[WSBARP] Remote Notary Public law

Wed Mar 25 11:31:10 PDT 2020

The handbook is for notary laws for today. The tricky part of the new remote notary laws is the mechanics of performing such duty. Saving a video recording will be a problem for some. I would suspect a journal may be necessary for belt and suspenders if a question comes up done the road about a remote notary.  The new remote notary law indicates the notary certificate must state the method of communicating, but I wish there were more in the way of explanations. 

If we have to wait and make some type of application with DOL, it will only increase our burden.  

Docverify appears to be a third-party vendor that serves electronic or remote notaries.  However, it may be more expensive than Zoom if the need is only for recorded video.   

https://www.docverify.com/Products/E-Notaries/Electronic-Notary-and-Remote-Notary-Platform/Electronic-Notary-Washington 

Very truly yours,

Maureen A. Wickert, Attorney at Law

14900 Interurban Avenue South, Suite 255

        Tukwila, WA 98168

       Phone: 206-859-5502

         Fax: 206-260-9005

      <http://www.wickertlawoffice.com/> www.wickertlawoffice.com

        <mailto:wickertlaw at comcast.net> wickertlaw at comcast.net

This electronic message contains information which may be confidential and/or legally privileged. The information is intended for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this transmission is prohibited. If you have received this electronic transmission in error, please notify me by telephone or by email immediately.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jeanne Dawes
Sent: March 25, 2020 11:20
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Remote Notary Public law

I’m not sure the Gov’s Order works at all.  This is from the Notary Handbook Maureen sent out.

Limitations on electronic notarization RCW 42.45.180; WAC 308-30-110(3); WAC 308-30-200 While the incoming laws and rules allow notaries with electronic records endorsements to perform notarizations on electronic documents, there are two major limitations that you should keep in mind. The first major limitation is that every party to the notarial act must still be physically present with you during the notarization. This means that even though the documents are electronic, the signing parties must still be signing these electronic documents on a computer in front of you. This is in contrast to another notary topic, known as remote notarization, where notaries may notarize documents over online communications software such as Skype, Facetime, or Google Hangouts. Washington law does not authorize notaries to perform remote notarizations. This publication provides general information concerning your rights and responsibilities. It is not intended as a substitute for specific Legal advice. This information is current as of July 1, 2018. Page 15 The second major limitation has already been discussed, which is the journal requirement. The journal requirement is the same for electronic notarial acts as it is for all other notarial acts: each notarial act must be recorded in your journal. As stated above, a notary’s physical journal must contain records of all notarial acts, including electronic notarial acts. Electronic notarial software may create an electronic journal as a duplicate, but even then, you must record the act in your physical journal.

Jeanne 

Jeanne J. Dawes

Attorney at Law

Gore & Grewe, P.S.

103 E. Indiana Avenue, Suite A

Spokane, WA 99207-2317

Voice:  509-326-7500

Fax:      509-326-7503

 <mailto:jjdawes at goregrewe.com> jjdawes at goregrewe.com

INFORMATION CONTAINED IN THIS E-MAIL TRANSMISSION IS PRIVILEGED AND CONFIDENTIAL.  

From: 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://www.dol.wa.gov/business/notary/docs/notary-handbook.pdf    

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

14900 Interurban Avenue South, Suite 255

        Tukwila, WA 98168

       Phone: 206-859-5502

         Fax: 206-260-9005

      <http://www.wickertlawoffice.com/> www.wickertlawoffice.com

        <mailto:wickertlaw at comcast.net> wickertlaw at comcast.net

This electronic message contains information which may be confidential and/or legally privileged. The information is intended for the use of the individual or entity named above. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this transmission is prohibited. If you have received this electronic transmission in error, please notify me by telephone or by email immediately.

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

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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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.     

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

 <mailto:carla at higginsonbeyer.com> 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

 <mailto:rob at rowleylegal.com> 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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