[WSBARP] Remote Notary Public law

Rebecca King rebecca at nwelg.com
Wed Mar 25 09:59:35 PDT 2020


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 <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of nestor at pplsweb.com
Sent: Wednesday, March 25, 2020 6:26 AM
To: 'WSBA Real Property Listserv' <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

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:image001.png at 01D6028B.E1FAD470]
Friday Harbor Office:
175 Second Street North, Friday Harbor, Washington 98250 | Telephone: (360) 378-2185 | Facsimile: (360) 378-3935
Seattle Office:
701 Fifth Avenue, Suite 5500, Seattle, Washington 98104 | Telephone: (206) 623-8888 | Facsimile: (360) 378-3935

carla at higginsonbeyer.com<mailto:carla at higginsonbeyer.com>
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

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.

P Please consider the environment before printing this e-mail.




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

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.

P Please consider the environment before printing this e-mail.


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