{"id":1009,"date":"2020-10-05T06:00:45","date_gmt":"2020-10-05T10:00:45","guid":{"rendered":"https:\/\/www.deeds.com\/articles\/?p=1009"},"modified":"2024-04-25T23:20:29","modified_gmt":"2024-04-26T03:20:29","slug":"deeds-by-distance-which-states-are-moving-to-remote-notarization","status":"publish","type":"post","link":"https:\/\/www.deeds.com\/articles\/deeds-by-distance-which-states-are-moving-to-remote-notarization\/","title":{"rendered":"Deeds by Distance: Which States Are Moving to Remote Notarization?"},"content":{"rendered":"\n

An update from <\/em>Deeds.com on the fast-moving\nevolution of remote online notarization and the standards supporting it.<\/em><\/strong><\/p>\n\n\n\n

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If you transfer or accept a piece of real estate,\nnotarization of the deed will likely occur. For your deed to be recorded, it is\nnotarized first. Recording puts the world on notice of the conveyance, by updating\nthe county\u2019s public land records. <\/p>\n\n\n\n

Today, with so much documentation first going (first) digital\nand (now) remote, can real estate deeds be notarized from afar? In most states\nthey can. The signers and the notaries can sign and notarize a document\ndigitally (eSigning and eNotarizing it); and notaries are now taking it all one\nstep further: performing their work without the need for in-person appearances\nby signers. <\/p>\n\n\n\n\n\n\n\n

Doesn\u2019t Notarization Have to Be In-Person, By Definition?<\/h2>\n\n\n\n

Traditionally, that\u2019s been the case. But technology is\npressing changes in property law \u2014 especially since the 2020 pandemic closed\noffices and complicated in-person business.<\/p>\n\n\n\n

To be specific, a number of states are now getting on board\nwith remote\nonline notarization<\/a> (RON). States that use RON allow their notaries\nto use audio-video tools, including webcams, to officiate and record the remote\nsigning \u2014 in-state and sometimes interstate, too. Interest in RON was greatly accelerated\nby state governors\u2019 stay-at-home rules, because once offices closed, states\nwithout RON suddenly found themselves lagging behind. So, 2020 was a milestone\nyear for the RON trend. <\/p>\n\n\n\n

Lawmakers in Nearly All States are Developing or Have Already Implemented\nRON.<\/h2>\n\n\n\n

This includes Maryland, Washington, and Wisconsin.\nArizona\u2019s governor issued an Executive Order to speed up the state law that to\nenable signers and notaries to meet virtually, so its RON legislation is now in\nfull effect. New Jersey\u2019s legislature enacted a remote online notarization law\nin April 2020. Alaska\u2019s RON law was enacted in April as well. Nebraska and\nIowa have sped up adoption through those states\u2019 emergency rules. RON\nbills were also recently introduced by legislators in Colorado, Louisiana,\nMassachusetts, and Mississippi. And at last, South Carolina has a bill in\nthe works to enable and standardize RON.<\/p>\n\n\n\n

States are implementing remote data security standards from the Mortgage Industry Standards Maintenance Organization<\/a>, which are intended \u201cfor broad use across the entire residential mortgage industry.\u201d Moreover, mortgage specialists can now refer to guidance from Fannie Mae and Freddie Mac<\/a> for RON use in 42 states<\/a>. Both entities direct the remote online notary public to use:<\/p>\n\n\n\n