Not all of our mortgages close at title companies. Our Loan Officers often meet with customers later in the day after the customer gets home from work, or on the week-end. When they meet customers in these types of situations, the Loan Officer acts as the Notary.

Just wondering how others will handle this type of situation. Take 2 employees to the closing, 1 to explain the mortgage, another to notarize it?

Illinois Senate Bill 2664 – Change in Requirements for Notaries
One of the several notable changes includes:
• Prohibits a Notary from explaining, certifying, or verifying the contents of any document; however, this prohibition shall not prohibit an attorney, who is also a Notary, from performing notarial acts for any document prepared by that attorney.

Take 2 employees to the closing, 1 to explain the mortgage,

That would be the authorized practice of law in many States. The only person that should be explaining documents to the borrower would be the borrower's attorney.

Do you think the intent was to keep Notaries from reaching into areas where they have no expertise, or is it to keep Loan Officers from notarizing a loan document? If I'm a Loan Officer explaining the documents to the borrower in front of me, I'm an MLO who happens to have registered to be a notary.

I know Gertie's question didn't mention mortgages, but it's where the mind goes first. And to all the small bank closings where there's no attorney present.

If you are acting as a notary, you are acting as a officer of the State and you are not allowed to explain documents. If you are not acting as a notary - see my previous post.