The document notarization process is finally catching up with the way people and businesses operate in today’s digital world. Remote online notarization (“RON”) uses technology to expedite and simplify a process which has traditionally been cumbersome and inconvenient, particularly for those living in rural areas.

With the advent of RON, individuals are able to execute legal documents using audio-visual technology without being physically present in the same room as the notary. Prior to 2020, only a handful of states permitted RON. Driven by necessity, the majority of states enacted temporary emergency orders allowing RON during the COVID-19 health crisis and have subsequently enacted permanent legislation authorizing RON and providing rules and regulations for its use.*

Federal legislation, known as the Securing and Enabling Commerce Using Remote and Electronic Notarization Act (“SECURE” Notarization Act), has passed the House and is waiting on Senate approval. If passed, this federal legislation will permit immediate nationwide use of RON with minimum standards and provide certainty for the interstate recognition of RON.

With no current national standard, it is critical that documents intended to be executed via RON include the form and verbiage necessary to satisfy each state’s particular requirements. The compliance team at Asurity continuously monitors state laws and regulations to ensure our documents are compliant with state-level RON standards.

For more information on what Propel offers in regard to RON capability, please contact Franci Webster at info@asurity.com.

*As of the date of this publication, the District of Columbia and all states except Alabama, California, Connecticut, Georgia, Mississippi and South Carolina permit remote online notarizations. Connecticut has enacted a law allowing remote online notarization effective October 1, 2023. However, the Connecticut law specifically excludes real estate finance transactions from the types of transactions which may be executed by remote online notarization.

Diane Jenkins, Director of National Mortgage Practice Group - Propel and Partner - Sandler Law Group

Diane Jenkins focuses her practice on mortgage banking regulatory compliance, assisting mortgage lenders and brokers in complying with compliance laws and regulations.

She has extensive experience practicing as in-house counsel and compliance officer for both mortgage originations and servicing companies. In addition, she has worked in the corporate law section of a private law firm where her practice included business law, estate planning, and employment law.