24/07/2026
Performing loan signings on Delaware properties? Read this before you take your next assignment.
When mobile notaries and loan signing agents expand their business, it's easy to assume that any state permits independent signing services as long as a notary seal is required.
However, if a transaction involves a property located in Delaware, that assumption can lead straight to severe legal consequences. Delaware real estate attorneys are required to be commissioned notary's public. There's a valid reason why...
Delaware is strictly an Attorney State.
In my latest article, I break down why non-attorney notaries are prohibited from independently conducting real estate settlements in Delaware unless working under the direct, active supervision of a Delaware-licensed attorney.
In Mid-Atlantic Settlement Services, the Delaware Supreme Court ruled that real estate closings, title reviews, and document explanations constitute the practice of law. For notaries, that's the Unauthorized Practice of Law (UPL).
Independent mobile notaries cannot simply "watch signatures" and conduct appointments on Delaware real estate packages. It is not allowed.
Under 29 Del. C. § 4336(d), non-attorney notaries face strict penalties for representing themselves as capable of assisting with legal conveyances.
Whether you're an independent notary, a signing agency, or an out-of-state title company, understanding jurisdictional boundaries is essential to protecting public trust.
Understanding Delaware's "Attorney-State" Status and How Non-Attorney Signing Agents Can Stay Compliant When loan signing agents expand their notary business, many assume that any state permits independent signing services as long as a notary stamp is required. However, if you are handling transacti