Title Industry News

DO YOU NEED TO BE A LAYWER TO DRAFT A LOAN DOCUMENT?

The Wisconsin State Bar has asked the Wisconsin Supreme Court to create rules to protect consumers against unlicensed legal advice. Does this include drafting a mortgage or deed? Or what about filling in a couple blank fields in a mortgage satisfaction? The answer is:

The Wisconsin State Bar has asked the Wisconsin Supreme Court to create rules to protect consumers against unlicensed legal advice. Does this include drafting a mortgage or deed? Or what about filling in a couple blank fields in a mortgage satisfaction?  The answer is: I don’t know. But it might. And if the proposed rule is laid down by the Court, many participants in the real estate industry who handle these types of documents on a daily basis may be left to seek legal assistance to do what they’ve done on their own for years. How much will that cost? I don’t know that either. But I suppose it would be more costly than the current system where many lender documents are templates filled in by processors prior to the loan closing.  Is filling in a few blanks on a mortgage document practicing law? We’ll find out. This new initiative has caught the attention of the Wisconsin Bankers Association who has submitted a 30+ page brief to the Court opposing the proposed rule. They claim it is excessively broad, ambiguous and difficult to apply.   Furthermore, the Bankers say there is no evidence that the proposed rule would be in the best interest of the public. You may be wondering what the effect will be on homeowners seeking a new mortgage? I’m guessing that they may see an increase in closing costs if several of the lender’s loan documents must now be drafted by a lawyer, rather than a loan processor or loan closer who has filled in many of these blanks for years and years. You may be asking which other neighboring states have similar laws. According to the Bankers, only Minnesota has something like this. Go ahead and insert your own joke here. I’d love to hear your comments. 



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