Posted by PAW/FL on May 13, 2009, 11:12 am This post is strictly the opinion of the author
24.26.7.45
A recent decision in the US District Court in Massachusetts in a case against NREIS brought on by REBA (Real Estate Bar Association) may start the undoing of the "attorney only" requirement for "witness closings" done by Notary Signing Agents.
District Court Decision in REBA v. NREIS
Source: JD Supra: Legal Documents - District Court Decision in REBA v. NREIS | Decision
Contributor: Doug Cornelius
SUMMARY: Plaintiff claims that real estate conveyancing and the issuance of title insurance constitute the practice of law in Massachusetts and that Defendants, nonlawyers who conduct such services, have engaged in the unauthorized practice of law. Plaintiff also claims that Defendants have engaged in the unauthorized practice of law by conducting so-called “notary closings.” Defendants counterclaim that Plaintiff’s interpretation of what constitutes the practice of law under the Massachusetts unauthorized practice of law statutes violates the Dormant Commerce Clause of the U.S. Constitution.
"Because REBA’s definition of the practice of law would substantially affect interstate commerce, it is sustainable only if “it promotes a legitimate state interest that cannot be achieved through any reasonable nondiscriminatory alternative.”REBA has not made such a showing. REBA is correct that “the States’ interest in regulating the practice of law is ‘substantial’ and ‘compelling.’”But, as Massachusetts law implies and as REBA concedes, not every interconnected step of a real estate conveyance, by itself, constitutes the practice of law. REBA’s legitimate state interest “not in the protection of the bar from competition, but in the protection ofthe public from being advised and represented in legal matters by incompetent and unreliable persons,” therefore, would only apply to activities that actually qualify as the practice of law."
Click here to view actual court document.
and may not reflect the opinion of the management nor of any other user of this forum.
Visit my website
Email me 
I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.
Message Thread:
« Back to thread