Which Loan Documents Need to be Notarized?

In a mortgage loan transaction, several documents may require notarization to ensure their legality and authenticity. The specific documents that need to be notarized can vary depending on factors such as the type of loan, jurisdiction, lender requirements, and local regulations. Here are some common loan documents that often require notarization:

1. Deed of Trust (or Mortgage): This document secures the loan by giving the lender a security interest in the property. It is typically notarized to ensure its validity and enforceability.

2. Promissory Note: The promissory note outlines the borrower’s promise to repay the loan, including the terms and conditions. Notarization may be required to validate the borrower’s signature.

3. Affidavit of Occupancy: Some lenders require borrowers to sign an affidavit confirming their intent to use the property as their primary residence. Notarization can add a layer of verification.

4. Truth in Lending Act (TILA) Disclosure: This document provides borrowers with important information about the loan’s terms and costs. Notarization requirements can vary.

5. Loan Estimate and Closing Disclosure: These documents detail the loan terms, costs, and payments. Notarization might be needed for additional authentication.

6. Compliance Agreement: Certain lenders may require borrowers to sign a compliance agreement confirming their understanding of and agreement to comply with specific loan terms.

7. HUD-1 Settlement Statement (or Closing Disclosure): These documents outline the costs and fees associated with the loan and closing process. Some versions of these documents may require notarization.

8. Power of Attorney (if applicable): If a borrower is using a power of attorney to sign loan documents on their behalf, the power of attorney document might need to be notarized.

9. Certificate of Satisfaction: After the loan is repaid, a certificate of satisfaction may require notarization to release the lender’s lien on the property.

10. Transfer of Ownership Documents: In some cases, documents related to the transfer of ownership may need to be notarized.

It’s important to note that notarization requirements can vary by jurisdiction and lender. When working as a notary signing agent, carefully review the lender’s instructions for each loan package to determine which specific documents require notarization. Always follow legal requirements and lender guidelines to ensure the accuracy and integrity of the notarization process.