Every so often, a claim makes the rounds on social media that sounds convenient, reassuring… and completely wrong.

One of the most persistent myths I see is this:

“Signing services have no liability. The notary is responsible for everything.”

That statement isn’t just inaccurate — it can mislead people into running a business unprotected, underinsured, and unprepared for real-world risk.

In my experience, signing services often carry more liability than the average notary, not less. Here’s why.

Why Signing Services Often Have Greater Exposure

1) We’re the hiring party — and that matters

When a signing service hires a notary or signing agent, we become the party responsible for delivering a successful appointment experience and a completed closing package.

That doesn’t mean we control every action a notary takes — but in many disputes, the hiring party is the first one called and the first one expected to fix the problem.

And here’s the reality of business: the party with the infrastructure, contracts, and insurance is often the party people come after first.

2) Many problems aren’t “notarial errors”

This is one of the biggest misunderstandings in our industry.

Not everything that goes wrong at a signing is a notarization mistake.

That’s why we use terms like signing agent — because the role often involves responsibilities that go beyond stamping and signing: appointment handling, professionalism in the home, document presentation, timeliness, packaging, drop-off procedures, and general borrower experience.

It’s also why “signing agent” insurance exists: because the risk isn’t limited to notarial acts.

And it’s also why it can be difficult to hold the notary fully accountable when the issue isn’t a technical notarial error.

Real examples I’ve personally dealt with:

• A notary changed the appointment time even after the signer said they could not accommodate. The loan didn’t get signed, and the borrower’s rate lock expired. I paid $4,000 to the lender to re-lock the interest rate.
• A notary damaged a signer’s furniture during an appointment. I paid $425 to replace it.
• A notary refused to correct errors, forcing me to hire a new notary for a re-sign. I paid $250 to complete the re-sign — and then $315 for a credit reporting/monitoring service because the borrower was concerned about what the original notary might do with their personal information.

None of these were “oops, I missed a stamp” type situations — but every one of them became my problem to solve.

3) When things go sideways, signing services are expected to make it right

There’s a reason title companies and attorneys often prefer working through signing services:

They want a buffer.

When a notary behaves unprofessionally, refuses to cooperate, or creates costly delays, the client still needs the job done — and they need someone to absorb the operational and financial impact.

When “notaries go wild,” it’s unlikely they’ll make things right quickly (or at all). Signing services are often brought in because we can step in, manage the fallout, and keep the transaction moving.

The Hard Truth About Recovering Costs

Here’s the part many people don’t consider:

The only way to recoup those losses is usually to sue the notary.

And if there was no notarial error, I often can’t file against the notary’s E&O policy — because E&O is generally designed to cover notarial mistakes, not broader conduct issues or business losses.

In many cases, the amount I paid out doesn’t justify the time, energy, and expense of pursuing legal action. So what happens?

I eat the cost — not because it’s “my fault,” but because it isn’t fair to the signer, and I’m not going to let a borrower suffer because someone else acted irresponsibly.

All Businesses Have Liability — Period

Whether you’re a signing service, a notary, a title company, or a solo entrepreneur:

If you’re operating a business, you have liability.

That’s why businesses carry insurance (or should). That’s why contracts matter. That’s why policies and procedures exist.

And that’s why anyone sharing the idea that signing services have “no liability” is spreading something that can hurt real business owners — and real consumers.

Final Thoughts

If you’re building a signing service, grow it with your eyes open.

Assume liability exists — because it does.
Build your processes to reduce risk.
Carry appropriate insurance.
And work with professionals who understand that they represent more than themselves when they enter someone’s home to facilitate a signing.

Because at the end of the day, when something goes wrong, someone pays.

And more often than people realize — it’s the signing service.