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Posted by Bear900/CA on 2/7/22 12:33pm
You nailed it, Linda. Notary law held by the state doesn't correlate with laws regarding property rights such as community property or types of foreclosure, such as judicial foreclosure vs non-judicial foreclosure. There are venues in each instance, one not necessarily affecting the other. I.E., a RON signing for a CA property with a Vermont venue for the notary act is not going to affect the type of foreclosure the CA property my go through with a civil venue in CA.
Still, it's worthwhile thinking about a nationwide law regarding RON. For example, how does that affect State's rights under the Tenth Amendment (think gun control), and there's an argument somewhere there that may explode (forgive the pun). Yet, you have the need to practice interstate commerce to exercise RON. That puts a federal law ahead of a state law and the Tenth Amendment, maybe? I'm just using my limited common sense here.
It may explain (to me anyway) why RON laws put before different Congress sessions and the senate have stalled up till now. I believe the current bill is H.R.3962 - Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2021. There have been others like H.R. 1458 that went before the 109th Congress, easily passed, sent to the senate and never heard from again.
To me, the venue for the notary act may be important for recording purposes and also to verify the legal location of the notary used. If there is notary fraud, I suppose civil action would take place at the venue of signing regardless of property location. JMO
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