NSA State Restrictions
19 states have attorney requirements, licensing requirements, or fee limitations that affect notary signing agents. Working in one of these states without knowing the rules can expose you to serious liability.
Source: National Notary Association state restriction database. Last reviewed March 2026.
Attorney Required
7 statesA licensed attorney must be present or conduct the closing.
Licensed CT attorney must conduct closing
State law prohibits non-CT attorneys from conducting most mortgage loan closings. Exceptions: HELOCs, loans not requiring title insurance, out-of-state property loans.
DE attorney required for sale or refinance
Only a Delaware attorney may conduct the closing of a sale or refinance of Delaware real estate.
GA attorney must be present
Georgia Supreme Court ruled real estate closing is the practice of law. A Georgia attorney must be present or directly involved.
MA attorney must conduct closing
G.L. 222(e) prohibits non-attorney notaries from conducting real estate closings. Exception: notary employed by lender may notarize documents for that lender's loans.
SC attorney must supervise closing
South Carolina Supreme Court: a state attorney must supervise and conduct a real estate closing.
VT attorney must be present or involved
Vermont requires a licensed Vermont attorney to be present or involved in a real estate closing.
WV attorney must conduct closing
Advisory opinion: a West Virginia attorney must conduct real estate closings as these transactions are considered practice of law.
Attorney Customary
5 statesAttorney involvement is customary; some companies require it even without a legal mandate.
Attorney involvement customary
By custom or practice in Illinois, attorneys are involved in certain transactions. Some companies require it.
Attorney involvement customary (North NJ)
Particularly in North New Jersey, attorney involvement is customary. Reverse mortgages require attorneys for both lender and mortgagor.
Attorney required in some parts/transactions
Some parts of New York require an attorney for purchase/sale transactions. Reverse mortgages require attorneys for both sides. Some companies use only attorneys.
Attorney oversight required
NSAs may provide loan signing services, but oversight and supervision by an attorney is required.
Attorney involvement customary
By custom or practice in Ohio, attorneys are involved in some real estate closings.
License Required
4 statesNSAs must hold a specific professional license to conduct closings.
Title insurance producer license required
Anyone conducting a real estate closing, including NSAs, must hold a title insurance producer license per Indiana Insurance Department Bulletin 135.
Title insurance producer license required
Persons conducting a real estate closing must hold a title insurance producer license per Maryland Insurance Administration Bulletin 16-34. Independent contractors supervised by a licensed title producer may also perform closings.
Closing agent license required
Minnesota Dept. of Commerce advises that persons conducting a real estate closing must hold a closing agent license.
Title insurance license required
Anyone who conducts a real property closing and handles money for closing costs must hold a title insurance license.
Fee Limited
2 statesNSA fees are capped by statute.
Fee capped at notarial act + gov't travel rate
NSAs are limited to the state's maximum fee for each notarial act plus the per-mile travel rate authorized for state government employees.
Statutory fee cap with time-of-day travel formula
Statute limits fees notaries may charge for notarial acts and travel fees, with amounts varying based on time of day.
Loan Type Restriction
1 statesCertain loan types must close in specific locations or with an attorney.
HELOC and wrap loans must close at lender/attorney/title
HELOC loans must close at the permanent physical address of the lender, attorney, or title company — not at the borrower's home. Effective Jan 1, 2022, wrap mortgage loans must be closed by an attorney or title company.
All other states
The NNA considers all states not listed above to have no known restrictions on NSAs performing loan signings. State laws change — always verify current requirements with your state's Secretary of State office or a notary law attorney.
Before accepting an order in a restricted state
Always verify the requirements directly with the contracting company. Title companies in attorney-required states typically handle the attorney coordination themselves — they need you to know the signing process, not manage the legal structure.
Pre-Job Compliance Check in SigningOS
When you create a new order in SigningOS for one of these 19 states, the app automatically shows a compliance warning with the relevant restriction — so you always know before you go.
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