Notary Public
INDEPENDENT CONTRACTOR STATUS REQUIRES A NOTARY PUBLIC COMMISSION
TITLE INSURANCE PRODUCER INDEPENDENT CONTRACTOR (TIPIC)
A Title Insurance Producer Independent Contractor (TIPIC) must also be commissioned as a Notary Public in Maryland in order to render services independently which may result in the issuance of a title insurance contract. Also, a Notary Public must meet the title licensing requirement in order to perform official duties at real estate closings or settlements. To better explain this procedure, see below.
Taken from (March 2017 Maryland Notary Public Handbook)
18. May a notary perform official duties at real estate closings or settlements? A notary may not render services which may result in the issuance of a title insurance contract; such services may only be performed by a licensed title insurance producer, as defined in Insurance Article, §10-101(i), Annotated Code of Maryland. According to the Maryland Insurance Administration, “a notary who merely attends a real estate closing or settlement that is conducted by another person or entity and who merely witnesses signatures in consideration of the statutory fees that a notary is permitted to charge does not, in the view of the MIA, fall within the scope of §10-101(i) and is not required to secure a title producer’s license in order to perform such services. However, if the notary is the only individual other than the buyer who is present at the closing and the notary is presenting documents for signature which may result in the issuance of title insurance, collecting escrow funds, or otherwise performing any duty other than the witnessing of a signature, the notary must also be licensed as a title insurance producer. Bulletin from MIA to Title Insurers, Property & Casualty 03-18, December 1, 2003.
In layman terms, a Notary Public can assist in the loan closing process provided someone else such as an Attorney or licensed Title Producer is conducting the closing. The Notary Public would simply handle documents that require notarization. On the other hand, if the Notary Public is the only person at the closing table and conducting the loan closing with the borrower/s, then the Notary Public must also be “licensed” as a Title Insurance Producer Independent Contractor.
HOW TO OBTAIN A NOTARY PUBLIC COMMISSION
A notary public commission can be obtained online at the Maryland Office of the Secretary of State website. You must complete the application online and submit with the required fees. To apply for a notary commission, click here.
NOTARY PUBLIC TRAINING
As sworn public officials, Notaries Public serve an important role in the prevention of fraud and protection of the parties involved by acting as an official, unbiased witness for certain documents. Because of Notaries Public important role in the mortgage closing process, aspiring TIPICs should understand their duties and responsibilities and properly perform notarization on mortgage documents.
To learn how to notarize properly, enroll in notary public procedures courses held at at Prince George’s Community College. To view/print/register PGCC notary schedule of classes, click on DOWNLOAD below.