MW/VA wrote " Also, an electronic notary seal isn't necessarily required. Some are being done with an electronic seal, but some are done in the traditional way. E-signing are not necessarily online closings. "
There are a few different ideas mixed in here.
"an electronic notary seal isn't necessarily required". True. Some states don't even require a seal for paper notarizations. Some of the ones that require a seal for paper don't require it for electronic notarizations; it suffices if the same information that appears on a paper seal appears somewhere in the acknowledgement or jurat certificate (like the notary's name, commission number & expiration date, etc.).
"but some are done the traditional way". Maybe this refers to signings where the non-notarized documents are e-signed but the notarized documents are printed and both the signer and notary sign with a pen.
" E-signing are not necessarily online closings." I can think of several variations (whether a notary can do some of these depends on the state). Moving from more traditional to less traditional:
1. The notarized docs are done on paper. The other docs are esigned on the signer's computer without any online connectivity. (I've never heard of any title company choosing this route.)
2. The notarized docs are don on paper. The other docs are esigned online.
3. All the docs are esigned on some combination of the signer's computer and the notary's computer. The notary uses a digital certificate; the signer might use a digital certificate, or might just type his/her name as a signature. There is no online connectivity. Docs are moved back and forth between the notary and signer's computer using a thumb drive. (The only case I've heard of for this was a New Jersey waste hauler license renewal form, which turned out to be a very bad idea indeed.)
4. All the docs are esigned online, and the notary and the signers are all in the same room. This is what Pavaso is proposing.
5. All the docs are esigned, and the notary is not physically present; the "appearance" is by webcam. This has been done at least once. |