Posted by anotaryinva on 2/17/11 6:38pm
Msg #373224

This should probably be in leisure, what a joke

For those interested in VA's notary laws. I am just sick.
I sent emails, including alot of your supporting emails to our representatives

I hope the Governor has paper in his fax machine.


http://www.richmondsunlight.com/bill/2011/sb827/

Reply by anotaryinva on 2/17/11 6:41pm
Msg #373225

click on the black box for the video n/m

Reply by MW/VA on 2/17/11 6:47pm
Msg #373227

While we may not be happy with the results, I am aware that

VA has been working on e-notarization criteria for several years. Again, those involved don't necessarily understand the ramifications of this, and what a nightmare it will be for them to institute & enforce. From what I understand it won't go in effect until July, 2012, and has no bearing on what commissioned notaries in the state do.

Reply by Linda_H/FL on 2/17/11 6:51pm
Msg #373228

I'm not even in VA and I'm cringing at the

record-keeping nightmare alone - never mind the "I produed fake ID but the notary couldn't examine it" or "I was significantly impaired but the notary couldn't see that"....

I do know this - if it was instituted in FL I'd not be participating in it...

Oy

Reply by John Schenk on 2/17/11 7:35pm
Msg #373233

Re: I'm not even in VA and I'm cringing at the

(i). In the case of an electronic notarization, "satisfactory evidence of identity" may be based on video and audio conference technology, in accordance with the standards for electronic video and audio communications set out in subdivisions B 1, B 2, and B 3 of § 19.2-3.1, that permits the notary to communicate with and identify the principal at the time of the notarial act, provided that such identification is confirmed by (a) personal knowledge, (b) an antecedent in-person identity proofing process in accordance with the specifications of the Federal Bridge Certification Authority, or (c) a valid digital certificate accessed by biometric data or by use of an interoperable Personal Identity Verification card that is designed, issued, and managed in accordance with the specifications published by the National Institute of Standards and Technology in Federal Information Processing Standards Publication 201-1, "Personal Identity Verification (PIV) of Federal Employees and Contractors," and supplements thereto or revisions thereof.

Identification confirmed by (a) personal knowledge...well that ain't gonna happen often.

(b) an antecedent in-person identity proofing process in accordance with the specifications of the Federal Bridge Certification Authority

I read that to mean that you could go over to the BO's house, I.D. them and then do the online signing, at least in the first part of that provision, but no idea what "specifications of the Federal Bridge Certification Authority" means.

As for (c)....I have no idea WTH that means just from reading it. No doubt there are clarifications in there and having to run to look at specifications of this or that.

Just a quick, knee jerk reaction.

Oh, and keep a copy of the video of the signing????? Well, what does one put that on? A CD? When will CDs become obsolete as floppy discs did? Does each one have to have its own CD? Each one have to have it's own flash drive? Whole thing sounds like a nightmare to me, but clearly it couldn't be stored on your computer for a record as computers CRASH and BURN.

With all these extra girations, and having to maintain this video of the signing, how in the hell would anyone think a notary would perform these acts for less than an in person signing?

I'll have to read more when I get some time. Didn't really have a chance to read the statute, but looks like it sucks to me, and that's certainly not a legal opinion. LOL

JJ

Reply by MW/VA on 2/17/11 8:52pm
Msg #373247

I get more confused by interpretations. This is about

e-notarization, and I don't read anything in here about it having to do with loan signings.
Also, even though we're not REQUIRED to keep a journal in VA or use a stamp, both are required for e-notaries--electronic stamp & electronic journal.

Reply by John Schenk on 2/17/11 9:15pm
Msg #373252

Re: I get more confused by interpretations. This is about

Haven't really read your notary laws, but they're not normally broken out into whether they are loan signings. It's normally just docs to be notarized. Definitely different there.

As for the Electronic Journal, a notary better have that backed up OUTSIDE OF their computer after each and every signing. You crash, you burn, or at least potentially burn at a later date if your puter crashes.

JJ

Reply by jba/fl on 2/17/11 10:15pm
Msg #373262

Re: I get more confused by interpretations. This is about

Fast forward few years. So, your computer crashes, you get new one with all the new technology. The lastest, greatest is now all at your fingertips. You insert old disc, can't be read. What to do now?

Just food for thought.

Reply by CopperheadVA on 2/18/11 11:02am
Msg #373284

Re: I get more confused by interpretations. This is about

<< we're not REQUIRED to keep a journal in VA or use a stamp >>

That's true about the journal, but a photographically reproducible image of the notary's seal has been required since 2008 - so that means either use an ink stamp or use an embosser as long as you apply ink to the raised seal.

Reply by MW/VA on 2/17/11 6:53pm
Msg #373230

I can also tell you that I'm not going to have anything to

do with e-notarization. I can only see it as a liability nightmare from a biz standpoint.

Reply by CopperheadVA on 2/17/11 7:39pm
Msg #373234

Me either n/m

Reply by ikando on 2/18/11 9:23am
Msg #373280

Re: While we may not be happy with the results, I am aware that

I watched the SB827 and all three videos of the HB2318 floor voting process. Ms. Byron, the author of the House bill, stressed that the signer of a video/electronic notary process would personally be known to the notary. If that were the bottom line, why have the other electronic verification processes included? Noting that the other processes involve governmental/industrial electronic verification, it seems to me that this, and the accompanying senate bill, are sponsored by entities that already have those systems in place, and not necessarily applicable to the average notary public. The fact that the electronic notary need not be a commissioned notary public supports my theory.

I also applaud the attempts made by the representative who wanted amendments to cover potential fraud by banks, title companies and attorneys. He got shot down, but at least he was looking down the road for problems.

My additional concern is as others have stated: how does one keep electronically stored video for five years? That was the selling point by Byron--that it is more stringent than the current paper records. Have these representatives not seen the news about hackers into everything from the VA to credit card electronic files? With Photoshop, if a person was so inclined, these records are just as vulnerable as the denigrated paper records.

I appreciate moving forward with improvements to activities resulting from new technology, but I wouldn't be as proud as Senator John Edwards was of the fact that Virginia is the first in the nation to pass this kind of legislation. Sometimes it's not so good to be on the cutting edge.

Reply by jba/fl on 2/18/11 9:37am
Msg #373281

Re: While we may not be happy with the results, I am aware that

Personally known to the notary may only be that the lawyer tells the notary in the job place that you are going to notarize these land deals for our client. Our client, who we personally know as he has met our fee of $400+ per hour and gives us lots of billable hours. You, as a notary, know the client by extension.

Uh - ok. OK? hmmm

Reply by CopperheadVA on 2/18/11 2:15pm
Msg #373311

I voiced my concerns with my state senator, Richard Stuart, but he voted YES anyway!!!

http://www.richmondsunlight.com/bill/2011/sb827/sv0205/