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Can You Be a Loan Signing Agent and a Real Estate Agent?
A question that often arises is: can you be a loan signing agent and a real estate agent at the same time?
This article sheds light on how practitioners in California can hold both roles, knowing when to draw the line, and how to navigate the legal and ethical considerations of their functions.
Understanding the Two Roles
Before answering can you be a loan signing agent and a real estate agent, let’s define both clearly:
- A real estate agent is licensed by the California Department of Real Estate (DRE) to represent buyers or sellers in property transactions. They help with listings, showings, offers, and negotiations.
- A loan signing agent is a commissioned notary public who is trained to handle and notarize loan documents during real estate closings. Their role is not to explain or negotiate terms, but to ensure that documents are signed, dated, and notarized correctly.
For more information on California’s notary requirements, see the California Secretary of State’s Notary Public Resources.
Yes, You Can—With Boundaries
So, can you be a loan signing agent and a real estate agent in California?
Yes—but you must follow strict guidelines to avoid conflicts of interest and ensure legal compliance:
- You may not notarize any document in a transaction where you have a direct financial interest. That means you cannot notarize documents for real estate transactions in which you are the agent.
- The State of California defines a financial interest as anything that could result in a benefit for the notary, such as commissions or fees from the sale or closing.
- You must keep your roles clearly separated. When acting as a notary, you’re a neutral third party—while as a real estate agent, you’re acting on behalf of your client.
Maintaining a clear distinction between the two roles is essential to operate ethically and within state law.
| Guideline | Explanation |
| No Notarizing Your Own Transactions | You may not notarize any document where you have a direct financial interest—including any deal you’re representing as a real estate agent. |
| Definition of Financial Interest | California law defines financial interest as any potential gain, such as a commission, referral fee, or profit tied to the transaction. |
| Separation of Roles | A notary acts as an impartial public officer, while a real estate agent acts as an advocate for a client. These roles must remain distinct. |
| Transparency and Ethics | Disclose your role clearly, avoid dual service in a single transaction, and when in doubt, refer the notarization to a third party. |
Failing to maintain these boundaries could result in rejected documents, legal penalties, or disciplinary action against your notary or real estate license. Understanding and respecting these rules is key to balancing both professions successfully.
Benefits of Holding Both Roles in California
For those who manage both roles properly, the dual-license approach offers several advantages:
1. Diversified Business Model
California’s real estate market can be unpredictable. Being able to offer signing services—outside of your own transactions—creates a steady stream of supplemental income.
2. Increased Visibility and Networking
Serving as a notary for unrelated transactions allows you to build rapport with lenders, escrow officers, title companies, and potential new clients.
3. Convenience for Your Clients
If a client needs unrelated documents notarized—such as estate forms, travel authorizations, or small business paperwork—you can offer that service professionally and compliantly.
Risks and Limitations
Even though you can be a loan signing agent and a real estate agent, there are some important considerations:
- Time management can be challenging, especially during peak seasons for closings or property showings.
- Marketing clarity is essential. Don’t advertise yourself as a notary for real estate closings you represent. Instead, highlight your availability for unrelated loan signings and general notary work.
- Legal boundaries must be respected. Always disclose your role to clients, avoid dual service in a single transaction, and maintain proper logs as required by California law.
Conclusion
So, can you be a loan signing agent and a real estate agent? In California, yes—with proper licensure, training, and clear ethical boundaries. Holding both roles can give you flexibility and broaden your reach, but it also requires discipline and transparency.
When in doubt, or when your role as a notary could pose a conflict of interest, it’s always best to refer the signing to a neutral party—like AR Morgan Notary.
Frequently Asked Questions
Can I notarize documents for a home I’m helping a client buy or sell?
No. California law prohibits a notary from notarizing any documents in which they have a direct financial interest, including real estate transactions they are representing.
Do I need separate training or certification?
Yes. In California, you must complete a notary public education course, pass a state exam, and receive your commission. Loan signing agents typically undergo additional training through a certification provider such as the National Notary Association.
Can I offer both services in the same business?
Yes, but you must separate your services appropriately and clearly define your role in each engagement.
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