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Home General News Title Insurance Industry Articles Document Execution Guidelines
Document Execution Guidelines PDF Print E-mail
Written by By: Fidelity National Title Group   

Subject to requirements and limitations of applicable State and Local Law, our direct operations must adhere to one of the following procedures for all documents upon which a Company title product is based in all transactions other than the listed exceptions:

 
1. All document signings must be conducted in the presence of an authorized employee of the Company or title policy issuing agent (collectively “Company representative") regardless of who performs the actual notarization. The Company Representative must require the production of proper identification and personally examine it to verify the identity of the executing parties. Even if the notary is not an employee of the Company or the title policy issuing agent, it is the responsibility of the Company Representative to insure that the notary follows industry standards in conducting the signing; or
 
2. The document signings must be conducted through Bancserv, a brand neutral FNF company which is covered by a $15 million E&O policy that extends to all of the notaries that it retains. (Information on Bancserv can be obtained from its website at www.bancserv.net or 800-721-5558; your favorite notary may sign up with Bancserv and continue to work with you.); or
 
3. The document signings must be conducted by a notary or signing service that maintains E&O insurance of $100,000 or higher and is approved in writing by a Company Regional Manager. (E&O coverage is available for inexpensive premiums through the National Association of Notaries, www.nationalnotary.org.); or
 
4. The document signings must be conducted under the supervision of attorneys actively licensed in the state where the document signings take place; or
 
5. The document signings must be conducted in accordance with a procedure approved in writing by a Company Regional Manager (this option allows for local custom and practice to be followed).
 
Exempt Transactions
1. Documents executed in accordance with existing guidelines for foreign individuals and entities and military personnel.
2. Documents executed directly with the insured lender (not the mortgage broker).
3. Documents provided by independent escrows or closing services approved by the Company Regional Manager or their designee.
4. Documents executed for commercial transactions in an amount of three million or greater ($3,000,000).
 

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