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Mortgage Loan Modifications

Starting at $100

30 minutes

About

Base price includes signing service, notarization and travel costs (up to 15 miles).


In South Carolina, notaries public are not permitted to conduct real estate or mortgage loan closings without an attorney present. While some states do allow for notaries to conduct a closing without an attorney, the South Carolina Supreme Court has clearly stated that an attorney must conduct all real estate and mortgage loan closings. Mortgage refinancing is also subject to this rule.


South Carolina is one of five states that have witness requirements for the recording of the deeds and mortgages. The requirement is 2 witnesses and one can be the notary. Because South Carolina prevents NSAs from conducting real estate loan transactions unless supervised by an attorney–I can, however, provide witnessing and courier services for attorneys.


In regards to mortgage loan closing transactions, there is an exception for mortgage loan modifications. The South Carolina Supreme Court stated in Crawford vs. Central Mortgage Company (404 S.C. 39, 744 S.E. 2d 638 (2013)) that lenders do not engage in the unauthorized practice of law by preparing and mailing loan modifications to borrowers and recording the executed documents, without the participation of a licensed official.


When acting as a notary signing agent (NSA), I can:


Print and organize documents

Conduct mortgage loan modification signings

Gather relevant copies (Ex: Driver’s License, Tax Returns, Mortgage Statements, etc) requested by a lender

Return signed documents and relevant copies via FedEx, UPS, USPS


However, I cannot by law:


Process loans

Prepare documents

Close loans

Offer opinions or give advice

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