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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Messages in this Thread |
| Sunday musings...why is venue important? - Lee/AR on 2/6/22 2:38pm |
| Can't give law/quotes...just my best opinion - Linda_H/FL on 2/6/22 3:34pm |
| Agree... so how would foreclosure (for example) happen - Lee/AR on 2/6/22 3:42pm |
| Re: Agree... so how would foreclosure (for example) happen - VT_Syrup on 2/6/22 4:19pm |
| Real property laws are governed by the state where - Linda_H/FL on 2/6/22 4:26pm |
| Re: Real property laws are governed by the state where - Bear900/CA on 2/7/22 12:33pm |
| Re: Sunday musings...why is venue important? - VT_Syrup on 2/6/22 4:01pm |
| Re: Sunday musings...why is venue important? - VT_Syrup on 2/6/22 4:05pm |
| Re: Sunday musings...why is venue important? - MikeC/TX on 2/6/22 6:31pm |
| Sounds reasonable...except when it's wrong - Lee/AR on 2/6/22 7:15pm |
| Hey Attorney...why is venue important? - Signerbill on 2/7/22 12:07pm |
| VENUE is only important if it's wrong, or does not appear - Cheryl Elliott on 2/7/22 6:15pm |
| Re: VENUE is only important if it - MikeC/TX on 2/7/22 7:09pm |
| It read like NNA, but... - NVLSlady/VA on 2/7/22 7:26pm |
| You may be thinking of the CA Ack wording... - Bear900/CA on 2/7/22 7:45pm |
| Re: It read like NNA, but... - JanetK_CA on 2/7/22 7:50pm |
| Re: It read like NNA, but... - NVLSlady/VA on 2/8/22 9:09am |
| Re: thank you, Mike, for doing that n/m - Cheryl Elliott on 2/7/22 9:46pm |
| Re: PAW always said “venue is where your feet were planted - Carolyn Bodley on 2/7/22 6:18pm |
| Re: PAW always said “venue is where your feet were planted - Expeditor on 2/8/22 12:15pm |
| Re: Sunday musings...why is venue important? - JanetK_CA on 2/7/22 8:40pm |
| Notary venue only important to notarization block n/m - BobbiCT on 2/8/22 9:07am |
| Oops. Notary venue only important to notarization block - BobbiCT on 2/8/22 9:41am |
| THANK YOU, BobbiCT, for your excellent explanation! n/m - Lee/AR on 2/8/22 11:25am |
| Re: THANK YOU, BobbiCT, for your excellent explanation! - Cheryl Elliott on 2/8/22 12:07pm |
| Re: Sunday musings...why is venue important? - Expeditor on 2/8/22 12:02pm |