Remote Online Notarization in Utah: The Basics
Remote online notarization (RON) is legal Utah and offers a flexible way to remotely buy and sell property in-state. Learn more about RON in Utah.
Remote online notarization (RON) is legally permissible for New York mortgage and real estate closings.
As of January 31, 2023, RON is the only way for an audio-visually aided notarization in New York. However, title insurance companies may choose not to make RON available to their affiliated title companies in New York. IPEN also remains available in New York after January 31, 2023. Similar to RON, title insurance companies can decide whether they will approve the use of IPEN.
The road to permanent RON in New York has been anything but simple. Since Senate Bill 1780C was first signed in December 2021, new requirements have been issued for technology platforms, notaries, and electronic notaries.
If you’re looking for clarity on the legislative timeline and the requirements for remote online notarization in New York, including the regulations released on January 25, 2023, you’ve come to the right place.
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On December 22, 2021, New York Governor Kathy Hochul signed Senate Bill 1780C, making New York the 38th state to approve a permanent RON law.
Senate Bill 1780C created permanent legislation to permit title and settlement agents and real estate attorneys to close mortgage and real estate transactions utilizing RON beginning on June 30, 2022. However, before the new law could take effect, the Governor signed a subsequent executive law on February 24, 2022. This subsequent law delayed the effective date of the RON provisions from June 30, 2022 to January 31, 2023. The February 24, 2022 law also allowed remote ink-signed notarization (RIN) to continue temporarily until January 31, 2023, allowing the industry time to transition from RIN to RON.
On January 25, 2023, the Notice of Adoption of the rulemaking that establishes the standards related to the performance of notarial acts in New York, including remote online notarial acts, was published in the New York Register and posted on the Secretary of State's website. The regulations implement the remote online provisions enacted in the Executive Laws previously signed into law by Governor Hochul in December 2021 and February 2022. The regulations are effective as of January 25, 2023.
New York outlines several conditions for RON, including technology platform, notary, and electronic notary requirements.
New York requires technology platforms to:
New York requires notaries to register with the Secretary of State’s office before performing an electronic or remote online notarization. The Secretary of State’s website indicates that notaries may apply for the electronic designation beginning on February 1, 2023.
New York created additional requirements for notaries, applicable to all, as follows, among other items:
New York electronic notaries must meet the following additional registration and compliance steps to perform RON:
Whether performing a traditional or electronic notarization, the new regulations require the notary public to obtain satisfactory evidence of the signer’s identity. Similar to a traditional notarization, the notary can obtain satisfactory evidence through personal knowledge, an oath, or an affirmation from a credible witness. If the notary lacks personal knowledge or an oath or affirmation, the notary can prove the signer's identity through identity proofing. Identity proofing is a process where the signer provides government identification to validate their identity.
When the signers are remote, they present the back and front of their unexpired government-issued identification card that contains both a photographic image and a signature. After presenting their identification, a third-party provider will confirm the signer's identity by utilizing both public and private data sources. The identity proofing must meet the minimum standards for level 2 outlined in the Digital Identity Guidelines of the National Institute Standards and Technology. This involves the remotely located signer answering a series of questions known as knowledge based authentication or KBA.
RON has several advantages over traditional notarization. Below are four potential benefits for those interested in implementing RON into their mortgage and real estate closing workflows.
Traditional notarization does not offer the most sophisticated customer experience, nor is it always accessible for busy people. In real estate closings, it is customary for signers to locate a state-issued notary and take time out of their day to travel to a physical location to get legal documents notarized. This process can sometimes take hours, often requiring time out of work and access to reliable childcare and transportation. RON removes these cumbersome barriers and allows customers to have their essential documents notarized from the comfort of their own homes or the place of their choosing.
RON often invites some level of skepticism, particularly regarding security and whether or not it is as safe a practice as traditional notarization. However, top RON technology providers put security at the forefront of their digital designs and ensure that their capabilities comply with federal, state, and local laws. For example, the Stavvy platform is certified MISMO® compliant, SOC 2 Type 2 compliant, enables notaries to deploy multiple means of identity verification, and provides tamper-sealed transactional documents, digital audit trails, and secure meeting links. In addition, Stavvy’s legal, industry, and regulatory teams reviewed the New York RON law closely to ensure the platform meets all regulatory requirements.
Utilizing a digital mortgage platform with an eClosing solution and RON feature, like Stavvy, helps real estate professionals achieve operational efficiency. An eClosing with RON reduces the volume of paper, postage, travel, and coordination required per closing, saving organizations time and money.
The workflows for traditional mortgage closings require lenders and title companies to transport, process, and store large amounts of paper. RON provides an opportunity to reduce the amount of paper, postage, and travel by utilizing technology and electronic documents. In doing so, RON makes the mortgage industry more environmentally responsible.
Stavvy has built its platform to comply with rigorous security standards, including the enhanced identity verification standards required by the New York Secretary of State. The Stavvy platform is MISMO® compliant, SOC 2 Type 2 compliant, enables notaries to deploy multiple means of identity verification, and provides tamper-sealed transactional documents, digital audit trails, and secure meeting links. We stand ready to assist our clients, both old and new, in navigating the registration process to become approved remote electronic notaries on the Stavvy platform.
Now is the perfect time for New York real estate professionals, particularly lenders and title professionals, to talk with stakeholders about digitizing their closing process with technology and understanding their title insurance underwriters' appetite for RON.
Having a conversation with title insurance underwriters and partners upfront to confirm acceptance of utilizing RON and reviewing how to implement RON technology is time and resources well spent. Prioritizing this due diligence will give you time to incorporate RON technology into your workflows ahead of your competitors, giving you a leg up.
We are currently conducting platform updates to support in-person electronic notarization (IPEN) and remote online notarization (RON) in accordance with the regulations promulgated by the New York Secretary of State on January 25, 2023. To receive updates about RON in New York, .
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
Stavvy has summarized the New York regulations to aid customers with understanding the changes and requirements. This outline is intended to provide general information about selected regulations for notaries and the applicable laws and regulations should be consulted for all questions or conflicts. This summary is intended to be a resource and not authoritative and the notary reference manual and website should be consulted for confirmation of all items herein. https://dos.ny.gov/notary-public#remote-notarization-faqs
Editor's note: This post has been updated to incorporate recent developments since the blog post was originally published in July 2022.
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