[WSBARP] Remote Notary Public law
marc holmeslawgroup.com
marc at holmeslawgroup.com
Wed Apr 29 13:33:43 PDT 2020
Rich,
Did you ever get a solid answer on whether remote notarization will work in Washington? I’ve got a friend in Hong Kong (U.S. citizen) who needs his wife who is a S. Korean citizen to sign a quit claim deed so they can close on a purchase in King County. The U.S. consulate is closed and not expected to re-open for awhile.
Any ideas for this situation?
Marc Holmes, JD
Holmes Law Group PLLC
2303 W. Commodore Way, Suite 306
Seattle, WA 98199
marc at holmeslawgroup.com<mailto:marc at holmeslawgroup.com>
(206) 357-4224 (ofc)
(206) 849-0853 (cell)
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Rich Holland
Sent: Wednesday, March 25, 2020 12:57 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Remote Notary Public law
Anyone have an idea on how to clarify this? I mean submitting an application to DOL is fine and we will do it, but no way that’s going to be coming back in any sort of ‘helpful’ interval.
Sincerely,
Richard L. Holland
WSBA# 23921
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Maureen Wickert
Sent: Wednesday, March 25, 2020 10:30 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Remote Notary Public law
https://www.dol.wa.gov/business/notary/docs/notary-handbook.pdf<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.dol.wa.gov_business_notary_docs_notary-2Dhandbook.pdf&d=DwMGaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=99mcggAkYERy1-yzGtdxttxOROFWIbbsscjWo0sEDhE&m=XplSZRmiYCJGQoWVgV_hNMzhJdCY1pwBb8K8nYzKeGc&s=XAYHOEX1zyA9hs1P577aQtRZP2iL2FsOniluyKYcaWQ&e=>
Page 7 and in particular page 14 of the above notary handbook from DOL discusses a commissioned electronic notary public. It indicates commissioned notary publics who notarize electronic signatures to electronic documents and not physical signatures remotely. This seems to be directed to industries such as companies handling multiple real estate electronic document transactions.
Very truly yours,
Maureen A. Wickert, Attorney at Law
[cid:image002.jpg at 01D61E3B.8DD4DE10]
14900 Interurban Avenue South, Suite 255
Tukwila, WA 98168
Phone: 206-859-5502
Fax: 206-260-9005
www.wickertlawoffice.com<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.wickertlawoffice.com_&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=hDHe9lm5VBA9VXO3e3szRw&m=JtF0-iGxQ-Vy5r6CwGTsg_-_8Br35iUO-QHBgB-m3vU&s=ufMuwt7xp5o-bGYuTtdCRrkBBIcSJZyCOCaZg0RMuwY&e=>
wickertlaw at comcast.net<mailto:wickertlaw at comcast.net>
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Rebecca King
Sent: March 25, 2020 10:00
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Remote Notary Public law
The SB seems to contemplate that we will need an Electronic Notary Endorsement (application attached). I don’t see where this requirement is waived in the proclamation. Anyone have any thoughts on this?
Warmest regards,
Rebecca King
Attorney
Northwest Elder Law Group
2150 N. 107th Street, Suite 501
Seattle, WA 98133
Main: (206) 937-6102
Direct Line and Fax: (206) 866-6544
Providing Services in Elder Law
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of nestor at pplsweb.com<mailto:nestor at pplsweb.com>
Sent: Wednesday, March 25, 2020 6:26 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Remote Notary Public law
This is good news, any guidance on how is it going to be implemented?
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> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Carla J. Higginson
Sent: Tuesday, March 24, 2020 9:39 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Remote Notary Public law
Colleagues:
Please see the below proclamation from Gov. Inslee moving up the implementation date of SB 5641 (dealing with remote notaries):
https://www.governor.wa.gov/sites/default/files/proclamations/20-27%20-%20COVID-19%20Notary%20%28tmp%29.pdf<https://urldefense.proofpoint.com/v2/url?u=https-3A__www.governor.wa.gov_sites_default_files_proclamations_20-2D27-2520-2D-2520COVID-2D19-2520Notary-2520-2528tmp-2529.pdf&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=hDHe9lm5VBA9VXO3e3szRw&m=JtF0-iGxQ-Vy5r6CwGTsg_-_8Br35iUO-QHBgB-m3vU&s=xGOzDd4QQ_fOObC678-GGxNWHpN35T9i7MFDiwnzZug&e=>
Here are the operative paragraphs:
“FURTHERMORE, based on the above situation and under the provisions of RCW 43.06.220(2)(g), I also find that strict compliance with the following statutory obligations or limitations will prevent, hinder or delay necessary action in providing relief to vulnerable populations and the businesses and professionals that serve them in the provision of estate and end of life planning, travel and adoptions, while applying appropriate social distancing measures, by removing the delayed effective date of and allowing for the new electronic notary services provisions authorized by, Senate Bill (SB) 5641, An Act relating to electronic notarial acts by remotely located individuals, Chapter 154, Laws of 2019, and codified within RCW 42.45, to take effect immediately, which relief is necessary for coping with the COVID-19 State of Emergency under Proclamation 20-05, and that the specific effective date provisions in Section 10 of SB 5641 is hereby waived and suspended, effective March 27, 2020 until midnight on April 26, 2020:
The result of this proclamation is that the delayed effective date in Laws of 2019, ch. 154, § 10 (codified as a note following RCW 42.45.280), is removed and SB 5641, An Act relating to electronic notarial acts by remotely located individuals, will take effect immediately, until expiration of this Order.”
___________________________
Carla J. Higginson, Attorney
Higginson Beyer, P.S. [cid:image003.png at 01D61E3B.8DD4DE10]
Friday Harbor Office:
175 Second Street North, Friday Harbor, Washington 98250 | Telephone: (360) 378-2185 | Facsimile: (360) 378-3935
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HigginsonBeyer.com
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Rob Rowley
Sent: Tuesday, March 24, 2020 11:09 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Dept of Treasury memo Financial Services sector
A Spokane title company:
“Right now, we are considered an essential service and are open for business. We do not allow walk-ins however. We are also moving toward e-recordings only.”
Attorney Robert R Rowley
W: (509) 252-5074
M: (509) 994-1143
rob at rowleylegal.com<mailto:rob at rowleylegal.com>
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of nestor at pplsweb.com<mailto:nestor at pplsweb.com>
Sent: Tuesday, March 24, 2020 10:54 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Dept of Treasury memo Financial Services sector
From financial services page:
“…providers of the critical financial utilities and services that support these functions”.
I was advised that one title underwriter interpreted that memo to include escrow and title services. If somehow one’s practice provides a service related thereto including banking, etc. this could fall under this.
I leave this to everyone’s interpretation. Just forwarding information. Stay safe.
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> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of scott at scottgthomaslaw.com<mailto:scott at scottgthomaslaw.com>
Sent: Tuesday, March 24, 2020 10:26 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Dept of Treasury memo Financial Services sector
I don’t read that memo in the same way. Here is what Gov. Inslee has said: https://coronavirus.wa.gov/sites/default/files/2020-03/EssentialCriticalInfrastructureWorkers.pdf<https://urldefense.proofpoint.com/v2/url?u=https-3A__coronavirus.wa.gov_sites_default_files_2020-2D03_EssentialCriticalInfrastructureWorkers.pdf&d=DwMFaQ&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=hDHe9lm5VBA9VXO3e3szRw&m=JtF0-iGxQ-Vy5r6CwGTsg_-_8Br35iUO-QHBgB-m3vU&s=4wDj_ntECSCSGoo8VxHs3Imxa9owDCm8xbyJOcsPdVs&e=>
From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of nestor at pplsweb.com<mailto:nestor at pplsweb.com>
Sent: Tuesday, March 24, 2020 9:19 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] Dept of Treasury memo Financial Services sector
I just received this.
Nestor Gorfinkel, Attorney at Law
Licensed in Washington & Florida
Florida Civil-Law (International) Notary
ATTENTION - This e-mail message and any attachment to this e-mail message may contain confidential information that is legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately by return e-mail or by telephone at the phone numbers provided herein and delete this message. Please note that if this e-mail message contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any attachments may not have been produced by the sender.
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