Posted by Help For Homeowners and AMS on 5/13/13 8:21pm
Msg #469816

E-notarizations---A New Trend or a passing thought

I was speaking with our Secretary of Sates office to day because I'm interested in getting the E-Notarization certificate. I'm wondering if any other states require SOS certification or not. And does anyone else think now is a good time to add it to our services?

Reply by Sha/CA on 5/13/13 8:37pm
Msg #469817

No! Not legal in most states. No advertising allowed here! n/m

Reply by Marian_in_CA on 5/13/13 9:46pm
Msg #469821

There's a difference between enotarizations and webcam...

Electronic notarizations, where the notary uses an electronic seal is perfectly legal in many states, California included. It requires a Notary who understands technology and has a bit of a niche market. I have one and use it primarily for two specific lawyer's offices who file their documents with the courts electronically. They pay me good money to make the trip in to their office, too, because they had a difficult time finding anyone who had an eseal and knew what to do with it. It's *NOT* for everyone.

The use of notarizating via webcam without personal appearance is what is illegal in most states.

It's really important to know the difference.

Reply by Susan Fischer on 5/14/13 12:12am
Msg #469825

Agree - personal appearance means in person, not pixels. Go

back to the Congress people who tried to give their Oath through the TeeVee - closed circuit or not, it wasn't valid.

I can't imagine changing the meaning of 'in person' to include a facsimile.

Reply by JanetK_CA on 5/13/13 8:46pm
Msg #469818

Are you from VA? I believe lt's illegal in every other state

And in VA, I believe it's primarily used for certain individuals within the federal government who do a high volume of notarization on a regular basis. I know just enough to be dangerous on this, but I understand that it's to be used only in very specific circumstances, requiring a different ID process, approved in advance.

If you're thinking about the webcam notarizations elsewhere, that has been firmly stated as illegal in nearly every state, regardless of some extensive online advertising and what some organizations would have you believe. There have been numerous discussions on that topic here.

Reply by Doris_CO on 5/13/13 9:41pm
Msg #469820

Re: Are you from VA? I believe lt's illegal in every other state

In Colorado you can have an electronic notary public commission. There are a number of states that offer that ability. The person requesting the electronic notarization would still have to appear before you, but you would access the document to be notarized through the computer and you would notarize it with your electronic seal, which I think might be a number. I don't have an electronic notary public commission so someone familiar with this should chime in with more information. And, in Colorado the county court houses are not set up to record an electronic document, so mortgage loans can't be notarized electronically.

Reply by JanetK_CA on 5/14/13 1:48am
Msg #469828

Re: Are you from VA? I believe lt's illegal in every other state

Doh.... You and Marian are right on this, of course. (I've even posted to that effect before myself.) Not sure what I was thinking, but that's what I get for trying to slip in a quick post before dashing out the door!

Reply by John E. Rogers on 5/14/13 8:58am
Msg #469838

Re: Are you from VA? I believe lt's illegal in every other state

eNotarizing is legal in Ohio but there are few guidelines and even fewer notaries who are knowledgeable enough to take it on. Some of us have been talking to the Secretary of State to develop this method.
NNA used to offer training in this but not sure they still do and software is expensive. Numerous lenders have indicated interest in this process but has been suggested, it is not for everyone...yet! Just a matter of time I think as it does make sense. If you can get into the process on the ground floor, I think there is work to be had. jer/oh

Reply by VT_Syrup on 5/14/13 9:26am
Msg #469842

The Lieutenant Governor seems to be in charge of notaries in Alaska. Have you checked with that office?