Posted by Claudine Osborne on 3/28/11 9:57pm Msg #377740
Web cam notary
I had a telephone conversation with someone needing his title notarized. He had purchased a car from someone and the seller signed the title and did not have it notarized (required in Ohio) and gave the buyer the title. Buyer calls me, wants to know what to do now? Then he goes on to explain that he really wants this notarized properly..He has another notary that he uses and she told him she could notarize the buyers sign via webcam! I was so surprised..I asked him for her name but he would not tell me! I asked him not to do it! Advised him to call title bureau. UGH
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Reply by BrendaTx on 3/28/11 11:12pm Msg #377742
That's going to happen more and more until a bad situation comes of it and it is pushed to a decision in a court.
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Reply by Susan Fischer on 3/29/11 12:34am Msg #377745
On TeeVee is not "Personally appeared." New members of
Congress found that out.
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Reply by Dawn/PA on 3/29/11 6:58am Msg #377752
Car titles in PA are required to be notarized as well. In PA, the seller can resign the title in the presence of a notary. I hope he called the department of vehicle services.
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Reply by MW/VA on 3/29/11 8:22am Msg #377754
I wonder how many untrained, uninformed notaries are out there that have no clue that this new "trend" isn't legal. Except that we keep informed through the forums, etc., how would we know? It's been rumored that XYZ worked both sides of this issue in VA, actually supporting the very people who were working to get it passed, while publicly making it sound like they were outraged. hmmmmm
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Reply by BrendaTx on 3/29/11 8:47am Msg #377755
You will find that entities and individuals who cannot capitalize on it will be against it.
Those who can will be for it. I predict a switching of sides by most as soon as the technology is available.
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Reply by BrendaTx on 3/29/11 9:21am Msg #377759
How would I know that it is not legal?
As a notary, I would know right away, forum or no forum.
I have had good common sense most of my life.
For something that is completely different like the web cam notarization is, I would have tickled my google a time or two, and then I would have picked up the phone and called the secretary of state. No excused for the "untrained" not to check with their commissioning office about a new type of process.
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Reply by James Dawson on 3/29/11 10:07am Msg #377763
Re: How would I know that it is not legal?
>>>>>>>> I have had good common sense most of my life. <<<<<<
There's the answer!!!
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Reply by JanetK_CA on 3/29/11 10:09am Msg #377764
Unfortunately, it's not a prerequisite to becoming a notary! n/m
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Reply by James Dawson on 3/29/11 10:32am Msg #377767
I guess common sense is no longer common eh? LOL n/m
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Reply by BrendaTx on 3/29/11 11:49am Msg #377785
That's kind of my point. And, why is that?
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Reply by BobbiCT on 3/29/11 1:17pm Msg #377801
1. Does your state require "personal" (aka signer physically in presence of notary) appearance or just "appearance"? Ask the Legal Dept. of your Commissioning Office, request a written opinion.
2. The Revised Uniform Law on Notarial Acts, 2010, written by the National Conference of Comm. on Uniform State Laws, which has been introduced in various states to replace current laws does NOT REQUIRE "personal" appearance before a Notary Public. (PAW or Brenda, please prove me wrong.)
There is no definition of "appear" and there is no "personally appeared before" language. The signer only has to "appear" before the notary. Without a definition of what "appear" is, it leaves the word "appear" open to any form of interpretation. Hence, webcam, picture on an iPhone, Skype, or a 1" square of a head in the corner of a document over the internet that is talking or communicating via instant text message.
I hope CT does not replace all our existing laws with the Revised Law. There is much that CT defined that will be eliminated under the "Revised Uniform Law," particularly considering when the Uniform Law was adopted there were CT specific changes made to it.
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Reply by BrendaTx on 3/29/11 2:54pm Msg #377821
Re: Web cam notary - okey dokey....:)
http://www.nass.org/index.php?option=com_docman&task=doc_download&gid=1084
NASS.org is the official association where states are represented with a member of the Sec. of State's office from each state.
This report was published in Feb. 2011.
Read page 10
"As previously mentioned, all states require that an individual seeking to have a document electronically notarized appear in person before the notary at the time of notarization. Colorado’s law specifically emphasizes that electronic notarization is not remote notarization–the signer must appear in the presence of the notary and swear, affirm, or acknowledge the electronic document being notarized."
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