Steps To Become a Loan Signing Agent in Massachusetts

Overview Of The Loan Signing Agent Role In Massachusetts

In Massachusetts, “Loan Signing Agent” is not a separate state license or statutory office. Instead, it is a professional niche built on top of a standard Massachusetts Notary Public commission. You must first qualify as a notary, then complete loan-signing training and business practices that meet industry expectations.

Massachusetts is an attorney closing state, so a licensed Massachusetts attorney must conduct or meaningfully oversee real estate closings. Loan Signing Agents can still play an important support role, but they must stay within notarial authority and never cross into the practice of law.

What Does A Loan Signing Agent Do In Massachusetts?

• Facilitate the signing of loan document packages
• Verify identity and complete notarial certificates accurately
• Ensure all signatures, initials, and dates are correctly placed
• Return executed documents promptly to the hiring company

What Can A Loan Signing Agent Not Do In Massachusetts?

• Conduct or supervise a real estate closing without attorney involvement
• Explain legal terms, rights, remedies, or document implications
• Choose legal documents or notarial certificate wording for the signer
• Give legal, tax, or financial advice

Massachusetts Legal Requirements To Become A Notary Public

Anyone who wants to work as a Loan Signing Agent in Massachusetts must first become a commissioned Massachusetts Notary Public. The notary commission is the only state credential that exists for this work.

Massachusetts uses a structured application process that includes references and gubernatorial appointment. There is no state licensing exam and no mandatory classroom training, but the application itself is detailed and must be completed carefully.

Basic Eligibility Requirements (Law)

• You must be at least 18 years old
• You must reside in Massachusetts or have a regular place of work in the state
• You must be able to read and write English
• You must be of good moral character and disclose any criminal history

Application Steps Required By Massachusetts (Law)

• Complete the official Massachusetts Notary Public Application form
• Obtain signatures from four character references, including at least one Massachusetts attorney in good standing who resides in the state 
• Secure the required endorsement from a state legislator or a member of the Governor’s Council, as instructed on the current application form 
• Have your own signature on the application notarized by an existing Massachusetts notary
• Mail the completed application packet to the Notary Public Office at the State House
• After approval by the Governor and Governor’s Council, pay the $60 commission fee to the Secretary of the Commonwealth and take your oath of office within the time limit 

State Requirements For Training, Exams, Bonds, And Background Checks

Massachusetts statute does not require a notary exam for appointment. There is also no statewide requirement for a notary bond, no mandatory continuing education, and no separate state background check for commissioning as a notary. The main vetting mechanisms are the application disclosures, the references, and the review by the Governor’s office and the Governor’s Council. 

However, the loan signing industry has its own expectations. Title companies, lenders, and signing services often expect training, a national background screening, and Errors and Omissions insurance, even though these are not required by Massachusetts law.

Notary Public Association offers Massachusetts oriented notary education and loan signing courses, along with insurance and supplies that align with these expectations.

Required By Massachusetts Law

• No state notary exam requirement
• No mandatory notary education course for traditional in-person notarizations
• No statutory surety bond requirement for notaries
• No separate state background check, beyond what is considered in the application
• The oath of office must be taken before an authorized official
• A notarial seal that meets state content rules is required when performing notarial acts under Executive Order 455 and Chapter 222 

Required Or Expected By The Loan Signing Industry (Best Practice)

• Completion of a structured loan signing training program
• Annual or periodic background screenings that meet mortgage industry standards
• Purchase of Errors and Omissions insurance to protect against mistakes
• Consistent use of a detailed notary journal for every notarization, even though Massachusetts does not mandate journals by statute

Remote Online Notarization In Massachusetts

Massachusetts enacted Chapter 2 of the Acts of 2023, which authorizes notaries physically located in the Commonwealth to perform remote online notarizations for remotely located individuals, subject to specific identity proofing, audiovisual recording, and technology standards. The new provisions became effective January 1, 2024, and are codified in M.G.L. c. 222, section 28. 

At the same time, the Secretary of the Commonwealth has stated that notaries must first complete the required RON training and submit an online notification form before performing remote notarizations. As of the latest guidance on the Secretary’s site, the training and notification form are not yet available, and notaries are instructed not to perform RON until those tools go live.

Key Legal Features Of Massachusetts RON

• The notary must be physically located in Massachusetts during the remote act
• The notary must use approved communication technology and identity proofing methods
• The act must be completed in a single, real-time audiovisual session
• The notary or a third party must retain an audiovisual recording of the act and keep electronic records for the required retention period
• Certain documents, such as wills and some electoral documents, are excluded, and special rules apply to residential real estate closings using communication technology 

Attorney Only And Real Estate Closing Rules In Massachusetts

Massachusetts requires licensed attorneys to be directly involved in real estate closings. Courts and bar guidance treat many closing related tasks as the practice of law. For residential real estate transactions involving a mortgage or transfer of title, the closing must be managed and directed by a Massachusetts attorney. 

These attorney rules apply whether the closing is conducted in person or, when fully implemented, through approved remote online notarization. For remote closings involving residential property, only an attorney, notary, or a non-attorney under the direct supervision or direct request of the attorney managing the closing may perform notarial acts with communication technology.

What Loan Signing Agents May Do Around Massachusetts Closings

• Act as a notary and witness for loan documents when hired by an attorney, title company or signing service
• Assist with the signing of seller packages and certain buyer documents as directed by the closing attorney
• Perform notarizations for non real estate loans and general notarizations that do not implicate closing law
• Support remote notarizations in the future, once RON training and registration are active and an attorney is directing the transaction

What Loan Signing Agents May Not Do In Massachusetts

• Independently conduct or manage a real estate closing
• Explain legal provisions, closing documents or borrowers’ legal rights
• Negotiate loan terms or fees
• Choose which legal documents or notarial certificates should be used

Professional Steps To Become A Loan Signing Agent In Massachusetts

Once you are commissioned as a Massachusetts Notary Public, you build your Loan Signing Agent role through professional training, insurance and business practices. These steps are not mandated by state law, but they are critical to being hired and trusted in the mortgage and title industry.

Notary Public Association provides loan signing courses, Massachusetts oriented notary education, E&O coverage and notary supplies that support these professional steps.

Training, Insurance And Business Setup (Best Practice)

• Complete a comprehensive Loan Signing Agent course that covers loan packages, closing disclosures, settlement statements, rescission periods and shipping procedures
• Purchase Errors and Omissions insurance with coverage limits appropriate for mortgage work, often 25,000 dollars to 100,000 dollars or more
• Undergo a national background check that aligns with lender and title company standards
• Maintain a bound or electronic notary journal that records every notarization in detail
• Decide on a business structure such as a sole proprietorship or limited liability company, and consider obtaining an Employer Identification Number from the IRS
• Open a dedicated business bank account for your notary and loan signing payments
• Register profiles on major signing platforms and reach out to real estate attorneys and local title companies

State Specific Cautions, Legal Limitations And UPL Boundaries

Massachusetts has detailed standards of conduct for notaries under Chapter 222 and Executive Order 455. These rules, combined with attorney closing requirements, create specific boundaries that Loan Signing Agents must respect.

Understanding these limits protects your commission and prevents accusations of unauthorized practice of law, which can carry serious consequences.

Key Massachusetts Legal And Ethical Cautions

• Do not perform a notarial act if the principal is not present in person, unless and until you are properly registered and trained for RON under Massachusetts law
• Do not notarize if you doubt the signer’s understanding, identity or willingness
• Do not notarize documents in which you have a prohibited financial interest
• Do not refuse notarization solely based on protected characteristics such as race, age, gender, disability or non customer status
• Do not draft legal documents, explain legal language or provide legal opinions to signers
• Always remember that, for residential real estate closings, a Massachusetts attorney must manage the closing, and you are functioning in a supporting notarial role

Step-by-Step Roadmap To Becoming A Loan Signing Agent In Massachusetts

Here is a Massachusetts focused roadmap that integrates the legal steps and the professional best practices.

1. Confirm that you meet the Massachusetts eligibility requirements for notaries, including residency or place of work, age and good moral character.
2. Download and complete the Massachusetts Notary Public Application form from the Secretary of the Commonwealth.
3. Obtain four qualified character references, including at least one Massachusetts attorney in good standing, and secure the required legislator or Governor’s Council endorsement.
4. Have your signature on the application notarized by a current Massachusetts notary and mail the full application package as instructed.
5. After approval by the Governor and Governor’s Council, follow the Secretary’s instructions to take your oath of office and pay the 60 dollar commission fee.
6. Purchase a Massachusetts compliant notary seal and obtain a notary journal and loose certificates from a reputable supplier such as Notary Public Association.
7. Carefully read Chapter 222 of the Massachusetts General Laws and Executive Order 455 so you understand your notarial duties and limitations. 
8. Enroll in a Loan Signing Agent training course that covers loan packages, closing flow and error prevention.
9. Purchase Errors and Omissions insurance and complete a national background screening that meets mortgage industry requirements.
10. Learn the attorney closing rules specific to Massachusetts so you know when an attorney must be directly involved and what you can and cannot do in a closing environment.
    Decide on your business structure, set up an EIN if necessary and open a separate business bank account.
11. Create professional profiles on signing service platforms and introduce yourself to local real estate attorneys, title companies and lenders as a trained Massachusetts Loan Signing Agent.
12. Stay current with changes to RON implementation, notary law updates and industry standards, and refresh your education through Notary Public Association courses.

FAQs

Does Massachusetts have a separate Loan Signing Agent license?

No. Massachusetts only commissions Notary Publics. Loan Signing Agent is a professional specialization built on top of a notary commission, supported by training and industry practice rather than a separate state license, but a Loan Signing agent certificate can be valuable to potential employers.

Do I have to take a state exam to become a Massachusetts notary?

No. Massachusetts does not require a state notary exam for commissioning. The state relies on the application process, references and review by the Governor’s Council instead. 

Can a Loan Signing Agent independently conduct a residential mortgage closing in Massachusetts?

No. A licensed Massachusetts attorney must manage or direct the closing. A Loan Signing Agent who is not an attorney may only act within the notarial role and must not conduct the closing or provide legal services. 

Is Remote Online Notarization currently usable for loan signings in Massachusetts?

RON is authorized in statute, but notaries must complete required training and submit an online notification form before performing remote notarizations. The Secretary’s office has instructed notaries not to use remote platforms until the training and notification process is fully implemented, so you must follow the current guidance when deciding whether RON is available. 

Does Massachusetts require a notary journal?

Massachusetts law does not explicitly require notaries to keep a journal for all acts. However, many sections of the standards of conduct contemplate good recordkeeping, and the loan signing industry strongly prefers and often requires detailed journals, especially for real estate related work.

Do I need Errors And Omissions insurance to be a Loan Signing Agent in Massachusetts?

The state does not mandate E&O insurance, but many signing services and title companies will not hire you without it. E&O insurance is considered a core best practice for anyone handling loan signings, and it can be obtained through providers such as Notary Public Association.

Can I explain loan documents to borrowers during a signing?

No. Explaining the meaning of loan documents, advising on whether to sign or interpreting legal effect is considered legal advice and may constitute unauthorized practice of law in Massachusetts. Direct all legal questions back to the attorney, lender or closing professional.

Disclaimer

This article is provided for educational and informational purposes only and is based on publicly available Massachusetts statutes, regulations and guidance at the time of writing. It is not legal advice, does not create an attorney client relationship and should not be relied upon as a substitute for consulting the Massachusetts Secretary of the Commonwealth, the official notary application materials or a licensed Massachusetts attorney for specific legal questions.