MLO need be present?

Posted By: Susan

MLO need be present? - 03/31/22 06:46 PM

We have an MLO who has been working on a HELOC with a couple in a different community. Our bank has a branch in that community, but no MLO onsite. The question has come up - is it alright to send the documents via eSign to the customer for remote signatures and have the mortgage (only) printed to the branch in that community to be signed in front of a non-MLO notary. (Mortgages in our state cannot be electronically signed.)

So, basically, can we have a non-MLO notary meet with the customer for the mortgage signing?

Posted By: rlcarey

Re: MLO need be present? - 03/31/22 07:36 PM

Being a MLO and who can close a loan in your State are two totally different things usually. You would have to look toward State law for your answer. In most State all they have to do is sign a mortgage in front of a notary.