[WSBARP] Notary rulemaking update

Tue Feb 13 16:32:02 PST 2018

Agreed.  How can you evaluate duress or mental capacity. This can be a real
pandoras box. 

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

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From: wsbarp-bounces at lists.wsbarppt.com
[mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of Gregory L. Ursich
Sent: Tuesday, February 13, 2018 4:03 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Notary rulemaking update

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. 

Gregory L. Ursich | Shareholder

Skyline Tower, Suite 1500 | 10900 NE 4th Street | Bellevue, WA 98004

P: 425.450.4258 | F: 425.635.7720

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From: wsbarp-bounces at lists.wsbarppt.com
<mailto: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 <mailto: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
 <mailto:nick at pleasantslaw.com> nick at pleasantslaw.com

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