Transcription

spwSigningProfessionalsWorkgroupNotarySigning AgentCode of ConductJanuary 21, 2016

CONTENTSINTRODUCTION .1DEFINITIONS.3D.1. Close Relative3D.2. Closing3D.3. Closing Agent3D.4. Closing Documents3D.5. Contracting Company3D.6. Critical Documents3D.7. Journal3D.8. Lender’s Representative3D.9. Non-Public Personal Information3D.10. Notarial Evidence Form4D.11. Notary Signing Agent or NSA4D.12. Settlement Services4D.13. Signer4D.14. Signing Assignment4D.15. Signing Presentation Guidelines4D.16. Signing Services4THE GUIDING PRINCIPLES.5GUIDING PRINCIPLE 1: QUALIFICATIONS.61.1. Background Screening61.2. Professional Licenses61.3. Notary Laws and Rules61.4. Federal Laws61.5. Certification61.6. Closing Documents61.7. Ongoing Learning61.8. Supervising Attorney7GUIDING PRINCIPLE 2: NOTARIZATION.82.1. Standard of Care82.2. Improper Identification82.3. Discrepancies in Names82.4. Notary Seal82.5. Seal Misuse82.6. Journal of Notarial Acts82.7. Notarial Evidence Form82.8. Control of Seal and Journal82.9. Legibility92.10. Completion of Notarial Acts92.11. Notary Public Code of Professional Responsibility9Notary Signing Agent Code of Conductii

2.12. Undue Cause for Refusal9GUIDING PRINCIPLE 3: IMPARTIALITY . 103.1. Personal Interest103.2. Professional Interest103.3. Notary Signing Agent and Attorney in Fact103.4. Notary Signing Agent and Witness103.5. Appearance of Partiality103.6. Personal Opinion103.7. Exercise of Rescission Option10GUIDING PRINCIPLE 4: UNAUTHORIZED ADVICE OR SERVICES. 114.1. Legal Advice114.2. Role and Limitations114.3. Response to Questions114.4. Presentation of Documents114.5. Loan Terms114.6. Settlement Fees114.7. Disbursement or Funding Date114.8. Loan Programs and Professionals124.9. Contact Sources124.10. Disclosure of Contact Sources12GUIDING PRINCIPLE 5: ILLEGAL AND SUSPICIOUS ACTIVITY . 135.1. Absent Signer135.2. Pre- or Post-dated Certificate135.3. False Document or Certificate135.4. Extra Certificate135.5. Approval of Power of Attorney Signing135.6. Signer Awareness, Willingness and Disability135.7. Inconsistent Signatures or Handwriting135.8. Incomplete Documents145.9. Presentation of Entire Document145.10. Potential or Actual Misrepresentation145.11. Unlawful Transaction145.12. Evidence of Tampering145.13. Disclosure of Wrongdoing145.14. Cooperation with Authorities14GUIDING PRINCIPLE 6: PRIVACY AND CONFIDENTIALITY . 156.1. Nondisclosure of Signer Information156.2. Journal Entries156.3. Scrutiny of Documents156.4. Reception and Delivery of Documents156.5. Printing of Documents156.6. Compromised Documents15Notary Signing Agent Code of Conductiii

6.7. Security of Documents6.8. Request for Electronic Documents6.9. Return of Documents6.10. Access Instructions6.11. Unprotected Network6.12. Transmission or Reception of Non-public Personal Information6.13. Deletion of Electronic Documents15151616161616GUIDING PRINCIPLE 7: FEES . 177.1. Confirmation of Fee in Writing177.2. Performance for Fee177.3. Referral Fee177.4. Collusion177.5. Submission of Invoice177.6. Invoice for Contracted Fee177.7. Collection of Fee from Contracting Company177.8. Collection of Fee from Signer177.9. Separate Financial Records17GUIDING PRINCIPLE 8: ADVERTISING. 188.1. Truthful Personal Assessment188.2. False or Misleading Claims188.3. Use of Professional Designation188.4. Observation of Rules for Use188.5. Use of Improper Designation188.6. Solicitation of Outside Business18GUIDING PRINCIPLE 9: PROFESSIONALISM . 199.1. Refusal of Assignment199.2. Overbooked Appointments199.3. Delegation of Duties199.4. Cancellation and Rescheduling of Appointments199.5. Signing Presentation Guidelines199.6. Assignment Requirements199.7. Contracting Company Instructions199.8. Review of Documents209.9. Notification of Missing Documents209.10. Appointment Confirmation209.11. Professional Communications209.12. Appropriate Attire209.13. Notification of Late Arrival209.14. Identifying Credentials209.15. Changes to Documents209.16. Status Reporting209.17. Quality Assurance Review219.18. Observance of Deadlines21Notary Signing Agent Code of Conductiv

GUIDING PRINCIPLE 10: STANDARDS. 2210.1. Association with Practitioners2210.2. Encouragement of Practitioners2210.3. Dispensing Knowledge2210.4. Higher Standards22NOTARY SIGNING AGENT’S ACKNOWLEDGMENT. 23Notary Signing Agent Code of Conductv

This document (the “Work”) is published by the Signing Professionals Workgroup (“SPW”).Copyright 2013, 2014, 2016. All rights reserved.Subject to this License, Licensor hereby grants any user of this document (“Licensee”) aworldwide, royalty-free, irrevocable, perpetual, non-exclusive license to reproduce the Workin copies, to prepare proprietary derivative works based upon the Work, to distribute copies ofthe Work to the public by sale or other transfer of ownership, and to display the Workpublicly.Any distribution of copies of the Work, or of a derivative work based upon the Work, shallreproduce verbatim the above copyright notice, the entire text of this License and the entiredisclaimer below under the following header: “This document includes works developed bySPW subject to SPW License, published at www.signingprofessionalsworkgroup.org. Uponpublication of a derivative work, Licensee shall inform SPW of such publication and addressto SPW a copy of Licensee’s derivative work and any relevant documentation.“SPW” is a trade name of the “Signing Professionals Workgroup.” No derivative work oraltered versions of a Work by Licensee may be trademarked or labeled in reference to SPW orany of its trademark(s) or service mark(s) without SPW’s prior written approval. No referenceto SPW or any of its trademarks by Licensee shall imply endorsement of Licensee’s activitiesand products.DISCLAIMER: THIS WORK IS PROVIDED “AS IS.” SPW, THE COPYRIGHT HOLDER,MAKES NO REPRESENTATIONS OR WARRANTIES (I) EXPRESS OR IMPLIED,INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT; (II)THAT THE CONTENTS OF SUCH WORK ARE FREE FROM ERROR OR SUITABLEFOR ANY PURPOSE; NOR THAT IMPLEMENTATION OF SUCH CONTENTS WILLNOT INFRINGE ANY THIRD-PARTY COPYRIGHTS, TRADEMARKS OR OTHERRIGHTS. IN NO EVENT WILL SPW, THE COPYRIGHT HOLDER, BE LIABLE TO ANYPARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGESFOR ANY USE OF THIS WORK, EVEN IF SPW, THE COPYRIGHT HOLDER, AREEXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.Version 1.01 was approved September 24, 2013.Version 1.02 was approved October 9, 2013.Version 2.0 approved June 3, 2014.Version 3.0 was approved January 21, 2016.For the list of amendments, visit www.signingprofessionalsworkgroup.org.Notary Signing Agent Code of Conductvi

INTRODUCTIONPurpose of the CodeThe Notary Signing Agent’s pivotal role in lending integrity to mortgage finance and realproperty transactions necessitates sound standards for the performance of signing services.While many occupations pose professional and ethical norms for their practitioners, theneed for guidelines for Notary Signing Agents is necessary given the fact that the vocation ofNotary Signing Agent is largely an unregulated profession. While state Notary Public laws andregulations apply to the notarial acts performed by NSAs, these laws offer no guidance to thenon-notarial services rendered by NSAs.The purpose of The Notary Signing Agent Code of Conduct (Code) is to enable NotarySigning Agents to operate according to the highest standards of practice expected of likeprofessionals in the settlement services industry.The Code Standards are of two types. Most are principles, policies and practices that haveproven to be effective in helping Notary Signing Agents perform their primary function ofwitnessing the proper execution of loan and real estate documents. The rest address and guidethe NSA’s supportive duties, such as advertising services, charging and collecting fees, anddemonstrating responsible conduct with contracting companies and customers.Because the acts of Notary Signing Agents affect property, and most importantly, personalrights, it is imperative that standards of practice for NSAs be widely acknowledged as just, fair andwell-developed. To that end, the Standards in this Code were drafted with input from representativesof occupational fields which employ NSAs, business professionals and NSAs themselves.Organization of the CodeThis Notary Signing Agent Code of Conduct is divided into ten sections or “GuidingPrinciples” to enumerate the essential roles of the Notary Signing Agent. They are generalrules for responsible conduct.Each Guiding Principle in turn sets forth particular “Standards of Practice” for the NotarySigning Agent. Each Standard clarifies the NSA’s many duties.Basis of the CodeThe Guiding Principles and Standards of Practice are the distillation of interactionbetween the National Notary Association, thousands of Notary Signing Agents from everystate and U.S. jurisdiction, lenders and the companies that employ NSAs. They address thecommon problems, issues and questions encountered by NSAs.The Principles and Standards reflect the conviction that Notary Signing Agents mustoperate in a professional and businesslike fashion and always carefully document their officialactivities.Notary Signing Agent Code of Conduct1

Statutory RequirementsIn some jurisdictions, a particular Standard Practice may already be a requirement ofstatute, such as the universal legal mandate to identify document signers when performingnotarial acts. For the overwhelming majority of Notary Signing Agents, no statute oradministrative rule will prevent adherence to the Standards of Practice in the Code. Ifadherence to a Guiding Principle or Standard would result in violation of the law, the NSAshould always comply with the law.Contracting Company ExpectationsThe Standards may contradict the policies or expectations of the Notary Signing Agent’scontracting company, especially with regard to notarial practices. The point of conflict oftensurfaces due to the unique pressures inherent in the settlement services industry to close loansand transactions as quickly as possible.Notary Signing Agents should understand that the Code is a model for preferred conduct.A NSA should never violate the law if compliance with the law is against the wishes of thecontracting company or any other party to the transaction.Uses and Benefits of the CodeThis Code may serve as a tool to guide and educate not only Notary Signing Agents, butalso contracting companies employing NSAs and any users of NSA services.Widespread implementation of the Code will reduce fraud and litigation.Any Notary Signing Agent’s adherence to the Code’s Standards brings confidence that heor she is acting in accord with the highest standards of the vocation.Widespread adherence to the Standards by Notary Signing Agents will engenderheightened respect and recognition for NSAs.Revision of the CodeThe Notary Signing Agent Code of Conduct is not intended to be static and unchangeable.Its organization allows the separable Standards to be added, deleted or amended with little orno disruption of other elements in the Code.While the 10 Guiding Principles of the Code are sufficiently general to embraceconsiderable change in the duties and practices of Notary Signing Agents without amendmentto their current form, it is likely that the Code’s Standards may in time need revision orsupplement to accommodate technological developments.Periodic review and revision of the Code is intended. The most current version of theCode and a list of version changes will be made available upon release.Notary Signing Agent Code of Conduct2

DEFINITIONSIn this Notary Signing Agent Code of Conduct the following terms have the meaning ascribed:D.1. Close Relative“Close relative” means the Notary Signing Agent’s spouse, domestic partner, parent,grandparent, sibling, child, stepchild, stepsibling, stepparent, step-grandparent, stepgrandchild or in-law.D.2. Closing“Closing” means the consummation of a transaction involving the purchase, sale orfinancing of real property.D.3. Closing Agent“Closing agent” means a third party, including, but not limited to, an attorney, title agentor escrow officer, that performs duties incident to the consummation of a transactioninvolving the purchase, sale, or financing of an interest in real property.D.4. Closing Documents“Closing documents” mean the agreements, authorizations, contracts, disclosures,instructions, notices and statements executed to consummate the purchase, sale or financingof an interest in real property.D.5. Contracting Company“Contracting company” means an individual or entity that enters into an agreement withand hires Notary Signing Agents to perform signing services.D.6. Critical Documents“Critical documents” mean the Note, Deed of Trust or Mortgage, and, as applicable, theTruth in Lending Disclosure, HUD-1 Settlement Statement, Closing Disclosure and Notice ofRight to Cancel form contained in the closing documents, and other documents specified bythe lender.D.7. Journal“Journal” means a book or electronic medium to create and preserve a chronologicalrecord of notarizations maintained and retained by a Notary Signing Agent in his or hercapacity as a Notary Public.D.8. Lender’s Representative“Lender’s representative” means an individual who acts on behalf of a lender, including,but not limited to, a loan officer, mortgage broker, banker, or loan closer or processor.D.9. Non-Public Personal Information“Non-public personal information” means personally identifiable data provided by acustomer on a form or application, information about a customer’s transactions, or any otherinformation about a customer which is otherwise unavailable to the general public, andNotary Signing Agent Code of Conduct3

includes a customer’s first name or first initial and last name coupled with any of thefollowing: Social Security number, driver’s license number, state-issued ID number, creditcard number, debit card number, or other financial account numbers.D.10. Notarial Evidence Form“Notarial Evidence Form” means a record of notarizations performed in a transactioninvolving the purchase, sale or financing of real estate that is completed by a Notary SigningAgent and retained by the lender or closing agent.D.11. Notary Signing Agent or NSA“‘Notary Signing Agent’ or ‘NSA’” means an individual who has fulfilled allrequirements to earn and maintain the Notary Signing Agent designation prescribed by theSigning Professionals Workgroup, and provides signing services as an independent contractor.D.12. Settlement Services“Settlement services” has the meaning ascribed in 12 USC § 2602, and includes any of thefollowing when performed in connection with a real property closing: title searches, titleexaminations, the provision of title certificates, title insurance, services rendered by anattorney, the preparation of documents, property surveys, the rendering of credit reports orappraisals, pest and fungus inspections, services rendered by a real estate agent or broker, theorigination of a federally related mortgage loan (including, but not limited to, the taking ofloan applications, loan processing, and the underwriting and funding of loans), and thehandling of the processing, and closing or settlement.D.13. Signer“Signer” means an individual who is a buyer, seller or borrower in a transaction topurchase, sell or finance an interest in real property.D.14. Signing Assignment“Signing assignment” means an engagement to provide signing services.D.15. Signing Presentation Guidelines“Signing presentation guidelines” means standardized written copy or answers used by aNotary Signing Agent in providing signing services.D.16. Signing Services“Signing services” means performance by a Notary Signing Agent of any of the following:coordination of the appointment at which closing documents are signed; receipt, duplication,transportation to the parties for signatures, transmission by fax, and delivery to a shippingcarrier, of closing documents; care, custody, and control of closing documents while in thepossession of a NSA; presentation of closing documents to the parties for signatures;notarization of closing documents; and supervision of the signing of documents by the parties.Notary Signing Agent Code of Conduct4

THE GUIDING PRINCIPLES1. QualificationsThe Notary Signing Agent will satisfactorily meet and maintain all qualifications necessary toperform signing services.2. NotarizationThe Notary Signing Agent will follow all laws, rules and best practices that apply to thenotarizing of closing documents.3. ImpartialityThe Notary Signing Agent will remain impartial to the transaction at all times.4. Unauthorized Advice or ServicesThe Notary Signing Agent will not provide legal, personal, financial or other advice orservices to the signer in connection with a signing assignment nor explain the terms of anyclosing document presented to the signer.5. Illegal and Suspicious ActivityThe Notary Signing Agent will not perform an illegal, deceptive or harmful act in connectionwith a signing assignment and will report any suspicious activity to the NSA’s contractingcompany.6. Privacy and ConfidentialityThe Notary Signing Agent will respect the privacy of each signer and protect closingdocuments from unauthorized disclosure.7. FeesThe Notary Signing Agent will follow all contractual obligations in charging and collectingfees for services rendered.8. AdvertisingThe Notary Signing Agent will not advertise signing services in a manner that isunprofessional, false, misleading or deceptive.9. ProfessionalismThe Notary Signing Agent will always act in a responsible manner towards contractingcompanies and parties to the transaction.10. StandardsThe Notary Signing Agent will endeavor to maintain and raise standards of practice amongstpractitioners in the signing services industry.Notary Signing Agent Code of Conduct5

GUIDING PRINCIPLE 1: QUALIFICATIONSThe Notary Signing Agent will satisfactorily meet and maintain all qualificationsnecessary to perform signing services.Standards of Practice1.1. Background ScreeningThe Notary Signing Agent will submit to a background screening of the NSA’s identity,residence, record of state or federal criminal arrests and convictions, and state motor vehiclerecord, and to a check of the NSA’s name against pertinent lists as required by rulesimplementing the USA PATRIOT Act.1.2. Professional LicensesThe Notary Signing Agent will obtain and maintain all licenses and commissions requiredto perform signing services in the NSA’s state or jurisdiction.1.3. Notary Laws and RulesThe Notary Signing Agent will keep current on all laws and official regulations that affectthe performance of notarial acts in the NSA’s state or jurisdiction.1.4. Federal LawsThe Notary Signing Agent will demonstrate an understanding of the provisions of anyrelevant federal laws and official regulations that pertain to the performance of signing services,including, but not limited to, the Gramm-Leach-Bliley Act (GLBA), Truth in Lending Act(TILA), Real Estate Settlement Procedures Act (RESPA), Fair and Accurate Credit andTransactions Act (FACTA) and the Uniting and Strengthening America by ProvidingAppropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT) Act.1.5. CertificationThe Notary Signing Agent will earn and maintain any relevant certifications needed toservice contracting companies and parties to the transaction.1.6. Closing DocumentsThe Notary Signing Agent will become familiar with the closing documents for eachassignment but will not use this knowledge to provide unauthorized counsel or advice tosigning parties.1.7. Ongoing LearningThe Notary Signing Agent will keep informed on any technical matters, legal requirementsand other developments that affect the NSA’s competence or responsibilities in rendering signingservices.Notary Signing Agent Code of Conduct6

1.8. Supervising AttorneyThe Notary Signing Agent will willingly submit to the supervision of an attorney ifrequired by law or rule in the NSA’s state or jurisdiction.Notary Signing Agent Code of Conduct7

GUIDING PRINCIPLE 2: NOTARIZATIONThe Notary Signing Agent will follow all laws, rules and best practices that applyto the notarizing of closing documents.Standards of Practice2.1. Standard of CareThe Notary Signing Agent will exercise reasonable care in the performance of notarialduties generally and will exercise a high degree of care in verifying the identity of any personwhose identity is the subject of a notarial act.2.2. Improper IdentificationThe Notary Signing Agent will not accept an unauthorized identification document orother means of identification as satisfactory evidence of identity in order to expedite theclosing of the transaction or for any other reason, and will ensure that any identificationdocument presented has not expired, unless expressly authorized by law.2.3. Discrepancies in NamesThe Notary Signing Agent will not notarize the signature of a signing party whose nameon the document cannot be verified with reasonable certainty by examining a writtenidentification document or by the oaths of credible witnesses.2.4. Notary SealThe Notary Signing Agent will authenticate each notarial act performed on closingdocuments with the NSA’s Notary seal, even if not required by law.2.5. Seal MisuseThe Notary Signing Agent will not use the NSA’s Notary seal for any purpose other thanperforming authorized notarial acts.2.6. Journal of Notarial ActsThe Notary Signing Agent will record each notarial act performed on closing documents ina journal of notarial acts even if not required by law.2.7. Notarial Evidence FormThe Notary Signing Agent will complete and promptly return a Notarial Evidence Form foreach assignment when requested or required by a lender, title company, closing agent orcontracting company.2.8. Control of Seal and JournalThe Notary Signing Agent will keep the NSA’s Notary seal and journal in a locked andsecure area when not in use and not allow any other person to possess or use them.Notary Signing Agent Code of Conduct8

2.9. LegibilityThe Notary Signing Agent will ensure that the NSA’s handwriting and Notary seal on allclosing documents are legible and photographically reproducible.2.10. Completion of Notarial ActsThe Notary Signing Agent will complete the notarial acts on all closing documents and thejournal entries for the notarizations in the presence of the signer at the appointment when thedocuments are signed.2.11. Notary Public Code of Professional ResponsibilityThe Notary Signing Agent will comply with all standards set forth in The Notary PublicCode of Professional Responsibility as adopted and amended by the National NotaryAssociation.2.12. Undue Cause for RefusalThe Notary Signing Agent will not refuse to perform a notarial act solely because a signerrefuses to comply with a practice that is not a legal requirement for notarization in the NSA’sstate or jurisdiction.Notary Signing Agent Code of Conduct9

GUIDING PRINCIPLE 3: IMPARTIALITYThe Notary Signing Agent will remain impartial to the transaction at all times.Standards of Practice3.1. Personal InterestThe Notary Signing Agent will not provide signing services for a transaction in which theNSA or the NSA’s close relative is directly or indirectly involved as a party.3.2. Professional InterestThe Notary Signing Agent will not provide signing services for a transaction in which theNSA or NSA’s close relative is the loan officer, real estate agent, mortgage broker, or asettlement services provider.3.3. Notary Signing Agent and Attorney in FactThe Notary Signing Agent will not sign documents in the capacity of Notary SigningAgent and as attorney in fact for a principal in the same transaction.3.4. Notary Signing Agent and WitnessThe Notary Signing Agent will not perform signing services in the capacity of NotarySigning Agent and witness to a deed, Deed of Trust or Mortgage in the same transactionunless expressly allowed by law.3.5. Appearance of PartialityThe Notary Signing Agent will refrain from performing signing services in any transactionthat would raise the appearance of or the potential for a conflict of interest.3.6. Personal OpinionThe Notary Signing Agent will not offer a personal opinion to a signer about executing ornot executing closing documents or consummating or not consummating a transaction.3.7. Exercise of Rescission OptionThe Notary Signing Agent will not recommend that a borrower proceed with the signing ofany closing document on the grounds that the rescission option provides three business daysto thoroughly read loan documents, ask questions of the lender and decide whether toconsummate the transaction, but will recommend that the borrower contact the lender’srepresentative immediately before signing the documents.Notary Signing Agent Code of Conduct10

GUIDING PRINCIPLE 4: UNAUTHORIZED ADVICE OR SERVICESThe Notary Signing Agent will not provide legal, personal, financial or otheradvice or services to the signer in connection with a signing assignment norexplain the terms of any closing document presented to the signer.Standards of Practice4.1. Legal AdviceThe Notary Signing Agent will not offer legal advice to a signer during an assignmentto provide signing services unless the NSA is an attorney representing a party in thetransaction.4.2. Role and LimitationsThe Notary Signing Agent will clearly explain to the signing parties that the NSA is solelyresponsible for providing signing services connected with the transaction and cannot answerspecific questions about the transaction or the legal effect of the closing documents.4.3. Response to QuestionsThe Notary Signing Agent may respond to a signer’s specific question by directing theindividual to read the provisions in the critical or other closing documents identified by theNSA that may answer the question or by referring the individual to the lender’s representativeor closing agent associated with the transaction.4.4. Presentation of DocumentsThe Notary Signing Agent will present each closing document to a signer in conformancewith a signing presentation guidelines authorized by the contracting company, and by namingand stating the general purpose of the document, specifying the number of pages andindicating where signatures, dates or initials are to be placed.4.5. Loan TermsThe Notary Signing Agent may identify and provide a general description of a loan orpayment amount, interest rate, annual percentage rate, finance charge, payment schedule,assumption option, prepayment penalty or any other loan term to a borrower in the closingdocuments, but may not explain, interpret or provide legal advice about the loan terms.4.6. Settlement FeesThe Notary Signing Agent may identify and provide a general description of a fee orcharge appearing on a signer’s HUD-1, Closing Disclosure or other closing statement, asapplicable, but may not explain, interpret or provide legal advice about the fee or charge.4.7. Disbursement or Funding DateThe Notary Signing Agent will neither attempt to forecast nor disclose an actualdisbursement or funding date to a signer unless expressly requested in writing by a lender’sNotary Signing Agent Code of Conduct11

representative or closing agent or the date is clearly identified in a closing document the NSAcan present to the individual.4.8. Loan Programs and ProfessionalsThe Notary Signing Agent will not advise a borrower on loan products, programs,competitive rates or mortgage loan professionals at a signing appointment or in any verbal orwritten communication in connection with an assignment.4.9. Contact SourcesA Notary Signing Agent will not commence a signing appointment without havingobtained the contact information of the lender’s representative and closing agent associatedwith the transaction.4.10. Disclosure of Contact SourcesThe Notary Signing Agent will provide the borrower with the contact information of thelender’s representative and closing agent who may answer questions about the loan andexplain the terms of the loan or any closing document presented to the borrower.Notary Signing Agent Code of Conduct12

GUIDING PRINCIPLE 5: ILLEGAL AND SUSPICIOUS ACTIVITYThe Notary Signing Agent will not perform an illegal, deceptive or harmful act inconnection with a signing assignment and will report any suspicious activity tothe NSA’s contracting company.Standards of Practice5.1. Absent SignerThe Notary Signing Agent will not comply with a request to notarize the signature of asigner who does not personally appear before the NSA.5.2. Pre- or Post-dated CertificateThe Notary Signing Agent will not pre- or po

Notary Signing Agents should understand that the Code is a model for preferred conduct. A NSA should never violate the law if compliance with the law is against the wishes of the contracting company or any othe