1. Mortgage (Security Instrument) Purpose: Legally pledges the property as collateral for the loan. Notarization Required? Yes, in all states. The borrower(s) must sign in the presence of a notary. Often called a Deed of Trust (in title theory states) or Mortgage Deed (in lien theory states). 2. Promissory Note (Loan Agreement) Purpose: The borrower’s legally binding promise to repay the loan. Notarization Required? Sometimes, depending on state law. Lenders often require notarization to prevent disputes over signatures. 3. Deed (Warranty Deed, Quitclaim Deed, etc.) Purpose: Transfers property ownership from seller to buyer (or between parties). Notarization Required? Yes, in nearly all states. Ensures the grantor’s identity is verified and prevents fraudulent transfers. 4. Closing Disclosure (CD) & Loan Estimate (LE) Purpose: Outlines final loan terms and costs (Truth in Lending Act requirement). Notarization Required? No, but borrowers must acknowledge receipt (sometimes via e-signature). 5. Affidavit of Title Purpose: Seller swears under oath that they legally own the property and there are no undisclosed liens, co-owners, or legal issues. Notarization Required? Yes, always. Protects the lender and buyer from title defects. 6. Power of Attorney (If Applicable) Purpose: Allows a third party (e.g., spouse, attorney) to sign mortgage documents on behalf of the borrower. Notarization Required? Yes, mandatory in all states to prevent fraud. 7. Riders (Loan-Specific Addendums) Purpose: Modifies standard mortgage terms (e.g., adjustable-rate, balloon payment clauses). Notarization Required? Sometimes, if they amend the mortgage deed. 8. Refinancing Documents Same as above, plus: Reaffirmation Agreement (if keeping the same lender). Subordination Agreement (if a second mortgage exists). Notarization Required? Yes, for any deed or mortgage-related document. Why Notarization Matters in Mortgages ✅ Prevents Fraud – Verifies the identity of signers. ✅ Ensures Enforceability – Courts may reject improperly notarized documents. ✅ Meets State & Lender Requirements – Most mortgages cannot be recorded without notarization.