Electronic Notarization Update

By
Services for Real Estate Pros with Scanlon Signing Services

Va is the next state to try to tackle the Electronic Notarization issue. This new bill was passed and it allows for electronic notarizations by personnal appearance and vidoe conference. Notaries must apply for a seperate commission to become an electronic notary in VA. If the electronic notary uses video conference you must either personally know the signer or use one of the two new forms to indentify the signer. These two new forms are digital certificates accessed by biometric or an interoperable PIV smart card, and what is know as an "antecedent in person identity proofing process".

The National Notary Assoc. states they are working to have the governor veto this bill. The bill will become affective July 1, 2012

Sincerely,

Lisa Scanlon, CSA

941-447-7130

www.ScanlonSigningServices.com

 

Comments (4)

Mike Morrison
Will & Will Real Estate Brokers, The Woodlands, Texas - Houston, TX

Looks like the TBTF's have their fingerprints on this legislation. Congress tried this same legislation to give the robo signers a free pass. Thankfully, the bill died. We can look at this as a backdoor bailout for the banks. Easier to foreclose & less litigation risk.

 

Mar 29, 2011 04:54 AM
Anonymous
J. Andrew

 

 

AYIN International, Inc. is in support of HB 2318 and SB827 and the courage and foresight both House Delegate Kathy Byron, Senator John Edwards and the Virginia legislature has in regards to taking steps to secure the State of Virginia e-Commerce environment for their e-Notaries.  

We agree with the cornerstone of notarization requiring personal appearance of a signer before a duly sworn notary public. However notaries need to understand that personal is appearance is not physical personal appearance. This is ground zero for a lot of the confusion in understanding the support for e-Notarization and more specifically remote e-Notarization.

Notaries Public underestimate the attraction and convenience of e-Commerce and even more importantly their roll in bringing their notary skills to increase its’ integrity for business transactions.

The fact of the matter is we need live notaries in real time on-line right now! The global economy is beginning to make its stand and the need to have the eyes of the people on internet transactions, which currently occur without a trusted human witness, has resulted in many instances of fraud and misrepresentation and identity theft.

What needs to be understood is that manual notarization will be the biggest beneficiary of hb2318 and sb827, because some people will opt for and feel more secure if they met with a physical notary public. Notaries using a real-time video-conferencing recording technology will serve those who handle business on-line. This will open a new revenue stream for notaries public supporting high fees. The usage of real-time video conferencing recording has many benefits.

1.       The most important benefit is the recorded real-time videoconference notarization file. This technology teamed with a live notary is a powerful tandem for deterring fraud and misrepresentation

2.       Facial recognition technology supplanting thumb-print biometrics is adaptable to current government authority criminal databases for cross checking.

3.       Notaries public can support their memories and handwritten journals of a notarization via archived videoconference recordings, and electronic journals.

I‘ve personally had many discussions on this issue. Notaries maintain that they can’t determine if an I.D. is valid via video. The reality is a notary cannot determine if an I.D. is valid in person because they do not have the tools to do so. A notary’s roll is to be a witness between two parties to a contract. Notaries are not identification validating experts. For example in the State of California a notaries public may accept a driver license that has expired for up to one year.

Some Notaries argue that someone maybe off camera holding a gun to signer’s head in a video conference. To a degree bank tellers act as notaries to determine if a person seeking to make a withdrawal or a deposit is who they say they are. The bank teller will witness a depositor’s endorsement of a check and even verify the person signature. Not even a notary does this. Yet how many notaries today use an automated teller machine to access their money. Today people still have the option of going into a bank or they may use a machine on the front or side of a building to access money. The point is how many people have used an ATM to withdraw money at gunpoint vs. how many people have withdrawn money from an ATM safely.  

I don’t blame notaries for the recent real estate mess but all real estate documents are to be notarized and recorded. The question is: How many homeowners signed real estate loan documents under duress or even had the capacity to know what they were signing? The bottom-line is something went terribly wrong.

I understand Notaries apprehension regarding the future of their time honored practices however advance’s in technology based on security requirements and economic globalization, mandate the need for notaries to participate in cyberspace and do their part to deter fraud and identity theft, protecting the end user and the e-Commerce Eco-system as well. It’s viable and possible. Lionizations: to distinguished both House Delegate Kathy Byron and Senator John Edwards and visionaries of the Virginia legislature. 

Apr 15, 2011 01:08 PM
#2
A Mobile Notary (562) 916-3237
Downey, CA

I don't think that California allows Electronic Notarization...but thanks for the info...I am going to look in to it. 

Jul 26, 2011 07:57 PM
Anonymous
AYIN International, Inc.

Aida Mobile Notary. California does not recognize video conferencing as a substitution for personal appearance at this time. However California does not recognize a lot of issues regarding how to better its' infrastructure. AYIN International, Inc. has chosen to be headquartered in California and the climate is hostile to our product offering which speaks directly to the resolve of our company to take on the challanges of understanding the sensitive nature in modifying a 4000 year old practice of witnessing which is known today as notarization. 

Many Notaries have been duped into thinking that remote electronic notarization is going to eliminate them. Unfortunately they are misinformed. Remote electronic notarization simply allows notaries to enter the vast area of cyberspace to perform their duly sworn task.

Many government authorities and notary organizations have polluted this evolving Eco system for remote electronic notarization suggesting increase fraud and even have commented that notaries today do not have the capacity to use new technology which will allow such a transaction. 

The fact is that there are very few notaries who make a living performing notarial servces. The fact is that today people use the internet all day long to do business and electronically sign sensitive documents which are not denied legal validity. What is mind boggling is that there is acceptance of an electronically signed document but we do not want to see who electronically signs the document nor do we want a witness to watch the electronic signing of the document. While at the same time the suggestion of fraud and identity theft is put forth as a detractive talking point against remote electronic notarization. 

AYIN International, Inc. has the only patented method in the United States which provides a secure and viable method allowing Notaries Public to meet with a signer on-line in real-time in a video-conferencing theater which records the notarization capturing biometric particulars such as facial and voice data for subsequent identification and verification of a signer along with many electronic document security protocols for authentication of electronic signatures. We are developing Electroniic journals for Notaries to record and maintain their transaction which via personal pin number are access from our secured network. Imagine being summons to appear in court to produce your journal in testifying to a signing. Today many Notaries do not maintain accurate journal. Our solution automatically enters the notaries transaction into their electronic journal along with the recorded videoconference of the transaction. In the event a Notary is summons to court to present their electronic journal the notary may simply use their personal pin number, access the transaction in question and show the recorded video of the transaction to the court as admissable evidence of the signer or obvious fraud. 

This is real time remote electronic notarization at its best and at AYIN International, Inc. we are working hard to bring it to those who are willing and able to use this exciting new technology. We do not seek to replace the time honored practice of personal appearance in a notarization. Remote electronic notarization honors personal appearance notarization in cyberspace where many people are doing business at this time with the services of duly sworn Notaries Public. Notaries are needed in cyberspace and we are doing our best to make sure they have the tools they will need to do their duties. 

 

 

Jul 27, 2011 04:09 AM
#4