[WSBARP] RON -

Fri Mar 20 06:59:52 PDT 2020

See SENATE BILL 5641 going into effect 10/1/2020.  I can tell you from first
hand expereince that since it came into effect 1/1/2020 in Florida it has
been successful.  I know that some Lenders or Parties are still resisting
the use but they will come around and see the value especially in light of
our current circumstances.

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 <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Kary Krismer
Sent: Friday, March 20, 2020 6:15 AM
To: wsbarp at lists.wsbarppt.com
Subject: Re: [WSBARP] RON -

I saw that federal legislation yesterday.  RON is what I referred to
yesterday as something I wasn't crazy about being used today in Washington.
I think the argument that this 2017 act authorized it is flimsy, but not
necessarily frivolous.

http://lawfilesext.leg.wa.gov/biennium/2017-18/Pdf/Bills/Session%20Laws/Sena
te/5081-S.SL.pdf?cite=2017%20c%20281%20%C2%A7%2011.

If you read through it, it does recognize notary acts from other states, but
another section requires the signing party to be physically present with the
notary, without mentioning any exceptions.  I'm just not seeing that that
2017 act authorized remote notary from other states, absent at least a
greater connection to that other state (e.g. the signer was also in
Virginia, as was the remote notary).  Add in the fact that in 2019 the state
did pass legislation on remote notary (effective Oct 1, 2020) and the
argument regarding the 2017 legislation becomes even weaker.

My position on this has been if a bank wants to accept remote notary on
deeds of trust, fine, but my buyers' P&S contracts typically have provisions
prohibiting remote notary on their conveyance deeds to them.  The difference
is a deed of trust is temporary, where a deed continues on after a later
sale if the sale is by warranty deed.  Also, the loss on a deed of trust
should be covered by the lender's policy (assuming the title company stays
solvent), where a loss on a deed might not be fully covered due to market
appreciation.  

That said, I hope this federal RON legislation passes, and quickly.  It is
needed due to this crisis.  Remote notaries (those who go to the signer's
homes) right now are one of the groups on the front lines, like retail
clerks.

Kary L. Krismer
John L. Scott, Inc. 
206 723-2148

On 3/19/2020 6:54 PM, nestor at pplsweb.com <mailto:nestor at pplsweb.com>  wrote:

I just got this from the American Land Title Association:

 <http://lists.altalists.org/t/677415/2746850/22403/5/> Senators Introduce
ALTA-supported Federal RON Bill
U.S. Senators Kevin Cramer (R-N.D.) and Mark Warner (D-Va.) introduced on
Wednesday the Securing and Enabling Commerce Using Remote and Electronic
Notarization Act of 2020, which permits immediate nationwide use of remote
online notarization (RON) with minimum standards and provide certainty for
the interstate recognition of RON. While RON won't be available for every
transaction, it does provide another closing option in some circumstances.
"With the need for social distancing to help prevent the spread of the
virus, we want to provide options to consumers to close their transaction
remotely nationwide," said Diane Tomb, ALTA's chief executive officer. "The
strong standards in this bill are important to prevent fraud and offer
consumers a more secure alternative rather than FaceTime or Skype when
buying property or refinancing a mortgage."

Nestor Gorfinkel, Attorney at Law

Licensed in Washington & Florida

Florida Civil-Law (International) Notary

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