{"id":3060,"date":"2023-06-21T09:44:32","date_gmt":"2023-06-21T13:44:32","guid":{"rendered":"https:\/\/www.deeds.com\/articles\/?p=3060"},"modified":"2024-04-25T23:17:36","modified_gmt":"2024-04-26T03:17:36","slug":"the-house-of-representatives-said-yes-to-remote-online-notaries-senate-next-nar-urges","status":"publish","type":"post","link":"https:\/\/www.deeds.com\/articles\/the-house-of-representatives-said-yes-to-remote-online-notaries-senate-next-nar-urges\/","title":{"rendered":"The House of Representatives Said Yes to Remote Online Notaries. Senate Next, NAR Urges!"},"content":{"rendered":"\n
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\u201cNAR has strongly supported remote online notarization since 2018 and commends members of the House for passing the SECURE Notarization Act of 2023.\u201d<\/em><\/p>\nKenny Parcell, president of the National Association of REALTORS\u00ae<\/cite><\/blockquote>\n\n\n\n

The integrity of notarized public records is crucial. Without it, deed transfers and other transactions could lose the public\u2019s trust. So, people have signed official documents while face-to-face with notaries.  This gave everyone involved in buying, selling, and financing of real estate confidence in the notary\u2019s stamp.<\/p>\n\n\n\n

But the pandemic disrupted personal appointments. Suddenly, businesses hastened to find remote workarounds for procedures they\u2019d always done in person. State rules for notarizations<\/a> were among those things.<\/p>\n\n\n\n

Could the notary seal still be reliable if created through computers? The House of Representatives recently said yes. Next up: the Senate.<\/p>\n\n\n\n\n\n\n\n

A Sacred Legal Tradition Is Becoming Optional.<\/h2>\n\n\n\n
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When people buy homes, they have their deeds notarized for recording in the property\u2019s county. An in-person visit to the notary reflected a sacred legal rule. So, at the beginning of the going-remote trend, notaries called for caution. (We did too<\/a>!)<\/p>\n\n\n\n

But in 2020, as we all know, things changed. And they changed with remarkable speed in many places. State after state began accepting remote online notary acts as official.<\/p>\n\n\n\n

But these states\u2019 updates raised a question. Everyone needed to know if what was done from out of state would be accepted in a state that had yet to modernize its notary laws.<\/p>\n\n\n\n

That question was the seed for the SECURE (Securing and Enabling Commerce Using Remote and Electronic) Notarization Act of 2023. With this bill, e-recording of remotely notarized paperwork will be acceptable anywhere.<\/p>\n\n\n\n

Even when it does become a federally regulated norm, remote online notarization will be optional. People will still be able to use the traditional, in-person alternative. So the outcome of the law will be a major stride for consumer choice. The real estate industry is on board.<\/p>\n\n\n\n

NAR Says: Let\u2019s Do This Thing.<\/h2>\n\n\n\n

Kenny Parcell, president of the National Association of REALTORS\u00ae, calls remote online notarization \u2014 RON, for short \u2014 a \u201clong-awaited technological advancement.\u201d NAR has steadily backed the RON method in each state that has taken the plunge.<\/p>\n\n\n\n

But unless it\u2019s available in all<\/em> states, the RON system can create confusion regarding the interstate validity of a document. And it means some notaries can do their work remotely while others cannot, depending on where they work.<\/p>\n\n\n\n

This is why the real estate trade association now wants a federal standard. NAR applauded the House of Representatives for passing its bill, H.R. 1059, saying the SECURE Act will enable \u201caccessible, efficient, and secure real estate transactions\u201d to be done remotely.<\/p>\n\n\n\n

Parcell said NAR will now press ahead in the hope of getting remote online notarization technology, which is one step beyond e-Signatures, passed in the Senate.<\/p>\n\n\n\n

What\u2019s Happening in the Senate, Then?<\/h2>\n\n\n\n

Sen. Kevin Cramer, joined by Sen. Warner, introduced the bill in the U.S. Senate on April 19, 2023. Throughout April and May, it\u2019s collected seven (bi-partisan) co-sponsorships.<\/p>\n\n\n\n

The bill in the Senate is S.1212<\/a>\u00a0for the 118th Congress (2023-2024 session) under the same name: the Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2023.<\/p>\n\n\n\n

Once the Senate passes this bill, it\u2019ll have passed both houses of Congress. It will then go to the president to be signed into law.<\/p>\n\n\n\n

And then, whenever there\u2019s a state or federal requirement for in-person notarization, that requirement can be satisfied remotely \u2014 as long as the parties follow the new law\u2019s provisions.<\/p>\n\n\n\n

Here\u2019s How the New Law Will Impact You.<\/h2>\n\n\n\n

Here\u2019s what the SECURE Notarization Act will mean for you.<\/p>\n\n\n\n

You\u2019ll sit in front of your screen for an audio-visual recording of the notarization. Under the SECURE Act, the notary officer or notary public must communicate with a remotely located person \u201csimultaneously by sight and sound\u201d during the notarization. Each party needs a quiet place and a sound connection, so that \u201ceach party communicates substantially simultaneously and without unreasonable interruption\u2026\u201d<\/p>\n\n\n\n

If your state has already passed a RON law, great! Nothing should substantially change when the SECURE Notarization Act passes into law.<\/p>\n\n\n\n

If your state is in the middle of putting regulations together to enable the RON process, then your state will use the federal law while it readies its own law. In other words, the SECURE Notarization Act will enable notaries to use RON as soon as the federal law is in place. Your state\u2019s regulations can later take over, as long as they meet or exceed the minimum federal requirements. (If they fall short, then notaries in your state will need to take additional compliance steps.)<\/p>\n\n\n\n

Will the Modernized Version Be as Safe as an In-Person Notarization?<\/h2>\n\n\n\n

Yes. When the U.S. House passed the SECURE Act, it telegraphed its assurances that RON is trustworthy.<\/p>\n\n\n\n

You\u2019ll use multi-factor authentication when you have a document notarized. In most cases, that will include submitting a photo of your ID and another method as well. The multi-step process will let the notarial officer, or a person officially commissioned as a notary public, proceed with reasonable certainty that you are who you say you are.<\/p>\n\n\n\n

Of course, notarizations can be challenged. That has always been the case.<\/p>\n\n\n\n

Although they\u2019ll be presumed valid, people will still be able to contest the new notarial acts. Common claims include:<\/p>\n\n\n\n