New Apostille/Certification Single Certificate:
Beginning February 3, 2025, the Pennsylvania Department of State will update its Apostille format to a universal Apostille/single certificate.
The Apostille is a certificate that certifies the origin of public records that are intended for use abroad. Apostilles are issued pursuant to the Convention of 5 October 1961 Abolishing the Requirement of Legalisation for Foreign Public Documents (HCCH 1961 Apostille Convention). As the designated authority for the Commonwealth, the Pennsylvania Department of State is the only agency that can provide this service to the public for public records originated in Pennsylvania, through the Department’s Office of Notaries, Commissions and Legislation.
Until now, the Department issued two different certificates—one for contracting parties to the Apostille Convention (an Apostille) and one for non-contracting parties (a Certification). The Office of Notaries, Commissions and Legislation will now issue a single certificate that can be used for contracting and non-contracting parties to the Apostille convention. The Department also is using this opportunity to redesign the Apostille, adding Spanish and French translations to each section. The Department will change to an electronic seal, printed in black ink, from the former raised gold seal.
Lastly, the authenticity of all certificates now may be verified by going to the website address provided on the certificate (https://www.notaries.pa.gov/Pages/Search.aspx) and entering the certification number provided on the certificate.
This update affects only the appearance of the Apostille/Certification. It does not require the public to provide additional information or take any additional steps to get their public records certified.
This universal Apostille/single certificate will operate in the same manner as the previous certificate for countries that are not party to the Apostille Convention, and will still require additional authentication from the Office of Authentications within the U.S. Department of State in Washington, D.C.
For additional information regarding the Apostilles, please see frequently asked questions.
HOW TO BECOME AN E-NOTARY
From the Dept. of State: The Electronic Notarization Initiative was established on January 30, 2006, to enhance economic development in Pennsylvania, and was the first of its kind in the nation. e-Notarization allows qualified Pennsylvania notaries public to perform notarizations electronically, in compliance with provisions of the amended Notary Public Law and the Uniform Electronic Transactions Act. There is no cost to apply for an eNotary Commission.
An eNotary must have a signer appear, verify their identity and sign the notary’s journal. The only thing that is done differently is that the Notary’s electronic seal also called a digital signature is affixed to the document. The document is then submitted electronically. The Dept. of State has issued a frequently asked questions bulletin to address questions regarding how the program works.
Below is one of the most important highlights: You must take into consideration whether your notary practice includes the opportunity to notarize documents which will be electronically filed with an entity which is capable of receiving and recording such documents.
In the first year of Phase I of the Electronic Notarization Initiative, four participating county recorders of deeds were able to accept electronic documents for recording. In subsequent years of the Electronic Notarization Program, more counties continue to add electronic recording technology. You must also determine whether you and/or your employer have the hardware and necessary software to create, authorize, validate and distribute documents electronically. Approved electronic notarization solutions each have different processes, costs and business purposes. They may be designed for e-recording, contracting or use in the financial services sector. A notary should carefully review each solution to choose the best one(s) for the notary’s practice.
You must take into consideration whether your notary practice includes the opportunity to notarize documents which will be electronically filed with an entity which is capable of receiving and recording such documents. In the first year of Phase I of the Electronic Notarization Initiative, four participating county recorders of deeds were able to accept electronic documents for recording. In subsequent years of the Electronic Notarization Program, more counties continue to add electronic recording technology. You must also determine whether you and/or your employer have the hardware and necessary software to create, authorize, validate and distribute documents electronically. Approved electronic notarization solutions each have different processes, costs and business purposes. They may be designed for e-recording, contracting or use in the financial services sector. A notary should carefully review each solution to choose the best one(s) for the notary’s practice.
ELECTRONIC NOTARY PUBLIC APPLICATION INSTRUCTIONS
WHERE DO YOU START LOOKING FOR NOTARY SIGNING AGENT WORK?
You’re just starting out as a Notary Signing Agent, and the biggest question is: “Where do I find work?”
Here is an easy 3-step process to start getting loan signing:
APPOINTMENTS
STEP 1: Start by signing up with the major Signing Agent databases that signing services use to offer assignments Notary Signing Agents.
These include:
STEP 2: Next, sign up directly with as many signing service companies as you can. While there are only a handful of major Signing Agent databases, there are literally hundreds of signing service companies across the country. Finding them is as easy. Just do an internet search for “signing services in [your state].”
Or you could utilize a list such as one found in Loan Signing System’s course or what’s found at 123Notary.
STEP 3: Once you have signed up with each signing service, locate a phone number for each signing service and call them directly to introduce yourself. Remember to let them know you are here to help solve their major issues instead of just talking about you and your qualifications.
It’s that easy.
HOW SIGNING SERVICES WORK
Remember, Signing Agents are hired by location and availability. Signing services not only use the major databases listed above to find signing agents, they also use their own database. This is why it’s so important for you to sign up with as many of them as possible. The Notaries that are closest to the borrower's location first get notified that a signing job is available. If no one accepts the signing they will move farther away from the location until a Notary accepts the assignment. A new Signing Agent can get opportunities for appointments early in their career because there will be occasions where no other Signing Agent will be available.
But there is something you, as a newer Signing Agent, need to embrace if you want to find work early on: In the beginning, a newer Signing Agent will be offered the lowest paying jobs and appointments with long travel times. Sometimes the ‘veteran’ Signing Agents turn down an appointment because it is too far from their location or the signing fee being offered is too low.
What veteran Signing Agents turn down is an opportunity for you. This is the BIGGEST reason you will get signing opportunities as a brand new Signing Agent. Now, I know what you're thinking . . . if a veteran Signing Agent won't take an appointment, why should you?
EXPERIENCE VS. PROFIT
To become a good Signing Agent, you need to think like a business owner and you need to have the right mindset. When starting out, gaining experience should be prioritized over profits. You can't command more until you actually have loan signing experience under your belt!
In all honesty, as an owner of a signing service, I can say from experience that newer Signing Agents don't deserve a higher fee until they can prove that they don't make mistakes and are reliable.
So, my recommendation to you is to take every loan signing assignment you can in the beginning, and don't worry about distance or fee until you become a proficient Signing Agent. ONLY then should you start worrying about how much money you make per signing and how far you go for signings.
Through experience and good reviews for your signings, the fees will get higher and the signing appointments will get closer to your location. Get the experience and the money will follow ... and before you know it, you will be working directly with mortgage professionals and keeping the entire signing fee.
SIGNING AGENT STATE RESTRICTIONS
Generally, there are four kinds of state restrictions that may apply to Signing Agents and their ability to handle loan signings: attorney only states, fee restriction states, states that require an additional license, and loan package type limits.
The following states have restrictions that Notary Signing Agents should adhere to:
CONNECTICUT: Prohibits out of state attorneys and non-attorney Notaries from conducting closings for most mortgage loans in Connecticut. This excludes home equity lines of credit, other transactions that don't require the issuance of a title insurance policy, and property located in other states.
DELAWARE: Requires an attorney admitted to the state bar to be present or involved in the closing of real property transactions.
GEORGIA: Requires an attorney admitted to the state bar to be present or involved in the closing of real property transactions.
INDIANA: Requires a title insurance license for all closings.
MARYLAND: Requires a title insurance license for all closings.
MASSACHUSETTS: Requires an attorney admitted to the state bar to be present or involved in the closing of real property transactions. A Notary who is employed by a lender may notarize a document in conjunction with the closing of his or her employer's real estate loans.
MINNESOTA: Requires a closing agent license.
NEBRASKA: Limits the fees Notaries may charge (to the statutory maximum fees for notarial acts only). No ancillary fees, such as a courier fee, may be charged.
NEVADA: Limits the fees Notaries may charge (to the statutory maximum). These fees include an hourly travel fee based upon the time of day traveled.
NEW YORK: Certain companies providing assignments to signing professionals may choose to only use licensed attorneys.
NORTH CAROLINA: Limits the fees Notaries may charge (to the statutory maximum fees for notarial acts). No other ancillary fees may be charged.
SOUTH CAROLINA: Requires an attorney admitted to the state bar to be present or involved in the closing of real property transactions.
SOUTH DAKOTA: Authorities conflict about whether Notary Signing Agents can conduct signings without being an attorney.
TEXAS: Home Equity Line of Credit (HELOC) loans are subject to Article XVI, Section 50 of the Texas Constitution. Title 7, Section 153.15 of the Texas Administrative Code, clarifies that the closing must occur at the permanent physical address of a lender, an attorney, or a title company. This includes an indoor office or a parking lot.
Starting on January 1, 2022, wrap mortgage loans may only be closed by an attorney or a title company. A wrap mortgage loan is a residential mortgage loan that is (a) made to finance the purchase of residential real estate that will continue to be subject to an unreleased lien that attached to the residential real estate before the loan was made and secures a debt incurred by a person other than the wrap borrower that was not paid off at the time the loan was made, and (b) obligating the wrap borrower to the wrap lender for payment of a debt the principal amount of which includes the outstanding balance of the debt and any remaining amount of the purchase price financed by the wrap lender.
UTAH: House Bill 47, clarifies the performance of notarial acts by a Notary, the receipt or delivery of a document, and the receipt of money for delivery to the escrow agent for the transaction does not require an escrow license. Prior to House Bill 47, Utah's insurance code restricted Notaries from handling funds without an escrow license.
VERMONT: Requires an attorney admitted to the state bar to be present or involved in the closing of real property transactions.
VIRGINIA: Restricts Notaries from conducting real property signings without an escrow license if they but once handle monies for closing costs.
WEST VIRGINIA: Requires an attorney admitted to the state bar to conduct the closing of real property because these transactions are considered practice of law.
What are Notary attorney states?
The terms "Notary attorney state" or "real estate attorney state" are commonly used when referring to which states require a lawyer at closing for real property transactions. These deals involve legalese that may be difficult for borrowers to understand and if a title agent, escrow officer or Notary Signing Agent provides explanations, it could be considered the unauthorized practice of law.
In attorney closing states, lawyers serve as a third-party to ensure the legal requirements of the purchase are met, and that the interests of both the buyer and seller are protected. While an attorney must be present, a Notary Signing Agent still handles the notarization part of the process. Here's a list of attorney states for real estate closings:
- Connecticut
- Delaware
- Georgia
- Massachusetts
- New York
- South Carolina
- South Dakota
- Vermont
- West Virginia
What is an escrow state vs. attorney state?
The primary difference for Notary Signing Agents who work in an escrow or an attorney state is whether they are hired and how. Companies in escrow states typically use independent Notary Signing Agents for home loan closings. However, in attorney states, in-house staff Notaries usually handle notarizing during the mortgage closing process.
Note: These notices are based upon the best available information at the time of publication (February 18, 2021) and are not intended as legal advice. The conditions described above are subject to change at any time due to legislative, executive or administrative decisions or developments.
INFORMATION FOR NOTARIES
WHAT’S THE DIFFERENCE BETWEEN A MOBILE NOTARY AND A NOTARY SIGNING AGENT?
Many Notary entrepreneurs are interested in offering general mobile Notary services as well as working as Signing Agents -- but they are not the same. This guide will help you compare and understand the roles of Mobile Notaries and Notary Signing Agents.
MOBILE NOTARIES
Requirements: Must have a Notary commission. Services performed: Mobile Notaries travel to the customer's location to perform notarizations. They may charge up to the maximum fee set by state law for notarization services. In some states, they may also charge a separate travel fee for traveling to the customer's location. Where Mobile Notaries can offer services: Mobile Notaries may offer services in any U.S. state where they hold a Notary commission.
Requirements: Must have a Notary commission. Must be background screened and certified to meet compliance requirements for companies the Signing Agent performs assignments for. Requires a Title Insurance License, Closing Agent License or other special licensing in certain states.*
Services performed: Notary Signing Agents notarize signatures on loan documents and will travel to the signer's location to do so. They are typically expected to perform additional duties involving loan document packages during assignments, such as printing and delivering loan document packages to the signer, ensuring that all needed signatures and initials are obtained for a loan document package, and mailing completed loan document packages to the title company or lender. Where Notary Signing Agents can offer services: Notary Signing Agents are restricted from conducting business in some States.*
GROW YOUR NOTARY BUSINESS: BECOME A PENNDOT CARD AGENT
If you live or work in the Commonwealth, you have the opportunity to become an agent on behalf of PennDOT. PennDOT provides drivers licensing and motor vehicle services to the public through full agents, card agents and messengers.
Becoming a PennDOT Card Agent
A card agent can issue temporary registration cards in connection with the transfer of an existing vehicle registration plate.
As an example: Jake wants to transfer his existing registration plates from his car to his truck. Carmen, the card agent, can complete the transfer of registration form and issue a temporary registration card. If Jake wants to register a new vehicle, Carmen would not be able to provide that service. However, the advantage of becoming a card agent is that it is relatively simple to get started.
To become a card agent you will only need to meet the following requirements:
- Be a Commissioned Notary Public
- Pass a Criminal Background Check
- Post a $3,000 Surety Bond
The surety bond is issued on behalf of PennDOT and does NOT protect the you.
If you violate the terms of your agent service contract and cause financial harm to a citizen, PennDOT can use the bond to repay the citizen. You would then be required to repay the bond company. The average cost of a bond is between $100 – $300 dollars and remains active for three years. Card agents must also maintain a physical location and have a plan to secure temporary registration cards Card agent contracts are good for (3) three years.
CARD AGENT CONTRACT PACKET