[WSBARP] Notary rulemaking update

Tue Feb 13 16:02:32 PST 2018

Electronic notarization for conveyance deeds is just an invitation for forgeries and fraud.  The whole purpose of the notarization process is to evaluate identity and capacity to sign a document.  The Electronic  method takes all of that away.

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Gregory L. Ursich | Shareholder
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From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Kary Krismer
Sent: Tuesday, February 13, 2018 3:32 PM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] Notary rulemaking update

I started a bit of discussion in a different group about remote notaries.  Stewart is reportedly not even waiting for the new laws to kick into effect.

Personally I don't care if banks want to accept that--it would make the process easier and if it didn't work they should seemingly be able to rely on their title insurer (e.g. Stewart) to pay off the amount of the loan.  Outside of bankruptcy I'm not seeing how that would impact the debtor, and there the impact might be positive if it allowed funds to go to a non-dischargeable debt.  The downside might be a trustee selling a property when they wouldn't otherwise be able to do so.  But at least on the buyer's side the buyer should be able to control things.

My concern is more about the conveyance deed.  Title insurance might not be able to fully compensate the buyer, and the choice to use a remote notary would be entirely the seller's!  I'm toying with the idea of adding a clause on my buyer contracts prohibiting the practice, but in this market even something like that could lead to another buyer winning out.  My best hope is that the statewide forms drafters will react.

Kary L. Krismer

John L. Scott/KMS Renton

206 723-2148
On 2/13/2018 1:55 PM, Nicholas Pleasants wrote:
Hello Real Property Listserv,

As I am sure most of you are aware, the new rules for notaries are going into effect on July 1, 2018. There was a helpful summary of the main changes in our section's newsletter, Summer 2017 edition, page 19.

I am planning to attend the rulemaking meeting this Thursday to get more clarity about the electronic notary process (e.g. I have clients overseas that would love to do an electronic notary, but this seems to conflict with the restriction that my notary license only works inside Washington state). If anyone has specific questions about the implementation of new RCW 42.45 and WAC 308-30, I would be happy to take those to the DOL and report back. I've attached the agenda for reference. And if some of you will also be attending, I will look forward to seeing you there.

Best,
Nick Pleasants

Nicholas Pleasants
James Pleasants, P.C.
2300 130th Ave NE, Suite A-101
Bellevue, WA 98005-1755
(425) 615-7070 tel.
(425) 497-0799 fax
nick at pleasantslaw.com<mailto:nick at pleasantslaw.com>
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