Real Estate Documents That Require Notarization in Virginia

The recording rule

In Virginia, any document conveying or encumbering an interest in real property must be notarized (and most must also be recorded in the county or city where the property sits) to be effective against third parties. That single rule drives most of the closing paperwork.

Documents requiring notarization

From the seller (or grantor)

• Deed (warranty, special warranty, or quitclaim)
• Affidavit of title — sworn statement that title is clean
• Power of attorney if signing through an agent
• Owner's affidavit / non-foreign affidavit for FIRPTA
• Bill of sale for personal property included

From the buyer (or borrower)

• Deed of trust — the security instrument securing the loan
• Signature affidavit and AKA statement
• Borrower's affidavit
• Compliance agreement
• Power of attorney if signing through an agent

Refinances and HELOCs

• Deed of trust (new)
• Subordination agreement (if there's a junior lien)
• Right of rescission notice (acknowledged, not always notarized)
• Closing disclosure acknowledgment
• Various lender-required affidavits

Special transactions

• 1031 exchange documents
• Land contract / contract for deed
• Construction loan disbursement requests
• Modification agreements

Documents that are signed but NOT notarized

• The promissory note itself (the borrower's promise to pay)
• The closing disclosure (acknowledged, generally not notarized)
• Most disclosures (lead paint, property condition)
• Settlement statement / ALTA

Witness requirements

Virginia doesn't require witnesses for most real estate documents, only notarization. A few lender or title-company-specific forms request witnesses; the notary will know.

Recording

After signing, the title company or attorney records the deed and deed of trust at the city or county circuit court clerk's office. Recording makes the conveyance public and protects against later claims.

Virginia recording fees include:

• State recordation tax
• Local recordation tax
• Grantor's tax (typically on the seller)
• Clerk's fee

Why mobile loan signings dominate Virginia

Title companies prefer mobile signings because:

• Borrowers sign at home after work
• Same-day scan-backs let title fund quickly
• Geographic dispatch reduces no-shows
• Specialized LSAs catch errors before the package leaves

What to bring to your closing

• Two forms of government-issued ID (one with photo)
• Cashier's check or wire confirmation for funds to close
• Your homeowner's insurance binder
• A working pen — though the LSA will have several

Common closing-day surprises

• Misspelled name on the deed (corrected via signature affidavit)
• Last-minute lender condition (extra affidavit)
• Notary catches an unsigned page
• POA needs to be re-confirmed with lender

A good LSA handles all of these calmly and keeps the closing on track.