With the COVID-19 pandemic in full swing, plenty of folks prefer to use their own pen when signing closing documents. We understand their reasons since we are also avoiding the germs of strangers. Or maybe they just want to use their ‘lucky pen’. I can usually allow signers to use their own pen — as long as it is a blue ink pen.
That’s right. Closing documents should always be signed in blue ink.
In fact, most title companies and lenders insist on it. Like it or not, everyone signing real estate documents needs to comply with this requirement.
Why the love of blue ink?
Blue ink is ideal for a couple of reasons.
Documents with blue ink signatures are presumed to be ‘originals.’ A blue ink signature is harder to reproduce and easily differentiates an original document. We know color copiers exist, but most financial and legal businesses use standard black ink copiers on a daily basis.
Blue ink signatures are easier to distinguish on papers filled with lots of black print. The title company and lender will want to quickly review the more than 100 pages of documents for accurate signatures before the transaction is finalized. Blue ink stands out in a sea of black ink. Moreover, it is dark enough to read and to appear on a copy.
I’m not aware of any laws that regulate the ink color required for a signature on a legal document. Someone cannot get out of an agreement or contract just because they signed with the wrong color. However, if the instructions for signing a document states they must be signed in a specific color, then those instructions should be obeyed.
Lenders, title companies, lawyers, notaries, etc. may require people to sign in a certain color if they choose. Everyone wants to ensure that signatures on closing documents are indisputably legitimate. If the signer refuses to comply, the other party may refuse to complete the transaction. Ink color is not something you want to argue with us or blow a deal over.
We keep a steady supply of blue ink pens at the closing table for signing documents. In addition, we encourage signers to take them (and their germs) with them when they leave.
Go ahead, use your own pen, and avoid strange germs when you are out in public. However, at the closing table, take the free blue ink pen.
Roses are red,
Violets are blue,
We use blue ink,
And you should, too.
The opinions expressed are of the individual author for informational purposes only and not for legal advice. Contact an attorney for any particular issue or problem.
