19 States with Restrictions on Notary Signing Agents
Most states allow Notary Signing Agents to perform loan signing services at real estate closings without restriction. But 19 states have additional requirements — and working in one of these states without knowing the rules can expose you to serious liability.
Here's the complete breakdown, sourced from the National Notary Association's state restriction database.
States Requiring Attorney Involvement
In these states, an attorney must be present or supervise the real estate closing. NSAs can still play a role in the signing process, but an attorney must be involved in the closing:
Connecticut — State law prohibits out-of-state attorneys and non-Connecticut attorneys from conducting most mortgage loan closings. (Exceptions: HELOCs, loans not requiring title insurance, out-of-state property loans.)
Delaware — Only a Delaware attorney may conduct the closing of a sale or refinance of Delaware real estate.
Georgia — The Georgia Supreme Court ruled that a real estate closing is the practice of law and requires a Georgia attorney to be present or involved.
Massachusetts — State law (G.L. 222(e)) prohibits non-attorney Notaries from conducting a real estate closing. Exception: a non-attorney Notary employed by a lender may notarize documents for that lender's loans.
South Carolina — The South Carolina Supreme Court ruled that a state attorney must supervise and conduct a real estate closing.
Vermont — Requires a Vermont attorney to be present or involved in a real estate closing.
West Virginia — Advisory opinion holds that a West Virginia attorney must conduct real estate closings as the transactions are considered practice of law.
States Where Attorney Involvement Is Customary
In these states or regions, attorney involvement is common practice — some companies will require it even if state law doesn't mandate it:
States Requiring a Professional License
Indiana — Anyone conducting a real estate closing, including NSAs, must hold a title insurance producer license (per Indiana Insurance Dept. Bulletin 135).
Maryland — Persons conducting a real estate closing must hold a title insurance producer license (per Maryland Insurance Administration Bulletin 16-34). Exception: independent contractors supervised by a licensed, bonded title insurance producer may also perform closings.
Minnesota — The Minnesota Dept. of Commerce advises that persons conducting a real estate closing must hold a closing agent license.
Virginia — Anyone who conducts a real property closing and handles money for closing costs must hold a title insurance license.
States with Fee Limitations
Nebraska — Notaries are limited to the state's maximum fee for a notarial act plus the per-mile travel rate authorized for state government employees.
Nevada — Statute limits fees Notaries may charge for notarial acts and travel fees, with amounts varying based on time of day.
States with Loan Type Limitations
Texas — Home Equity Line of Credit (HELOC) loans must be closed in the office of a lender, an attorney, or a title company. Additionally, effective January 1, 2022, wrap mortgage loans must be closed by an attorney or title company.
If Your State Isn't Listed
The NNA considers all other states to have no known restrictions on NSAs performing loan signings. That said, state laws change — always verify current requirements with your state's Secretary of State office or an attorney familiar with notary law in your state.
How to Stay Compliant
The SigningOS compliance tab includes state-by-state rules for all 50 states — journal requirements, acceptable IDs, max fees, and acknowledgment wording. It reads your home state automatically from your settings.
For the 19 restricted states, always verify the requirements directly with the contracting company before accepting an order. Title companies in these states typically handle the attorney coordination themselves — they need you to know the signing process, not the legal structure.