Posted by FGX/NJ on 7/18/12 10:05am
Msg #427259

Virginia webcam Notarizations

Published 2 days ago.

http://www.legallanguage.com/legal-articles/are-online-notarizations-valid/comment-page-1/#comment-284224

Reply by BrendaTx on 7/18/12 10:38am
Msg #427261

Interesting article. Liked what it said. However, their NASS quotes are old. Wish they would have come up with newer material for NASS.

One very valid point - Interstate notary recognition act was passed by Congress and vetoed by the President last year. That says a lot!

Reply by sigtogo/OR on 7/18/12 10:41am
Msg #427262

ONLINE WEBCAM NOTARIZATION is invalid and illegal in Oregon

http://www.filinginoregon.com/pages/notary/notary_news/index.html

Reply by BrendaTx on 7/18/12 11:13am
Msg #427268

Yes, we know that it is illegal for you to do the

the notarization, but does the State of Oregon have the power to invalidate that notarization if it is done in Virginia?

I would love to say no...but until a government agency or politician takes the time put a stop to the free flowing online notarization, it will continue.

Reply by VT_Syrup on 7/18/12 11:30am
Msg #427272

This article has two basic problems. Phillip they uses various quotes that were dated before the Virginia law went into force to claim that web notarization is illegal. Well, it was illegal when the quoted sources were written, but not now.

Second, Phillip implies the Interstate Recognition of Notarizations Act of 2010 would have required the recognition of webcam notarizations. Maybe. But what it explicitly recognizes is electronic notarizations, which at the time the act was being considered, the signer had to appear in person before the notary. Also, the outcry against the law was not because the notarizations might be electronic, but because courts might have to give more credence to out-of-state notarizations than they deserved, even if they were on paper.

The Interstate Recognition of Notarizations Act of 2010 may be read at

http://www.govtrack.us/congress/bills/111/hr3808/text

Reply by MW/VA on 7/18/12 2:00pm
Msg #427293

I think it is a good article, and points out that these transactions may not be legal.
In spite of the VA Electronic Notary Law, there is still no evidence that it was VA's intent to go inter-state. I think it is intended for special application, and not for general internet use.
IMO the biggest problem is going to be laws that regulate e-commerce. What can be done about the violators?

Reply by BrendaTx on 7/18/12 2:04pm
Msg #427294

Re: Virginia webcam Notarizations - Marilynn...

*In spite of the VA Electronic Notary Law, there is still no evidence that it was VA's intent to go inter-state.*

You are exactly correct.

Reply by MW/VA on 7/18/12 2:10pm
Msg #427295

Too bad that the "knee-jerk' reaction is to make it sound

like it is inter-state. It isn't. I'm not going anywhere near the electronic side of things, and can't imagine any E&O insurance or other insurance covering a notary who is doing this incorrectly.
Frankly, I hope there's a way to shut them down quickly if they're misusing it.

Reply by VT_Syrup on 7/18/12 2:30pm
Msg #427298

Re: Too bad that the "knee-jerk' reaction is to make it sound

There are hints in the law that it might be interstate. The law can be found at

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+TOC4701000

47.1-13 has a paragraph that says "B. Any notary commissioned pursuant to this title may likewise perform notarial acts outside the Commonwealth, where such notarial acts are performed in accordance with this chapter." In the previous version of that paragraph out-of-state notarizations were limited to documents that were to be used in Virginia (I don't remember the exact wording, might have been "filed" or "recorded"). I can't find anything else in chapter 47 that puts geographical limits on notaries.

The same section has a paragraph that says "D. An electronic notarial act performed in accordance with this chapter shall be deemed to have been performed within the Commonwealth and is governed by Virginia law. " I have read (don't remember where) that some people thought this was intended to cover the case of "cloud computing", where although the electronic notary and the signer are both in Virginia, the computer where the document is located is in India. But whether it will be limited to cloud computing or treated as a free-for-all is anybody's guess.

Reply by MW/VA on 7/18/12 2:45pm
Msg #427302

I still think this was created primarily for military & gov.

situations. Only time will tell how it will be interpreted & used.

Reply by Lee/AR on 7/18/12 3:11pm
Msg #427306

Re: Virginia webcam Notarizations - Marilynn...

Purely an opinion, but until/unless somebody challenges this in court--or enough people get their notarization rejected by ??? and get mad enough (probably not--just go to regular notary)--this thing is gonna fly--just by sheer numbers. I think the co. who is pushing this is counting on that happening.

Reply by MW/VA on 7/18/12 3:44pm
Msg #427310

Problem as I see it is the usual "unsuspecting public".

Once again, we as notaries know what's legal & what's not. In general, the public doesn't have a clue. I think it will take our industry to report suspected illegal activity. We're the one's with a vested interest in this & need to protect our livelihood.
The public is eager for more electronic modes. I hear every day that borrower's want to know when this process (loan signings) will become electronic & paperless. I know it's certainly in the realm of possibilities & it's only a matter of time. I'm "old school" and still think a strong paper trail if important in these large financial transactions.

Reply by Linda_in_MI on 7/18/12 8:07pm
Msg #427339

20 years later I'm still waiting for completely paperless

I remember first hearing about everything going paperless about 20 years ago in a previous life as a secretary. I laughed at co-workers then who jokingly said my job was in jeopardy, because I knew someone, somewhere would still require a hard copy of the document.