Signing Agent Roles, Responsibilities and Ethics
What the role is - and is not
A signing agent is an independent contractor hired by a title company, escrow officer, or signing service to present a loan package, verify identity, witness signatures, and return the documents promptly. The agent is not a party to the transaction and is not the borrower's representative. The single most tested boundary: do not give legal, financial, or tax advice, and do not explain or interpret the terms of the documents. You may say what a document is and where to sign; you may not say whether the borrower should sign or what a rate, APR, or prepayment penalty means for them. Refer those questions to the lender or an attorney.
Duties on the job
Print and review the package in advance, confirm the appointment and location, arrive on time and appropriately dressed, verify each signer's identity, make sure every required signature and initial is obtained, and never leave blanks that should be filled or fill them yourself. Use the ink color the hiring party specifies. Keep Personal Information confidential, do not photograph or share documents, and return or ship the package the same day when instructed. Report problems immediately rather than improvising.
Ethics traps
Question writers test conflicts of interest and pressure: accepting a fee from the borrower, discussing the loan with a realtor to steer business, backdating a notarization to match an old certificate, or letting a borrower sign for a spouse. Each is wrong. Common ethical soft spots include accepting gifts, referring borrowers to service providers for a fee, and 'helpfully' explaining what the rescission period means.
Rule of thumb: if the question asks you to explain, advise, or choose, the answer is to refer.