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E-Notarizations in CT???
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E-Notarizations in CT???
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Posted by Shadinct on 3/25/10 11:32am
Msg #328928

E-Notarizations in CT???

This is for the CT Notaries only. I wanted to know if any of you are getting work for Enotarizations? Also, are you charging more for these services? Are companies willing to pay these fees? What companies are you seeing work from? Is there repeat business from them as well? Can you easy attach your electronic seal to any document? If no, what doc's can accept your Eseal? Your answer, help, comments will be very helpful. Thanks.

Reply by John/CT on 3/25/10 11:59am
Msg #328933

Neither E-Notarizations or E-Signings for me.

Not enough work/higher fee to justify the time and expense ... yet. Maybe some time in the future, but not now.

Reply by Linda_H/FL on 3/25/10 12:01pm
Msg #328934

Is CT accepting e-recordings yet? n/m

Reply by John/CT on 3/25/10 12:10pm
Msg #328936

Nope. I was thinking of out-of-state property. n/m

Reply by Shadrack Walker on 3/25/10 12:37pm
Msg #328938

Re: Nope. I was thinking of out-of-state property.

This is the reason why i asked. I spoke with another notary from CT some months back and she said she had done 1 or 2. It was my understanding that Fiserv in Rocky Hill CT was doing them. I read last night and received communications that CT is now going to accept Electronice recordings, see HB 5535.

Reply by Linda_H/FL on 3/25/10 12:54pm
Msg #328941

Shad, HB5535 is about child abuse n/m

Reply by Linda_H/FL on 3/25/10 12:57pm
Msg #328942

Dated 1998 I might add... n/m

Reply by Shadinct on 3/25/10 1:00pm
Msg #328943

Re: Shad, HB5535 is about child abuse

I read it again before I posted it. I'm not sure how you got child abuse?

Reply by Linda_H/FL on 3/25/10 1:06pm
Msg #328945

Can you provide a link to what you're reading?

I don't find anything about it.. it's either child abuse or vote tallying..

Here's what I saw... http://www.cga.ct.gov/ps98/jfr/h/hb-5535-PS.htm

Signed: Former CT resident still very interest in her home state..Smile

Reply by cawest/PA on 3/25/10 1:11pm
Msg #328949

Re: Can you provide a link to what you're reading?

same her vote or child

posted the vote one

Reply by cawest/PA on 3/25/10 1:08pm
Msg #328946

Re: Shad, HB5535 link

http://www.cga.ct.gov/2009/FC/pdf/2009HB-05535-R000151-FC.pdf

Reply by cawest/PA on 3/25/10 1:09pm
Msg #328947

Re: Shad, HB5535 link

that's what I found but than seems to find other stuff as well

Reply by Shadrack Walker on 3/25/10 1:33pm
Msg #328953

Here is the link I found

http://www.cga.ct.gov/.../2008HB-05535-R000232-BA.htm



Reply by Linda_H/FL on 3/25/10 1:54pm
Msg #328958

Link won't work for me...that's okay... n/m

Reply by MW/VA on 3/25/10 4:27pm
Msg #328998

I was not aware that the Fiserv platform was set up for

e-notarizations. Many of the docs are still paper docs, requiring "wet" signatures & notarization.

Reply by Teresa/FL on 3/25/10 6:53pm
Msg #329024

The recordable docs are "wet signed" and notarized in the

traditional way. At least that is how I did one Fiserve eSign a few months ago. I think there were three docs in the package that were eNotarized, but they weren't recordable docs. I am not a fan of the Fiserv platform. The whole process is much more time consuming than the Gemstone system that AmTrust uses.

BTW, Orange County Florida is set up to accept eNotarized docs for eRecording, but I haven't participated in a closing were the recordable docs were eNotarized.

Reply by BobbiCT on 3/25/10 1:37pm
Msg #328954

CT e-Notarizations & e-Recordings ...

1. I haven't heard of anyone who is using a digital signature/seal for an e-notarization. Would love to hear about it. Years ago, I demonstrated the Arcanvas e-notarization process. No one, including M&A attorneys who whisk documents all over the world, was interested in it.

2. The e-Recording Advisory Committee had its first meeting November 2009 (short-form minutes are on-line under the CT State Library). We haven't met again; the CT State Library staff is gathering information and I believe they're adding a State IT member to the group. No Town Clerks are accepting e-Recordings; they haven't the hardware, software or standards to do so. I believe they are probably waiting for the Advisory Committee to finish its task ... and then 169 Towns have to figure how to tax residents to pay for the start-up and what fees to charge for recording to cover costs. Linda/FL: As you can imagine, there's already the issue of how to e-Record deeds and the CT DRS tax simultaneously, because there's also no method to e-file the conveyance tax form and e-submit the funds to pay the conveyance tax. Not to mention we are a "race to record" state; i.e., who's first in line when liens are being filed: the e-recording in the electronic que or the recorder standing at the counter.

Reply by Linda_H/FL on 3/25/10 1:52pm
Msg #328957

Thanks Bobbi - am always interested in news in my old

stomping grounds....



Reply by Shadinct on 3/25/10 2:09pm
Msg #328960

Re: CT e-Notarizations & e-Recordings ...

thanks for the info. I just have one final (maybe) question now. If you do an enotarization, it has to be filed electronically also? Or can the title company or lender just print the doc to paper and submitted it that way for recording? Anyone can answer this, it's not just directed towards you Bobbi.

Reply by Linda_H/FL on 3/25/10 2:16pm
Msg #328962

Re: CT e-Notarizations & e-Recordings ...

I'll defer to Bobbi's expertise but I do believe CT is a "wet signature" state (like most counties in Florida)- so original signed docs are required - not electronically reproduced docs/signatures for recording.

So, if you do an e-signing, you'll need to print the Mortgage Deed and get a "wet" signature for recording.

Fix me if I'm wrong...Smile

Reply by Shadinct on 3/25/10 2:28pm
Msg #328964

Re: CT e-Notarizations & e-Recordings ...

where would i go to confirm the "wet signature" requirement?

Reply by Linda_H/FL on 3/25/10 2:34pm
Msg #328965

You'd have to check the statutes...I don't recall what

chapter it is any more..been 4 years..or check Standards of Title at the CT Bar Association..

Or...wait til Bobbi comes back..Smile

Reply by Shadinct on 3/25/10 2:36pm
Msg #328966

Re: You'd have to check the statutes...I don't recall what

Okay, thanks for the info.

Reply by Linda_H/FL on 3/25/10 3:06pm
Msg #328972

Try searching around here using keywords


http://www.cga.ct.gov/lco/LCOtables.asp

You can also call your local town clerk - they should be able to tell you or point you in the right direction.

Reply by BobbiCT on 3/26/10 6:53am
Msg #329055

CT isn't so much "wet" or "dry" ...

There's multiple statutes, cross-references, Standards of Title, etc. Even the professional real estate attorneys I was with last night couldn't remember the Exact references. Not necessary a "wet signature only," but as of today, what entity within the State of CT would accept a computer printout of a deed as the "signed, witnessed and notarized original." Not only would the borrower and notary have to be e-signing, so would the two disinterested witnesses.

In short, non-legalese, here's the issue with an all-digitally signed mortgage deed: Town Clerks must record the "original". If you hand a computer print-out of a mortgage deed with no "wet" signatures, how does the Clerk KNOW this is the Original and not a copy? Think of a "wet" acknowledgment of a digital signature: Your signature is "original," but you'd want to document in your records that you took an acknowledgment for a print-out copy of the borrower's signatures, not traditional pen-and-ink signatures. Again, how would the recording Clerk know that you didn't notarize a copy, not the "original signatures." This is another issue the e-Recording Advisory Committee is considering: With an all e-document, EVERY print-out from the Land Records is potentially an "original." In the event of a lawsuit or fraud case, there is no one "signed" original document to present to the Court or examine. Until all CT's intertwined laws and title standards are reviewed and confirmed or made cohesive, this is just one issue.


 
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