How to Become a Real Estate Notary in Texas (6 Easy Steps)

A real estate notary plays a vital role in ensuring the legality and authenticity of real estate transactions. In Texas, notaries are essential for notarizing critical documents, such as property deeds and loan agreements.
This guide will walk you through six simple steps to become a real estate notary in Texas, from meeting the basic requirements to offering professional services.

What Is a Real Estate Notary?

A real estate notary is a commissioned notary public specializing in notarizing documents related to real estate transactions. They verify the identities of parties involved, witness the signing of documents, and ensure all paperwork is legally compliant and properly executed.
Real estate notaries play a crucial role in facilitating property closings, loan signings, and other real estate dealings.

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What Does a Notary Do in Real Estate?

A Texas real estate notary ensures critical documents in property transactions are signed correctly and legally. Their responsibilities include:

• Verify Identities: Confirm the identity of all signing parties using valid identification.
• Witness Signatures: Observe signers as they sign documents to ensure authenticity.
• Administer Oaths: Provide oaths or affirmations when legally required for certain documents.
• Check for Willingness: Ensure that signers are acting willingly and not under coercion or duress.
• Validate Documents: Review documents to confirm completeness before notarization.
• Apply Notary Seal: Use their official stamp and signature to finalize the notarization process.
• Prevent Fraud: Serve as an impartial witness to deter forgery and fraud.
• Handle Key Documents: Notarize deeds, mortgage agreements, affidavits, and other real estate documents.

By fulfilling these duties, a real estate notary protects the integrity of real estate transactions and ensures compliance with Texas laws.

Steps to Become a Notary for Real Estate in Texas

Becoming a real estate notary in Texas involves meeting legal requirements, obtaining essential certifications, and preparing for the specialized demands of the role. Follow these six steps to start your journey toward becoming a notary for real estate transactions.

Step 1: Meet Texas Eligibility Requirements

• Be at least 18 years old and a Texas resident.
• No felony convictions or crimes of moral turpitude.
• Maintain a lawful presence in the United States.

Step 2: Get a Notary Bond in Texas

• Purchase a $10,000 surety bond from a licensed provider like TMD Surety Bonds.
• Ensure the bond meets Texas Secretary of State requirements.
• Receive your bond certificate to include in your application.

Step 3: Apply for a Texas Notary Public Commission

• Complete the application form through the Texas Secretary of State.
• Submit your $10,000 notary bond along with the application.
• Pay the $21 state filing fee.
• Await approval and receive your notary commission certificate.

Step 4 Complete Notary Signing Agent Training

• Enroll in specialized training for handling real estate documents.
• Certification options to enhance credibility like the National Notary Association (NNA).

Step 5: Get Required Notary Supplies and Insurance

• Required supplies in Texas:
  • Notary seal or stamp compliant with Texas state regulations.
  • Notary journal for recordkeeping.
  • $100,000 Errors and Omissions (E&O) insurance.

Step 6: Consider Remote Online Notarization (Optional)

• Texas allows remote online notarization (RON) for convenience.
• Steps to register:
  • Acquire a digital certificate and electronic seal.
  • Apply with the Texas Secretary of State and pay the $50 registration fee.
  • Learn how to use RON platforms like Notarize or DocuSign.

By following these steps, you’ll be well-prepared to serve as a notary for real estate transactions in Texas.

Real Estate Transactions Requiring Notarization in Texas

In Texas, many real estate transactions involve legally binding documents that must be notarized to ensure their authenticity and compliance with state laws. Below are some of the most common transactions requiring a notary’s expertise:

• Property Deeds: Facilitate ownership transfers through documents such as Warranty Deeds or Quitclaim Deeds.
• Deeds of Trust: Secure loans by placing property titles in trust until the borrower fully repays the loan.
• Mortgage Agreements: Establish terms between borrowers and lenders for financing property purchases.
• Affidavits of Heirship: Identify heirs and establish property ownership when the original owner passes away without a will.
• Power of Attorney Documents: Authorize individuals to act on behalf of others in real estate transactions.
• Mechanic’s Liens: Protect contractors or suppliers by securing unpaid construction work or materials with a property claim.
• Release of Lien: Remove liens from property records once the associated debt is satisfied.
• Lease Agreements (Long-Term): Formalize rental contracts for properties leased for over one year.

By handling these key documents, a real estate notary ensures legal compliance and helps protect all parties involved in property transactions.

Documents Notarized in Texas Real Estate Transactions

Real estate transactions in Texas involve several critical documents that require notarization to ensure their validity and legal standing. Here are some of the most commonly notarized documents:

List common documents, like:

• Deeds: Transfer property ownership from one party to another.
• Deeds of Trust: Secure a loan by transferring property title to a trustee as collateral.
• Mortgage Agreements: Outline terms between borrower and lender for property financing.
• Promissory Notes: Detail the borrower’s promise to repay a loan under specified conditions.
• Affidavits: Sworn statements verifying facts related to the property or transaction.
• Power of Attorney Documents: Authorize individuals to act on behalf of others in real estate matters.
• Loan Modification Agreements: Alter original loan terms between borrower and lender.
• Title Transfer Documents: Facilitate the legal transfer of property ownership.
• Closing Statements: Summarize the financial details of the transaction, including costs and disbursements.
• Lease Agreements: Define terms for renting property between landlord and tenant.

Each of these documents plays a vital role in the smooth execution of real estate transactions, and proper notarization ensures their legal enforceability in Texas.

Notary Public vs Notary Signing Agent

While both notaries public and notary signing agents play important roles in notarizing documents, their responsibilities and areas of expertise differ.
This section breaks down the key distinctions between the two roles to help you understand their unique functions, especially in real estate transactions.

By understanding these differences, you can decide whether to pursue a general notary role or specialize as a notary signing agent, depending on your career goals and interests.

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FAQs About Texas Real Estate Notaries

How Much Do Real Estate Notaries Make in Texas?

Real estate notaries in Texas can earn an average of $35,000 to $75,000 annually, depending on factors like experience, location, and the number of transactions they handle. Notary signing agents, who specialize in real estate closings, may earn additional income per appointment, ranging from $75 to $200 per signing.

Can a Regular Notary Notarize Real Estate Documents?

Yes, a regular notary can notarize real estate documents as long as they meet Texas state requirements and understand the specific legalities involved. However, notaries with specialized training as notary signing agents are better equipped to handle real estate loan documents, ensuring accuracy and professionalism in complex transactions.

Can a Real Estate Agent Be a Notary in Texas?

Yes, a real estate agent in Texas can also become a notary public. Many agents choose to add this skill to streamline transactions for their clients. However, it’s important to avoid conflicts of interest, such as notarizing documents for transactions in which they have a financial stake.