. Title companies
3. Escrow officers
4. Signing service companies

Income Opportunities

Whether working as a notary public or a signing agent, there is an opportunity to earn income while performing these services. Notary publics generally earn less because California law limits their compensation to $15 per notarized signature. They may charge up to $30 for taking a deposition and $7 for administering the oath, charged separately.

Charging more than allowed by the state of California is considered illegal and may result in the loss of a notary’s commission.

Signing agents, however, often earn higher fees per loan signing due to the complexity and nature of the document package. There are no legal limits on the total fee a Notary Signing Agent can charge for a loan signing since they are considered a business service rather than a notarial act.

In general, whether a notary public or a signing agent, travel and other administrative fees can be charged separately so long as the charge is reasonable and agreed upon in advance by the client. Travel fees are not included in the state-regulated per-signature fee.

Do You Need to Be a Notary Before Becoming a Signing Agent?

Yes. All notary signing agents must become a commissioned notary public before pursuing additional training or work. Becoming a notary public is the very first step before becoming a notary signing agent. Notary signing agents must be commissioned by the state to legally notarize documents.

Those who choose to pursue becoming a notary signing agent after becoming a notary public will begin additional training that will:

1. Help them understand loan document packages
2. Understand proper signing procedures
3. Work with title companies and signing services

Which Career Path Is Right for You?

Whether choosing to remain a notary public or pursuing the additional training and education to become a notary signing agent, each career path offers unique benefits. Ultimately, the choice falls to a person’s goals, availability, and professional interests.

Becoming a Notary Public includes:

1. Flexible work
2. Local clients
3. Mobile notary opportunities
4. Side income potential

Becoming a Notary Signing Agent

Those interested in real estate should consider completing the additional training and becoming a notary signing agent. They can expect to:

1. Complete real estate transaction work
2. Potentially earn more per appointment
3. Work with lenders and title companies

It often happens that a notary public may expand into signing agent work. It isn’t uncommon to find someone who does both traditional notary work and notary signing agent work.

How to Become a Notary Public in California

Those interested in becoming a notary should start their journey by becoming a commissioned notary public in California.

1. Complete the required notary education – Prospective notaries must complete state-mandated education.
2. State-approved training course – Before beginning any course, prospective notaries should find a state-approved training course through the Secretary of State website.
3. Pass the California notary exam – Once required training and education are complete, prospective notaries must take and pass the notary exam with at least a 70%.
4. Complete the background check – After passing the exam, a background check must be completed to ensure there are no criminal offenses or violations.
5. File an oath of office and bond – The oath must be taken in the county where the notary’s principal place of business is located within 30 calendar days from the commencement of their commission. This deadline cannot be extended. Notary publics are required to maintain a $15,000 surety bond for the entire four years they hold their commission.
6. Receive your commission and supplies – After the above steps are complete, you can order supplies. Most notaries will need items like stamps, journals, and acknowledgment certificates, which can be purchased from the Notary Course Online supplies page.

FAQ: Notary Public vs. Notary Signing Agent

Is a notary signing agent the same as a notary public?

No. A notary signing agent is a commissioned notary public who has additional training focused on loan documents and real estate closings.

Can a notary public handle loan signings?

A general notary public may notarize signatures on many documents, but a notary signing agent is specifically trained to handle the larger and more specialized document packages used in mortgage and real estate transactions.

Do notary signing agents give legal advice?

No. Like notary publics, notary signing agents cannot provide legal advice or explain the legal meaning of documents.

Do you have to become a notary public first?

Yes. In California, you must first become a commissioned notary public before pursuing work or training as a notary signing agent.

Which role usually earns more?

Notary signing agents often earn more per appointment because loan signings and real estate closings are more specialized and involve larger document packages.

Conclusion

Notary publics and notary signing agents play an important role in verifying documents and helping clients ensure the integrity of legal transactions. However, each role has key differences that set it apart from the other.

A notary public typically notarizes legal documents, affidavits, powers of attorney, and other similar items. A notary signing agent, however, assists with notarizing documents used in real estate transactions and mortgage loans. Either way, becoming a notary public is the first step to entering this career path.

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