Hi Christine,
If I recall I took a look at the complaints filed by REBA against both the title company and the signing agents. REBA is relying on a definition of the practice of law dating back to l935. There is also a more recent executive order in effect in Massachusetts that prohibits notaries from acting as signing agents unless they act under the supervision of an attorney.
The same definition of a practice of law seems to include settlement activities in closings which is why I assume that the title company has been named as a defendent.
If I recall my last review of REBA's complaint...the same definition of the practice of law includes searching and recording activities. However, that is not an issue in the current suits. If REBA is successful in these suits (I suspect that they will be...the Bar Associations are very powerful entities in a court room), it is possible that they may move on to the abstractors next. REBA is quite serious about problems that have arisen in recent years within the real estate industry...most notably problems that have been experienced by the buyers and homeowners. I do find myself in agreement with the allegations contained in REBA's complaints.
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