Notary Signing Agent Texas

Interested in finding out how to become a notary signing agent in Texas? We’ve got you covered.

In order to become a notary signing agent, you will need to:

• Be commissioned as a notary public
• Take a loan signing training course
• Become Signing Professionals Workgroup (SPW) compliant
• Purchase your notary supplies

This Notary Signing Agent Texas article breaks down everything you need to know in easy-to-follow, succinct steps, and should help you commence your loan signing career with as little difficulty as possible.

What is a Notary Signing Agent

Notary signing agents (NSA) are crucial in the real estate sector as they act as a guide for borrowers through loan document signings, acknowledging their signatures, and returning documents to the lender.

On the surface, the role of an NSA might seem identical to that of a notary public, but the distinction lies in the level of expertise required for each task.

While a notary public primarily verifies the identities of signatories and acknowledges signatures, an NSA possesses a deeper understanding of loan documents and has been trained to provide unbiased explanations of each document’s purpose.

Although no extra legal qualifications are required to become an NSA in Maryland, undertaking specialized training is strongly recommended for a couple of reasons. Namely, because it:

• Makes you a more appealing candidate to lenders, title companies, and other industry recruiters — who typically prefer NSAs with specific training due to the complexity of loan signings
• Ensures that you’re actually capable of competently fulfilling all of the responsibilities associated with being an NSA

Note: For more information on this specialized training, see Step 2: Take a Loan Signing Training Course below.

How to Become a Notary Signing Agent in Texas

If you’re interested in the idea of becoming a notary signing agent in Texas, you can get started today by completing the following steps. 

Step 1: Become a Notary Public

In order to become a notary signing agent, you will first need to be commissioned as a notary public in Texas.

In order to do this, you will need to complete the following steps:

• Meet the basic eligibility criteria: State law mandates all aspiring Texas notaries to be at least 18 years old and be legal residents of the state. You will also need to satisfy Texas’ background requirements. 
• Purchase a $10,000 surety bond: This bond protects the public from any liability that arises as a result of mistakes on your part when performing notarial services. Surety bonds can be purchased through the National Notary Association or through a general insurance company. 
• Complete and file an application form: You will need to file Form 2301: Application for Appointment as a Texas Notary Public with the Secretary of State in order to become commissioned. 
• Procure notary supplies: Tools of the trade, such as notary seals and record books, are essential for maintaining professionalism and fulfilling your responsibilities. These will need to be specific to the state of Texas.

Step 2: Take a Loan Signing Training Course

After you receive your notary commission and are ready to begin operating as a notary public, you will likely want to undertake a specialized loan signing training course.

Even though this is not a requirement in the state of Texas, it is highly recommended as it offers the following benefits:

• In-depth understanding: A specialized course can allow you to dive deep into the complexities of mortgage loan signings, improving your overall understanding and capabilities as an NSA. It can also help you become well-versed in how to handle unexpected situations with professionalism
• Boosts employability: Your certificate signifies your commitment and specialized skill set, and can thus increase your marketability. Hiring companies also generally tend to prefer candidates with additional qualifications
• Confidence builder: A course can provide you with a certain degree of “hands-on experience,” which will inevitably make you more comfortable and confident during actual signings. This confidence can translate into improved service and positive client experiences

Did you know? A loan signing training course can also prepare you to pass the Signing Professionals Workgroup (SPW) exam.

Step 3: Become SPW Compliant

Even though this step is optional, it is generally recommended.

This is because — similar to getting a loan signing training course — it allows hiring companies to know that you understand fundamental aspects of the finance and real estate sector, which makes you more desirable as a candidate.

All in all, SPW compliance is — generally speaking — seen as a testament to your trustworthiness and competence in the mortgage industry.

Getting compliant involves undergoing a background check, passing an exam, and purchasing Errors and Omissions insurance (minimum $25,000 in coverage).

Step 4: Purchase Signing Agent Supplies

After you’ve been commissioned as a notary public and have spent time in order to become qualified as a loan signing agent, you will need to purchase your notary supplies.

Loan signing agents generally need a notary stamp or seal, as well as a notary record book (or journal).

Your notary stamp will be used for notarizing documents during loan signings, whereas the journal will be for keeping a record of all of the notarial acts that you perform.

Step 5: Obtain Errors and Omissions Insurance

As a final step, you will likely want to purchase a comprehensive Errors and Omissions (E&O) insurance policy.

This is a type of insurance that protects you against any liability that may arise due to negligence or misconduct on your part.

Examples of where an E&O insurance policy can be useful include:

• You’re overseeing a busy loan signing and, in a rush, you accidentally miss a signature. The loan process stalls, the borrower incurs late fees, and you’re hit with a compensation claim
• While going through a home loan document, you wrongly notarize a signature. The mortgage approval is lost and the client files a claim against you
• During a loan signing, you skip a page inadvertently. The document is void, leading to delays and extra work. In this case, the lender could choose to file a claim against you in order to be compensated for any additional expenses

Note: Purchasing E&O insurance is actually a requirement for becoming SPW compliant.

Texas Notary Signing Agent Restrictions

While Texas presents promising opportunities for notary signing agents, it’s essential to understand the state’s specific restrictions, particularly pertaining to Home Equity Line of Credit (HELOC) loans and wrap mortgage loans.

In Texas, notary signing agents cannot explain the meaning of a document or provide legal advice. Your role is primarily to verify the identities of the involved parties, oversee the signing of documents, and notarize these signatures.

However, certain loan types carry specific closing requirements:

• HELOC loans: As per the Texas Constitution (Article XVI), HELOC loans are shielded from a forced sale for the payment of all debts, provided they are closed in the office of a lender, an attorney, or a title company. This office must be a permanent physical location, which can include an indoor office or a parking lot, as clarified by the Texas Administrative Code
• Wrap mortgage loans: Effective January 1, 2022, Texas law dictates that a lien securing a wrap mortgage loan is void unless the wrap loan and the conveyance of residential real estate securing the loan are closed by an attorney or a title company

These specific requirements highlight the importance of your role as a notary signing agent in facilitating loan signings while strictly adhering to the state’s legal guidelines.