On July 1, 2012, Virginia became the first state to authorize a signer to be in a remote location and have a document notarized electronically by an e-notary using audio-visual conference technology, webcam, by passing the bills SB 827 and HB 2318.
In Virginia the case of an electronic notarization, "satisfactory evidence of identity" may be based on video and audio conference technology, in accordance with the standards for electronic video and audio communications set out in subdivisions B 1, B 2, and B 3, that permits the notary to communicate with and identify the principal at the time of the notarial act, provided that such identification is confirmed by (a) personal knowledge, (b) an antecedent in-person identity proofing process in accordance with the specifications of the Federal Bridge Certification Authority, or (c) a valid digital certificate accessed by biometric data or by use of an interoperable personal identity verification card that is designed, issued, and managed in accordance with the specifications published by the National Institute of Standards and Technology and in Federal Information Processing Standards.
So, there is a law that passed in July that allows for a video-conference settlement closing that allows a notary sitting in Virginia to Notarize documents via video anywhere in the world.
The simple short explanation is that a settlement clerk can thoroughly explain all documents to be signed, record the entire transaction digitally, create a three way video-chat with a notary in Virginia, have the documents notarized, complete the transaction with the borrower, upload the documents to the lender, the title company, the borrower, the GSE's and the recorders office all in real time, all with no lag time. The resulting pristine digital record of proof moves into the clouds for all time.
All upside benefits, so why can't I close a loan this way??
- No-one has been the test case in the court yet!!
- The law has not yet been challenged in the courts yet.
- Passing a law in America is worthless until the courts decide what the law means after they pass it.
Every large mortgage lender states, "I love it, but I won't be first!" . The homeowners surveyed thought it would be tremendous to "Face-Time" a closing or Video-conference a settlement. The title companies feel that the ability to close ALL their loans without ever having the need to hire outside "Notaries as settlement Clerks" is a huge benefit to their bottom line and uniformity in closing loans.
Family Abstract, a leader in Title Insurance initiatives will continue to stand on the forefront of this issue! If/When you want to do it, we want to do it for you! From my family to yours, from Title Insurance commitment to policy, all our very best! Take at least a moment each day to smile and laugh, then call Family Abstract for all your title needs in PA, NJ, MD and FL. At Family Abstract, Inc. We look forward to making you, and your clients smile very day, especially the day of settlement. Please like us on Facebook, Please “Plus 1 us on Google, Please give us a shot at your Title Insurance.