[RPPTL LandTen] Online Notary??

Tue Nov 22 05:28:06 PST 2016

I believe this is the relevant law in Virginia. http://law.lis.virginia.gov/vacode/title47.1/

If this would not get too much opposition, it should be an easy bill to write up, get sponsors for and pass.

Harry

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From: landten-bounces at lists.flabarrpptl.org [mailto:landten-bounces at lists.flabarrpptl.org] On Behalf Of Arthur J. Menor
Sent: Monday, November 21, 2016 8:32 PM
To: RPPTL Landlord Tenant Committee
Subject: Re: [RPPTL LandTen] Online Notary??

The Real Property Problems Study Committee is currently studying the possibility of proposing a Florida remote notarization statute like Virginia's. 

Sent from my iPhone

On Nov 21, 2016, at 6:54 PM, Sebastian Jaramillo <sebastian at lawjb.com> wrote:

I researched this matter for a Deed or a POA to execute a Deed. This deals with the conveyance of real property, so not exactly on point but a good starting point, from the Fund's Concept:

Sec. 689.01, F.S. requires signing in the presence of two subscribing witnesses and Sec. 695.03(1), F.S. requires the acknowledgment to be made before the notary public. Additionally, Sec. 117.107(9), F.S. requires that the acknowledgment must be made in the presence of the notary public which cannot be done under these circumstances. A video link does not constitute being physically present. In addition, it may be difficult to confirm with any certainty that the identification documents are authentic. Photocopies or scanned images of identification documents may not transfer the verification features like ultra-violet sensitive ink or laser holograms and can be manipulated with commonly available software, making verification of identification difficult to establish.

Sebastian Jaramillo, Esq.

Florida Board Certified in Real Estate Law

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On Mon, Nov 21, 2016 at 6:40 PM, Harry Heist <harry at evict.com> wrote:

My clients often have their owners execute a POA so they can sign the lease for the owner.

I am reading about the legality of online notaries and it appears Virginia has this using webcam.

Sometimes an owner is in a foreign country where notary services are extremely expensive.

Anyone have experience with this?

Would it be legal for an owner to use one of these to give POA for a property manager to sign the lease here in Florida?

Harry

LAW OFFICES OF 
HEIST, WEISSE & WOLK P.A.
PH: 1 800 253 8428 <tel:1%20800%20253%208428> 
FAX: 1 800 367 9038 <tel:1%20800%20367%209038> 
"Serving the Property Management Professional"
Website:   <http://www.evict.com/> www.evict.com 
Email:  <mailto:harry at evict.com> harry at evict.com

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