Posted by grapebed on 11/13/12 8:21pm
Msg #443289

Anybody get an eclosing survey from FASS?

I just got an email from FASS. It is a survey about my eclosing experience.

What is this all about?

Reply by mtnotary on 11/13/12 11:49pm
Msg #443307

I did n/m

Reply by Karla/OR on 11/13/12 11:51pm
Msg #443309

I filled it in as asked and replied it back to them. I, to, wish I knew what it was about. I have never done e-closings before.

Reply by Frank/NC on 11/14/12 10:10am
Msg #443325

I've done 5-6 over the last year. You do need a portable modem as well as a laptop or tablet. Some areas here don't have a good enough signal so they are unable to do the e-closings.
In addition, don't forget that if you do the e-closings, they require printing out documents as well. I also print a copy of the e-close documents for the borrower. What all this means is that you should charge more for them, They can be more of a PITA than they are worth.

Reply by 101livescan on 11/14/12 12:04pm
Msg #443348

I got it. Although I am provisioned for this work, I rarely accept it, especially when I'm so busy. Doesn't pay any more and it takes longer, yada yada. Sometimes there is no connectivity when you're in canyons and the mountains so makes it difficult/impossible to conduct esigning and frustrating to both borrower and NSA.

Reply by Paula/OR on 11/15/12 12:00am
Msg #443464

Oregon statute does not allow e-signings. Be sure to check with your Sec. of State before you accept these.

Reply by Teresa/FL on 11/15/12 7:42am
Msg #443477

As has been stated before on this forum,

eSigings and eNotarizations are 2 different things.

Which one is the subject of the FASS survey?

Reply by Teresa/FL on 11/15/12 7:45am
Msg #443478

Although Oregon prohibits eNotarization, do they also

prohibit eSigings, which do not include eNotarizations?

Reply by VT_Syrup on 11/15/12 9:09am
Msg #443488

eNotarization forbidden in Oregon?

I wonder if the information about no eNotarization in Oregon is up-to-date. On the one hand, there is a law in Oregon that seems to allow it:

"84.031 Notarization and acknowledgment. If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record. [2001 c.535 §11]"

(Available at http://www.leg.state.or.us/ors/084.html )

On the other hand, the Secretary of State's website says no:

"Oregon notaries public are not authorized under current law to perform electronic notarizations."

(Available at http://www.filinginoregon.com/pages/notary/notary_news/index.html )

Too bad the Oregon Secretary of State does not always bother to indicate which law backs up the website claims. I wonder if the Oregon SOS means there is a law that actually forbids eNotarization, or if the SOS just means that there is no law setting out rules about how to do it.

Reply by Paula/OR on 11/16/12 11:07am
Msg #443626

Re: eNotarization forbidden in Oregon?

Oregon Statues revised in 2012 forbid eSignings AND eNotarization when subject to Chapter 94 real estate transfers. You have sited Chapter 84 which is commerical commerce like paying bills online. I am not an attorney but I believe this is so Oregon retains juristdiction on real estate transactions. Oregon blocked all foreclosures by MERS last year. Now all foreclosures must be judical not just published anouncements. I was offered an eClosing this summer. I called the SOS and said that I would wet copy all notarized docs however other docs in the package would be acknowledged on the computer in a secure site. SOS said not legal in Oregon even if property is out of state. Please everyone, call your SOS before you agree to these signings. Many laws have changed in response to the housing crash.

Reply by Paula/OR on 11/16/12 11:10am
Msg #443627

Correction ORS Chapter 93 not 94 sorry n/m