Professional Mobile Notary & Signing, LLC

I’m often asked, “What is the difference between an escrow state and an attorney state as it relates to notary loan signing agents?”

As a mentor to over 10,000 notary public business owners in every state across the United States, I have seen signing agents build successful businesses in both escrow states and attorney states.

The most common questions I hear are:

  • What’s the difference an escrow state and an attorney state?
  • Is it possible to be successful in an escrow state?
  • Is it possible to be a successful notary signing agent in an attorney state?

But before I can answer any of those questions, let’s first define the difference between an escrow state and attorney state (also known as a ‘no-escrow’ state). 

 

Definition of an Escrow State

Put simply, in an escrow state (sometimes known as a non-attorney state), an escrow company directs the closing of a real estate transaction. Whether it be between a buyer and seller or a lender and borrower, the escrow company is the neutral third party playing quarterback to the transaction.
One of the many duties of the escrow company in a real estate transaction is choosing where to outsource various components of the closing process — including selecting and hiring the notary public loan signing agent that performs the loan document signing appointment.

 

Definition of an Attorney State

In an attorney state, an attorney takes the place of the escrow company. It is an attorney who facilitates the closing process and either acts as the third neutral party or represents the buyer or seller. However, the main difference between the attorney and the escrow company is that a large portion of the closing process is handled in-house.

So what does that mean for notary loan signing agents?…

 

Are Notary Public Signing Agents Used in Escrow States?

If you are wondering if notary loan signing agents are used in escrow states, the answer is a resounding yes!!

In escrow states, a neutral third-party notary public loan signing agent is hired for real estate transactions and mortgage closings. 
But before I explain, be sure to check your state’s laws regarding the loan signing process before you accept and perform a loan signing. There are numerous rules in place that are monitored by each state’s respective Secretary of State and State Bar (the State Bar is a professional body of lawyers) to uphold the integrity and legality of loan signings across the nation. And as always, this blog should not be construed as legal advice. 
Real estate transactions are handled by escrow or title companies in escrow states.

To find a list of escrow offices near you, simply search “escrow offices near me” in your search browser.

And to get business from an escrow office, you simply need to know what to say to the escrow officer when you visit or call. I have created a word-for-word script to get escrow business which is located in the Loan Signing System Training Course and Certification

 

Are Notary Public Signing Agents Used in Attorney States?

If you are wondering if notary loan signing agents are used in attorney states, the answer is yes!! However, it’s not as cut and dry as in escrow states.

In attorney states, attorneys handle the loan document signing process in-house. Because of this, notary loan signings may not be as prevalent in attorney states as they are in escrow states. 

However, there are several cases where third party loan signing agents are used in attorney states. 

Now, onto scenarios in which a notary loan signing agent can be used for a loan signing appointment in an attorney state. 

 

“Out of State” Loan Signings

Notary public loan signing agents that reside in attorney states, generally speaking, are used for loan signing jobs if the property is located in an escrow state.

For instance, if you are a loan signing agent in New York (an attorney state) it’s possible to be called upon to notarize a set of loan documents for a property located in California (an escrow state) if the borrower resides in or is visiting New York. 

This is why signing up with as many signing agent databases is helpful for getting loan signing appointments in attorney estates. I recommend creating profiles in databases such as Notary Resume, Snapdocs, Notary Dash, 123notary, Notary Cafe, and Notary Rotary to get signings such as this example. 

 

“Attorney-Present” Attorney States

There are also some states where an attorney simply needs to be present while the signing agent completes the notarization, giving signing agents another route to landing appointments in attorney states.

Again, always check with your state to see which particular rules apply where you live. 
Here’s a resource from the National Notary Association (NNA) on the specifics from state to state

 

Not All Attorney States Are the Same

Generally speaking, the volume of loan signings performed by a notary loan signing agent is usually higher in escrow states than in attorney states. But that’s not always the case.
In any given escrow state, there could be tens or even hundreds of thousands of loans that need to be closed (and documents signed) every year — and you only need 13 of those loan signing appointments a week at $150 each to be a six figure signing agent. 

In fact, I have a countless number of Loan Signing System students that have taken my course and coaching that have built successful, lucrative notary signing agent businesses in attorney states!

See my “On the Road” Interview with a notary signing agent succeeding in an attorney state!

What is an Attorney State versus Escrow State? Can a Notary Loan Signing Agent Be Successful in an Attorney State?
4/21/2025

 

By Mark Wills – NNA Influencer of the Year and Loan Signing System Signing Agent Certification Educator
Table of Contents:
Definition of an Escrow State
Definition of an Attorney State
Are Notary Signing Agents Used in Escrow States?
Are Notary Signing Agents Used in Attorney States?
“Out of State” Loan Signings

“Attorney-Present” Attorney States
Not All Attorney States Are the Same
Are You In An Attorney State or Escrow State?
Conclusion
Next Steps

I’m often asked, “What is the difference between an escrow state and an attorney state as it relates to notary loan signing agents?”
As a mentor to over 10,000 notary public business owners in every state across the United States, I have seen signing agents build successful businesses in both escrow states and attorney states.

The most common questions I hear are:
What’s the difference an escrow state and an attorney state?
Is it possible to be successful in an escrow state?
Is it possible to be a successful notary signing agent in an attorney state?

But before I can answer any of those questions, let’s first define the difference between an escrow state and attorney state (also known as a ‘no-escrow’ state). 

Definition of an Escrow State
Put simply, in an escrow state (sometimes known as a non-attorney state), an escrow company directs the closing of a real estate transaction. Whether it be between a buyer and seller or a lender and borrower, the escrow company is the neutral third party playing quarterback to the transaction.
One of the many duties of the escrow company in a real estate transaction is choosing where to outsource various components of the closing process — including selecting and hiring the notary public loan signing agent that performs the loan document signing appointment.

Definition of an Attorney State
In an attorney state, an attorney takes the place of the escrow company. It is an attorney who facilitates the closing process and either acts as the third neutral party or represents the buyer or seller. However, the main difference between the attorney and the escrow company is that a large portion of the closing process is handled in-house.

So what does that mean for notary loan signing agents?…

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Are Notary Public Signing Agents Used in Escrow States?
If you are wondering if notary loan signing agents are used in escrow states, the answer is a resounding yes!!

In escrow states, a neutral third-party notary public loan signing agent is hired for real estate transactions and mortgage closings. 
But before I explain, be sure to check your state’s laws regarding the loan signing process before you accept and perform a loan signing. There are numerous rules in place that are monitored by each state’s respective Secretary of State and State Bar (the State Bar is a professional body of lawyers) to uphold the integrity and legality of loan signings across the nation. And as always, this blog should not be construed as legal advice. 
Real estate transactions are handled by escrow or title companies in escrow states.

To find a list of escrow offices near you, simply search “escrow offices near me” in your search browser.

And to get business from an escrow office, you simply need to know what to say to the escrow officer when you visit or call. I have created a word-for-word script to get escrow business which is located in the Loan Signing System Training Course and Certification

Are Notary Public Signing Agents Used in Attorney States?
If you are wondering if notary loan signing agents are used in attorney states, the answer is yes!! However, it’s not as cut and dry as in escrow states.

In attorney states, attorneys handle the loan document signing process in-house. Because of this, notary loan signings may not be as prevalent in attorney states as they are in escrow states. 

However, there are several cases where third party loan signing agents are used in attorney states. 

Now, onto scenarios in which a notary loan signing agent can be used for a loan signing appointment in an attorney state. 

“Out of State” Loan Signings
Notary public loan signing agents that reside in attorney states, generally speaking, are used for loan signing jobs if the property is located in an escrow state.

For instance, if you are a loan signing agent in New York (an attorney state) it’s possible to be called upon to notarize a set of loan documents for a property located in California (an escrow state) if the borrower resides in or is visiting New York. 

This is why signing up with as many signing agent databases is helpful for getting loan signing appointments in attorney estates. I recommend creating profiles in databases such as Notary Resume, Snapdocs, Notary Dash, 123notary, Notary Cafe, and Notary Rotary to get signings such as this example. 

“Attorney-Present” Attorney States
There are also some states where an attorney simply needs to be present while the signing agent completes the notarization, giving signing agents another route to landing appointments in attorney states.

Again, always check with your state to see which particular rules apply where you live. Here’s a resource from the National Notary Association (NNA) on the specifics from state to state

 

Not All Attorney States Are the Same

Generally speaking, the volume of loan signings performed by a notary loan signing agent is usually higher in escrow states than in attorney states. But that’s not always the case.

In any given escrow state, there could be tens or even hundreds of thousands of loans that need to be closed (and documents signed) every year — and you only need 13 of those loan signing appointments a week at $150 each to be a six figure signing agent. 

In fact, I have a countless number of Loan Signing System students that have taken my course and coaching that have built successful, lucrative notary signing agent businesses in attorney states!

See my “On the Road” Interview with a notary signing agent succeeding in an attorney state!