Posted by FGX/NJ on 1/14/11 2:33pm
Msg #368688

This is from NotaryNet News Letter

NotaryNow.com Causing Uproar

A new website, called NotaryNow.com has introduced notarizations through video chat over a web cam. This is not a new idea. There was another, now defunct site, called VideoNotary that tried to do something similar. I spoke with the CEO, Chris Hawkins about this venture. According to him, it is currently only available in New Jersey. Much of the outcry that I have read and heard is from other states that have more restrictive notary laws. With any new technology, there will be sceptisim. Our humble recommendation is to make sure you are not breaking the law before you sign-up for any new service. Be careful and continue to be sceptical, but make sure you know the facts before you defame something that could be the future of notary.

One interesting aspect of this new service is that they record the video session on their servers. This could be an invaluable tool if the notary transaction is ever challenged in court. There would be very little question as to what transpired in the transaction. The drawback would be that you cannot see what is outside of the viewing window, such as someone pointing a gun at either party. Hawkins addresses this and other scenarios on his site, but only time will tell if this will hold up with Secretaries of State.

Reply by Glenn Strickler on 1/14/11 3:02pm
Msg #368690

Well, if they do operate in the state of New Jersey and it's actually legal there, then that is one thing. What caught my attention was an email I received asking if I wanted to be a notary for them. They also advertise (or did advertise) California as well as many other states. I have not checked back to see if they scrubbed all the states except New Jersey from their site. However, if they did not want to attract attention, they should have not sent emails outside their state. JMHO.

Reply by FGX/NJ on 1/14/11 3:29pm
Msg #368695

If you want to find out if this is legal call NJ Notary div at 609-292-7061 and they will tell you it is not.
The problem is to get the NJ Government to move on this.
The more complaints they get the better.
By the way they are using a New Jersey Notary or Notaries to Notarize documents in other States. We NJ Notaries are trying to collect as much information as possible to shut this down.
NJ Notary Manual requires that the signer appears before the notary. NOt a computer image.

Reply by Glenn Strickler on 1/14/11 4:51pm
Msg #368705

Wow, so Notary Net did not even check to see if it were legal in NJ before sending out the newsletter? The best comment for them would have been no comment until they had the facts.

Thanks for the post.

Reply by A S Johnson on 1/14/11 5:00pm
Msg #368706

What good is the video if the act is not legal except maybe to have a reverse effect of showing the illegal act by the Notary.
To do a Notary Act, it must have been approved by the state whe the Notary did the Notarial act.
Approval is a legislative act and a law written by court action.

Reply by Shoshana/AZ on 1/14/11 5:42pm
Msg #368710

Answer from the AZ SOS

According to Federal Law, if a notary performs a notarization within the laws they are bound, then the document should be met with the same force and effect in any of the States of the U.S. However, this is not a practice that is allowed to be done by Arizona Notaries, if an Arizona resident should have their signature notarized in this manner on a document that were to be filed in Arizona, it would need to be accepted as far as I know.

Reply by Linda_H/FL on 1/14/11 5:52pm
Msg #368712

I can see what you're saying but I have a question

about that...

"if an Arizona resident should have their signature notarized in this manner on a document that were to be filed in Arizona,"

When you say "filed" I'm assuming you mean the county records- don't they require original wet signatures on documents that are filed? There are NO original wet signatures (as we know them) on these notarized documents. And the problem here is we know this is illegal in NJ where it's being done...sooo...no valid notarization. Problem is the person/entity accepting the document in AZ will have no way of knowing this.

I'd initially included court documents but I know Courts now allow electronic or facsimile filings...

Reply by KTN on 1/14/11 6:20pm
Msg #368715

Re: I can see what you're saying but I have a question

If they use NJ notaries, then why do they have a CA phone number listed? It's 805.604.5508, and that's in Oxnard, CA.
I'm also concerned about privacy for the clients. They're uploading ID and documents to some companies database. That's scary!

Reply by Glenn Strickler on 1/14/11 6:48pm
Msg #368718

Re: I can see what you're saying but I have a question

Well, as FGX said, this practice is also illegal in NJ.

Is there any evidence that they are actually in operation performing notary services?

Reply by FGX/NJ on 1/14/11 7:03pm
Msg #368719

Re: I can see what you're saying but I have a question

Yes Glen
I have a copy of a Notarization that was done via webcam in the State of Flordia.
Was Notarized by a New Jersey Notary Kakisha Greene Notary # 2403417 commossion expires
12/23/2015.

Reply by James Dawson on 1/15/11 9:50am
Msg #368792

Harry should remove this post

there is no value in this disclosure.

Reply by F2F/FL on 1/15/11 10:26am
Msg #368798

Re: I can see what you're saying but I have a question

I totally agree with KTN's post about collecting information on people.
I said it the other day and I will say again, this company is not interested in legal notarizations, they are only interested is selling the software they have developed to unsuspecting notaries that are not informed as to the fact that this type of notarization is illegal in most states and there are those out there that will fall for their offer. NotaryNow has their money for the sale of their product and sc%^& the person that bought it. Every state should be put on notice about this co. and what they are attempting. Go ahead and look at their website and see if you can find the loop holes like I did.
JMO

Reply by Shoshana/AZ on 1/14/11 9:25pm
Msg #368740

Re: I can see what you're saying but I have a question

Linda, those were the words of someone at the SOS office who responded to my email. You know what, they electronically file DOTs all the time.

Reply by Linda_H/FL on 1/14/11 9:30pm
Msg #368744

Okay...that's why I asked..so AZ is set up for

e-recordings....

Reply by LKT/CA on 1/14/11 7:26pm
Msg #368723

<<<The drawback would be that you cannot see what is outside of the viewing window, such as someone pointing a gun at either party.>>>

While I don't see (figuratively speaking) signers being held at gunpoint outside of the viewing window, what I DO see (figurately speaking) is signers trying to nullify/reverse a transaction by *claiming* someone outside of the viewing window held them at bay (by gunpoint, knifepoint, baseball bat, red hot poker, etc.), and forced them to sign. I can foresee a lot of THAT happening.

Reply by MW/VA on 1/15/11 1:52pm
Msg #368817

See msg. 368766. We may have been too quick to scoff

at this. IMO someone must be doing some heavy-duty lobbying with the states.