Real Estate Closings: Do You Need a Notary?

When is a notary required at a real estate closing? What do they do, and what's the difference between a notary and a closing attorney?

Why Notaries Are Involved in Real Estate Closings

Real estate transactions involve numerous legally binding documents - deeds, mortgage notes, deeds of trust, and settlement statements - that require authenticated signatures. A notary public (or notary signing agent) ensures that all parties have properly executed these documents and verifies their identities.

Is a Notary Required at Closing?

In virtually all U.S. real estate transactions involving a mortgage, notarization of key documents is required. The deed of trust or mortgage must be notarized before it can be recorded with the county recorder's office. Without proper notarization, the transaction may not be legally valid.

Notary Signing Agent vs. Closing Attorney

Different states use different closing professionals:

Feature	Notary Signing Agent	Closing Attorney
Legal advice	Cannot provide legal advice	Can provide legal advice
Document preparation	Does not prepare documents	Prepares and reviews documents
Title examination	No	Often yes
Cost	$75-$200	$500-$1,500+
Required in	Most states	14+ "attorney states"

Attorney-Only Closing States

In these states, an attorney must be present at or conduct the closing:

• Georgia, South Carolina, North Carolina
• Massachusetts, Connecticut, Vermont, Maine, New Hampshire, Rhode Island
• New York (in practice)
• West Virginia, Alabama, Delaware, Hawaii

In all other states, a notary signing agent can handle the closing without an attorney present.

What Documents Are Notarized at Closing?

• Deed of Trust / Mortgage: The security instrument that gives the lender a claim on your property
• Promissory Note: Your promise to repay the loan (usually not notarized but signed)
• Warranty Deed or Grant Deed: Transfers ownership to the buyer
• Affidavits: Occupancy affidavit, title affidavit, etc.
• Name affinity affidavit: If your name appears differently on various documents

How to Prepare for Your Real Estate Closing

1. Bring two forms of valid ID (driver's license + secondary ID)
2. Arrive on time - closing packages can be 100-200+ pages
3. Review the Closing Disclosure before the appointment
4. Ask questions about any document before signing
5. Do not sign any document with blank spaces
6. Keep copies of everything you sign