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- Using a remote online notarization vendor vs. setting up your own RON system: 3 tips
When you're ready to perform remote online notarizations, there are two choices getting started. Many Notaries sign up with a RON vendor who will provide any required software and tools for online notarization. Some prefer to independently purchase their own identification, remote notarization, and recordkeeping solutions without relying on a vendor. Which choice is best for you? The answer depends on three important factors. 1. Some states require the use of approved RON vendors. Some state RON laws require Notaries to use a RON vendor. In states such as Indiana and Michigan, Notaries must use a RON vendor chosen from an approved list. Florida Notaries must use a RON vendor compliant with state law, but the state does not recommend or endorse specific companies. In these states, you can't set up your own independent RON system. Other states may allow Notaries more flexibility to choose. In Texas, for example, Notaries may sign up with a RON vendor or use their own RON system. However, if you decide to go independent, remember you can't just start making video calls and performing RONs however you want to. Any system you use for remote online notarization must meet all your state's requirements. 2. RON vendors are an easy way to get started — but have additional costs. The advantage of using a RON vendor is that it allows "one-stop shopping" for Notaries starting remote online notarization services. Vendors typically set up any RON necessities for the Notary in one package, such as: Identify verification software. Electronic signature systems. Secure storage for video recordings of remote online notarizations. Some vendors also will provide Notaries with digital certificates, electronic seals, or training and tech support for their platform, which can be very helpful for Notaries who have little or no experience with RON or electronic documents. A RON vendor's platform is designed to be user-friendly while obeying all state RON laws, said Joshua Curry, Customer Success Manager for SIGNiX. At the same time, this convenience comes with additional costs. RON vendors typically charge fees for using their services and some may require the Notary to split a portion of their notarization fees with the vendor. Another factor that can affect choosing a vendor is high demand due to COVID-19. Nationwide use of RON has skyrocketed this year due to pandemic safety concerns. Some Notaries have told the NNA they experienced delays signing up with vendors in some states due to the large number of new Notaries applying to perform RONs. Because of this, if you want to use a RON vendor, you may wish to allow extra time for possible delays getting started, depending on local demand. 3. Setting up your own RON system may save money — but requires extra skill and responsibility Phyllis Traylor of San Antonio, Texas, wanted her own state-compliant personal RON system. She found an identity-proofing service to identify her signers remotely, purchased her own digital certificate and uses Adobe software to electronically sign documents. All this required researching and purchasing different products and setting everything up herself, but Traylor said it significantly reduced her startup costs. "I probably would have paid 3 times as much to join a RON vendor," she said. At the same time, she acknowledged that setting up her own system took more time and effort, and may not be an ideal choice for Notaries lacking experience with software installation and other tech skills. "You need to be at least somewhat tech-savvy. Not an IT professional, but you must be comfortable working with technology," said Traylor, who said her experience teaching courses in Adobe and Microsoft business software at local colleges helped her find the right technology solutions. "If you want to set up your own system, you need to understand the requirements for RON in your particular state and make sure you meet those state requirements," she added. Final thoughts Whatever path you choose to set yourself up as a RON, always be sure you comply with all state laws, protect the privacy of your signer's documents and ensure all your remote online notarizations are properly performed. If you need assistance, the NNA has state-specific RON information available to help you. David Thun is the Assistant Managing Editor with the National Notary Association.
- Four questions Notaries should ask when choosing a RON vendor
If you want to start performing remote online notarizations (RON), you will likely need a RON vendor who will provide the tools for you to perform RONs and securely store your electronic records. But how do you choose the vendor that’s best for you? When selecting a RON vendor, be sure to ask these four important questions: 1. Does the RON vendor fully comply with all of my state’s laws? The first and most important question is if the vendor is fully compliant with your state’s RON laws. Some states, such as Wisconsin, have a set list of approved vendors, and Notaries may only select one from the approved list. Other states, such as Florida and Texas, allow Notaries to choose any RON technology provider as long as the vendor complies with all state rules and statutes. “It’s essential to know if the provider is compliant with state laws or officially approved,” said Pem Guerry, executive vice president of SIGNiX. When choosing a vendor, be sure to ask if the vendor provides secure storage and protected access to any RON records you are required by law to keep, such as audiovisual recordings of your notarization sessions or electronic journal records. If you find out a RON vendor isn’t approved by your state or doesn’t meet your statutory requirements, you’ll need to look elsewhere. 2. Does the RON vendor provide training and tech support for their system? A vendor may offer a great RON system, but it won’t be much help if you don’t know how to properly use it. When choosing a RON platform, ask if they offer training how to use their system and technical support if you encounter problems with the system when performing a RON. “My number one question when choosing my RON provider was if they provided phone support,” said Tracee Jordan, a remote online Notary in Houston, Texas. “I have a large clientele and I need to have access to tech support on demand when things are happening.” 3. Will the vendor provide you with a digital certificate or electronic seal for RONs, or will you need to purchase your own? Depending on your state’s requirements, you may need a digital certificate or electronic seal to perform RONs. When looking for a RON vendor, you should ask if the vendor provides Notaries with a digital certificate or eSeal, or if you will need to purchase your own. For example, Pat Kinsel, CEO of Notarize, said his company provides electronic seals for RONs that are fully compliant with each state’s RON laws. For digital certificates, Notarize prefers Notaries obtain their own digital certificate from an authorized provider to ensure full compliance with state rules. “Since some states require the digital certificate to be in the Notary’s possession, so we refer Notaries to a trusted issuing authority to purchase their digital certificates,” Kinsel said. 4. How much will it cost you to get set up with the vendor? Budget is an important part of any Notary’s business. When researching potential RON tech providers, be sure to ask how much it will cost to get set up with them so you can determine if the expense is affordable for your business.
- eNotarization, RON, eSignatures and eClosings: What's the difference?
There is a lot of confusion about electronic notarizations, electronic signatures, remote online notarization (RON) and how they differ. Here are basic definitions of these terms to help clarify the differences between terms and processes. Electronic Signatures Any time you make a purchase with a credit card and are asked to sign a digital pad, or type your PIN to get money out of your bank’s ATM machine, you’re using an electronic signature or eSignature. Anytime you make a purchase on the internet and click the “submit order” button, you are electronically signing a purchase agreement. Electronic signatures have become commonplace in the retail world, and they also are becoming commonplace in larger transactions, such as making an offer on a home purchase. eSignatures can be made in a number of different ways, but they are considered as legally valid as a signature on a paper document (often called a “wet” signature). Electronic Notarization Electronic notarization, or eNotarization, is essentially the same as a paper notarization except the document being notarized is in digital form, and the Notary signs with an electronic signature. Depending upon state law, the information in the Notary’s seal may be placed on the electronic document as a graphic image or other available means. But all other elements of a traditional, paper notarization remain, including the requirement for the signer to physically appear before the Notary. Remote Online Notarization (RON) Many people confuse eNotarization with remote online notarization, believing they are the same. They are not. Remote online notarizations (sometimes called "webcam notarizations") make use of video and audio technology on the internet to allow signers to appear before and communicate with the Notary in real time during the notarization. With traditional notarizations, the signer is in the Notary’s physical presence. 25 states have enacted permanent remote online notarization laws. During the COVID-19 emergency, many other states have issued emergency remote notarization rules temporarily authorized Notaries to perform RON or other types of remote notarization as an alternative to face-to-face contact during the pandemic. eClosing An eClosing or electronic closing is a mortgage closing in which all the documents remain in digital form. They are signed, notarized and returned to the title company or lender in digital form, and nothing is printed out. An eClosing can be conducted with the borrowers and Notary in each other’s physical presence or online using video-audio technology. Online Closing An online closing is an electronic closing that is conducted online without the borrower and Notary being in each other’s physical presence. The personal appearance requirement for the notarization is satisfied via the internet using webcam technology. iClose iClose is a web-based closing system offered by one settlement services provider. With this system, the borrower physically appears before a Notary to sign a limited power of attorney (LPOA) in paper form. The LPOA allows a representative of the title company or lender to sign the borrower’s mortgage documents. Typically, the borrower will then log onto the iClose system to review and approve the loan documents using an electronic signature. The title company or lender representative signs all paper documents in the closing package, including the Mortgage or Deed of Trust, and a title company or lender Notary notarizes the representative’s signature.
- Understanding Notary technology: eSeals, eSignatures and digital certificates
Notarization used to be simple: the signer appears before the Notary with a signed paper document; the Notary identifies the signer; the Notary completes the notarization, signs with an ink pen and affixes a physical seal impression. It’s not that simple anymore. Today, Notaries in many states are authorized to notarize electronic documents, sign with a signature pad or by clicking a button on a computer screen. Notarizations can not only be done without paper (aka “In Person Electronic Notarizations” or “iPEN”), but states permitting remote online notarization (aka “RON”) even authorize the Notary and signer to interact remotely while hundreds or even thousands of miles apart. As technology plays an increasingly important role in notarizations, many states are requiring Notaries to obtain and use electronic signatures, electronic seals and digital certificates in order to perform iPENs or RONs. But if you aren’t deeply versed in tech-speak, understanding what these different tools do, how to use them and how to make sure they comply with your state’s Notary laws can be extremely confusing. In this article, we’ll look at three tools used for paperless notarizations — electronic seals, electronic signatures, and digital certificates — explain what they do and answer some of the most confusing questions they raise for Notaries. Electronic Notary seals Of these three types of electronic tools, an electronic seal is perhaps the easiest to understand. Basically, an electronic seal serves the same purpose for electronic documents that an ink seal or embosser does for paper — it shows the document was notarized and provides information about the Notary who did it. Depending on individual state laws, an electronic seal could take different forms. It might be an electronic image such as a JPEG, PDF or other file format. But in general, the seal must include similar information to a physical seal. When a notarized electronic document is opened, information about the Notary contained in the electronic seal should be readily visible to the person viewing the document. “What we specify is that the electronic seal must look virtually the same as a tangible, physical seal when viewing an electronic document,” said Lori Hamm, Notary Program Specialist with the Montana Secretary of State’s office. Hamm added that Montana lawmakers wanted to make sure that anyone viewing a notarized electronic document could easily see that the document has been notarized. Just as with traditional seals, a Notary must take steps to secure the seal and make sure no one else can access and use the seal without the Notary’s knowledge. Some Notaries keep their eSeal stored on an approved technology platform’s server accessible only with the correct password. Others might choose to store the seal on their personal computer’s hard drive. However the eSeal is stored, it needs to be protected. “Electronic seals follow the same rules and guidelines as physical seals in terms of issuing and securing them,” Hamm said. Notaries and electronic signatures Just as an electronic seal is the equivalent of a physical ink stamp or embosser, an electronic signature serves the same function as the Notary’s handwritten signature. An electronic signature can take many forms — an image of a handwritten signature affixed to the document, a signature created by writing on an electronic signing pad or even just clicking an “Accept” button on a computer screen. “It’s easiest if you think about what Notaries do in the paper world first. The same logic applies to the electronic means for performing a notarization,” said Tim Reiniger, an expert on information governance law and policy and the director of Timothy Reiniger LLC in Cape Elizabeth, Maine. Just as a handwritten signature and physical seal indicate that a traditional pen and paper notarization was completed and legally establish the genuineness of the underlying document, when an electronic document is opened, the recipient sees the Notary’s electronic signature and seal information attached to the document and knows it can be legally relied upon in court or for government filing purposes. However, a significant difference between paper documents and electronic documents is that it is much easier for someone to alter an electronic document undetected. An eDocument’s text can be changed in seconds, and many people even have the capability to alter, add or remove images from an eDocument easily using software widely available to the public. So how can someone know if a notarized electronic document has been tampered with? That’s where digital certificates come in. Notaries and digital certificates Digital certificates are perhaps the most important — and most confusing — tool used for electronic notarizations. A digital certificate doesn’t have a true equivalent in the traditional world of paper notarizations. Despite the name, a digital certificate has nothing to do with Notary certificate wording. Though digital certificates are sometimes called “digital signatures” they are different from the electronic signatures described above. A digital certificate performs two key functions — it verifies the identity of the Notary who affixed the electronic signature and seal on the notarized document, and it makes the document “tamper-evident.” Once a digital certificate is applied, if anyone attempts to alter the document’s contents, the Notary’s electronic signature, or the Notary’s electronic seal, the document will clearly indicate to anyone that opens it that changes have been made since the notarization was completed. A digital certificate is normally the last tool used when notarizing an electronic document, after the Notary’s electronic seal and signature are applied. “People often think everything related to a document is visual, but a digital certificate is not,” said Darcy Mayer, chief technology officer for DocVerify, a remote online notarization technology provider. “It’s the cryptographic portion of a document that’s there, but not visible.” Digital certificates are normally issued by a trusted issuing authority for a limited period of time and must be periodically renewed over a period ranging from 1 to 5 years. For example, digital certificates sold by the NNA are renewed either after 1 year or 3 years, which is standard for the ID technology industry, and meets the requirements for all states that authorize RON. If a Notary needs a digital certificate to perform iPEN or RON notarizations, the Notary can obtain a digital certificate directly from the trusted issuing authority. Notaries can also obtain digital certificates through authorized vendors such as the NNA or through remote notarization technology providers such as DocVerify, which provides and maintains digital certificates for Notaries who use their platform to perform remote online notarizations. “In our case, we (DocVerify) take on the onus and maintain the digital certificate securely with password protected access for the Notary,” Mayer said. “Our employees can’t access or decrypt the files. We take on the responsibility to secure it for the Notary.” While it’s possible for a Notary to obtain more than one digital certificate, Mayer said a single digital certificate can be used across multiple notarization technology platforms, so it’s simpler and more secure for a Notary to use only one. Also, some states, such as Texas, require Notaries to upload their digital certificate to a state web portal so officials can verify it, and only one digital certificate can be associated with each remote Notary commission application, said Robert Sumners, director of Government Filings with the Texas Secretary of State’s office. Remote online notarization is still evolving in many states, and therefore the requirements for using digital certificates and other technology for iPEN or RON may change in the future. But for now, if Notaries have questions they can contact the NNA, their state Notary agency or a technology provider they are signed up with for assistance.
- A guide to remote notarization providers for Notaries
emote online notarizations (RONs) marry the convenience, speed, and efficiency of the digital world with the integrity of centuries-old Notary best practices. RON allows Notaries the opportunity to earn income from performing notarizations without leaving home, and to even broaden their base by serving customers in other states or countries. For many Notaries, the first question is “How do I get started?” To perform remote notarizations, many states require you to choose an approved platform provider that will give you the tools you will need. If you’re new to RON, you’re probably wondering how to find the RON platform that best suits your needs. In this article, we will summarize the costs, benefits and services provided by 7 well-known remote notarization providers. The National Notary Bulletin reached out to each of these companies to answer the following questions: Availability: In which states is your RON platform available to Notaries? Sign-Up Costs: What fees do Notaries need to pay to use your RON platform? Registration Requirements: Are there certain qualifications Notaries must meet to use your platform? Also, must Notaries use your RON platform exclusively for their work? Hardware/Software: Are Notaries required to own a laptop, desktop computer or mobile device to use your system? Records Storage: Does your company provide secure storage for Notary journals and audiovisual recordings? Electronic Tools: Do you provide the Notary with an electronic seal or digital certificate? Training/Support: Do you provide Notaries with training and technical support for remote notarizations? RON Assignments: Do you provide RON assignments to Notaries? Below is the information provided by each remote notarization provider. This is only a partial list of RON technology platforms available, and the NNA does not endorse any specific platform. Before selecting a remote notarization provider, you should confirm that their remote notarization platform complies with your state’s laws. The NNA’s online Knowledge Center has a summary available of all current state RON requirements. TABLE OF CONTENTS: BlueNotary Cyberize It DocuSign eNotaryLog, LLC Notarize NotaryCam OneNotary Pavaso SIGNiX Stavvy BlueNotary Website Availability: Available in Alaska, Arizona, Colorado, Florida, Hawaii, Idaho, Kansas, Kentucky, Minnesota, Montana, Nevada, New Jersey, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wyoming. With several states pending approval. Sign-Up Costs: Free OR $27/month upgraded plan. Registration Requirements: You must be a commissionned Notary to sign up. Hardware/Software: None. Records Storage: BlueNotary stores records and video recordings for up to 10 years in a secure database. Electronic Tools: BlueNotary provides a Digital Signing Certificate and eSeal free of charge to use on the platform. Audio/video conferncing is built-in with no setup required. ID and Credential proofing is provided at no extra charge. Training/Support: BlueNotary provides video and written tutorials and also provides a session simulator for training purposes. BlueNotary offers live chat support during normal business hours. RON Assignments: Independent notaries can bring their own clients to the platform. As well, there is opportunity to provide service to clients sourced by BlueNotary. View Less Cyberize It Website Availability: Available in Alaska, Arizona, Colorado, Florida, Guam, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin, Wyoming Sign-Up Costs: • The monthly subscription cost is $39.99 and the yearly subscription is priced at $287.93. There are quarterly and semi-annual options, too. There’s also a fee per transaction. You can cancel your subscription at any time. Unused subscriptions are non-refundable. Registration Requirements: • You must hold a current commission as a remote Notary in your state, provide proof of identification and have an Errors and Omissions (E&O) insurance policy of $10,000 or more. Hardware/Software: • You must have access to a laptop or desktop computer. Both Windows and Macintosh operating systems are compatible. Records Storage: • Cyberize It, LLC provides an e-journal program that you can customize to ensure you’re compliant with your state’s laws. The e-journal and the recorded video sessions are securely stored for 10 years. Regardless of your subscription status, you will have complete access to your records. Electronic Tools: • Cyberize It, LLC includes an electronic seal. In certain states, you may be required to have an independently owned digital certificate. Notaries must get the digital certificate from third-party vendors like Identrust or Intesi Group. Training/Support: • Cyberize It, LLC provides a comprehensive training program encompassing various aspects of online notarization. This program covers best practices, state laws, government bidding, and estate planning to ensure a thorough understanding of the online notarization process. They also offer marketing tools, assistance, and complete training on the platform. Technical support is available for non-urgent inquiries through email, while in-session support is provided 24/7 via text messaging. RON Assignments:• Cyberize It, LLC has an in-platform board where signers post what they need and Notaries can claim the jobs directly. The availability varies based on factors such as the Notary's commissioning state or specific language skills required for a particular job. The board may also include witness requests, which are open to all Cyberize It Notaries and can be claimed at any time. View Less DocuSign Website Availability: See DocuSign’s online list of states. Sign-Up Costs: One-time setup fee (varies based on technology and transaction requirements), plus $15 fee per signature notarized. Customers requesting a remote notarization can purchase use of DocuSign’s platform for a Notary selected by the customer. Once the fees are paid, the customer’s Notary can join the platform at no cost and participate in the remote notarization. Registration Requirements: Please see DocuSign’s online starting instructions. DocuSign does not limit Notaries from using other competitors’ platforms. Hardware/Software: A laptop, desktop, or mobile device with a working camera and microphone is required. Please also see DocuSign’s browser and Internet requirements. Records Storage: DocuSign retains tamper-evident audio-visual recording and journal entries for the Notary for up to 10 years after the remote notarial act in compliance with state RON requirements. Notaries may access their records and download and retain them if needed according to state requirements. Electronic Tools: If required, Notaries may purchase a digital certificate through IdenTrust. Training/Support: DocuSign provides Notaries assistance with initial setup of their RON platform. Online reference documents and tutorial videos are available online to walk Notaries through the RON process. DocuSign provides a complimentary self-paced RON learning course. For an additional cost, live instructor-led workshops and custom training for specific professional fields are available. RON Assignments: No. View Less eNotaryLog, LLC Website Availability: All states where RON is legal except Alabama and South Dakota, which are RIN-only states. Sign-Up Costs: There is no fee to sign up and use eNotaryLog’s platform. A variable fee charged to the Notary for each completed Notary session/identity verification (Please contact company for additional details). Registration Requirements: You must be a commissioned Notary who meets all state requirements to perform remote notarizations. eNotaryLog does not limit Notaries from using other competitors’ platforms. Hardware/Software: A laptop or desktop computer with a recommended minimum display of 13 inches for best viewing, an audio speaker, a microphone and a video camera capable of recording videos is required. Notaries should have a stable Internet connection and use the Chrome or Firefox web browser. Records Storage: eNotaryLog provides secure storage for RON audiovisual recordings and journal records that conform to all state storage and security requirements. eNotaryLog provides a full audit trail and tracking on session files per compliance guidelines. The eNotaryLog platform is SOC 2 compliant, MISMO certified, and independently audited in 2021 by DLA Piper, a leading global law firm and fintech advisor. Electronic Tools: eNotaryLog provides digital certificates and eSeals to Notaries in states where required. Training/Support: eNotaryLog provides online training sessions, ongoing support and a comprehensive Knowledge Center for independent Notaries using the platform. Live chat tech support is provided through eNotaryLog’s website 7 days a week from 8 a.m.-midnight. RON Assignments: No. View Less Notarize Website Availability: Notaries can sign up to perform RON assignments provided by Notarize in Florida, Nevada, Texas and Virginia. Notaries can sign up with Notarize to perform RON assignments independently in Tennessee and Washington. Sign-Up Costs: There is no fee to sign up. Notarize charges a fee of $8 per transaction and $3 per seal. Registration Requirements: Notaries who wish to perform RON assignments for Notarize must provide the following: A) IdenTrust digital certificate; B) NNA Notary Signing Agent Certification; C) Proof of E&O insurance; D) Notary commission information. Independent Notaries not receiving assignments from Notarize are not required to have NNA Notary Signing Agent certification. Hardware/Software: PC or Apple computer with 4GB RAM, Intel Core i5 processor or better and one of the following operating systems: Windows 10 or later or Mac OS X Leopard or later; or a Chromebook or ChromeBox with Google Google Chrome OS. Adobe Acrobat Reader An Internet connection with Ping: < 30ms; Upload: 5mBit, Download: 20mB Latest version of Google Chrome with cookies and JavaScript enabled. 19-inch monitor with a screen resolution of at least 1366x768 (two monitors recommended) A web camera with a minimum resolution of 780p Records Storage: Notarize’s platform automatically captures information from each Notary session as required by the laws in the Notary’s state for electronic notarization. Notaries can access their journal at any time via their Notarize account as well as export a copy for their records. Electronic Tools: Free electronic Notary seal and electronic signature. Training/Support: Training articles are provided to Notaries online. Tech support is available via real-time online chat and email Monday-Friday 8 a.m.-11:59 p.m. Eastern Time and Saturday and Sunday from 8 a.m.-10 p.m. Eastern Time. RON Assignments: Yes, in certain states (See “Availability” above). Notaries are typically paid $5 per completed retail/business notarization and $25 per completed lender/title company assignment. View Less NotaryCam Website Availability: All states that authorize remote notarization. Sign-Up Costs: No sign-up fee. Notaries perform RON assignments for parties who request remote notarizations through NotaryCam (see “RON Assignments” below). Registration Requirements: Notaries must have a digital certificate and electronic seal provided through the NNA, a $100,000 E&O insurance policy and pass a background check. NotaryCam does not limit Notaries from using other competitors’ platforms. Hardware/Software: A laptop or desktop computer with a webcam and an internet connection is required. Records Storage: NotaryCam provides electronic journal storage to Notaries at no charge. Electronic Tools: None provided. Training/Support: All Notaries who sign up are required to take a training course provided by NotaryCam. Tech support is available 8 a.m.-8 p.m. Eastern Time. RON Assignments: NotaryCam provides assignments to Notaries who sign up to use their platform. Notaries are paid a fee by NotaryCam for performing these assignments based on transaction type, length and complexity. NotaryCam does not currently provide RON services for independent Notaries, but this option is planned for launch later in 2022. View Less OneNotary Website Availability: Available in Alaska, Arizona, Florida, Minnesota, Oklahoma, Ohio, North Dakota, Pennsylvania, Rhode Island, Tennessee, Texas, Virginia, Washington, West Virginia and Wisconsin Sign-Up Costs: No sign-up fee is required for general notarizations. Notarizing large document packages such as loan signings, home refinancing packages and other complex transactions require a $25 per month professional subscription. Registration Requirements: The Notary must provide a digital certificate, electronic seal and PDF of the notarial certificate wording that will be used. Notaries working as independent contractors for OneNotary (see “RON Assignments” below) must be NNA Certified Notary Signing Agents. OneNotary does not limit Notaries from using other competitors’ platforms. Hardware/Software: A computer (tablets and phones may not be used) with a video camera, speaker and microphone and a reliable internet connection of at least 5 Mbps is required. Records Storage: OneNotary provides audio/video recording storage for 10 years, with no public access to the recorded video. Only authenticated Notaries have access to download recordings. Electronic Tools: OneNotary assists Notaries in selecting and purchasing a digital certificate and/or electronic seal. Training/Support: OneNotary provides training articles and videos to Notaries. Tech support available Monday-Friday 7 a.m.-10 p.m. Eastern Time. RON Assignments: OneNotary does not provide assignments to Notaries but does hire Notaries as independent contractors to perform notarizations for the company. Hourly rate ranges from $15-$25 per hour based on Notary’s experience and performance. View Less Pavaso Website Availability: Arizona, Arkansas, Colorado, Guam (U.S. territory), Florida, Idaho, Indiana, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin Sign-Up Costs: For Notaries that work with multiple approved companies already using Pavaso, there is a one-time $99 setup fee and a $50 annual renewal fee (Please see “Registration Requirements” below) Registration Requirements: Pavaso exclusively handles remote notarizations for real estate signings, closings and transactions. To become a remote Notary on Pavaso, you must be referred to Pavaso directly by an approved company who is already using Pavaso and you are working with. Hardware/Software: There are no specific hardware requirements for Notaries except the need for a laptop or tablet with audio/video capabilities to perform the RON session. For all system requirements, visit https://pavaso.com/system-requirements/. Records Storage: Provides storage for RON video recordings and electronic journals in association with each individual signing, closing and transaction. Notary can view or download the RON video recording and electronic journal entries at any time after the signing/closing session has concluded. Electronic Tools: Pavaso offers a digital certificate, electronic seal, and digital signature. However, if companies using the Pavaso platform choose to require Notaries to use a different digital certificate, the Notary can purchase their own digital certificate and upload it to their Pavaso profile. Training/Support: Every Notary that uses Pavaso receives access to an online portal called Pavaso University for at-your-own-pace training and access to FAQs. This is available 24/7 with no expiration. More information is available at https://pavaso.com/training/support-center/ RON Assignments: Pavaso does not provide assignments to Notaries. All assignments on the Pavaso platform originate from approved companies managing the transaction. View Less SIGNiX Website Availability: All states that authorize RON except Indiana. Sign-Up Costs: $299 per year. Registration Requirements: Must be a commissioned Notary to sign up. Hardware/Software: No specific requirements. Records Storage: Provides electronic journal/video record storage with high security. Electronic Tools: SIGNiX provides each Notary with a digital certificate at no cost and integration with audio/video communication. Training/Support: Provides setup assistance and training for Notaries and live support via email and phone. RON Assignments: Notaries can sign up with the company’s Online Notary Network to have assignment offers directed to the Notary. View Less Stavvy Website Availability: See Stavvy’s online list of states. Sign-Up Costs: None for the Notary. Registration Requirements: Stavvy offers remote online notarization for real estate signings, closings, and transactions. To become a remote Notary on the Stavvy platform, you must be referred directly by an approved company you are already working with that is using Stavvy. Electronic Tools: Notaries are required to obtain a digital certificate from IdenTrust. RON Assignments: See “Registration Requirements” above.
- 10 Standards Of Practice For Remote Ink-Signed Notarizations
During the COVID-19 pandemic, several states issued temporary authorizations permitting Notaries to perform notarial acts on paper documents using video conference technology, a process Fannie Mae has labeled "remote ink-signed notarization" (RIN). As we will describe below, remote ink-signed notarization is not to be confused with remote online notarization (RON). New York issued the first authorization of this kind in an executive order on March 19, 2020. These authorizations have been issued to mitigate the public health risk of spreading the virus during face-to-face notarizations while at the same time allowing access to notarial services at a time when these services are greatly needed. The authorizations are temporary, typically lasting for the duration of the state of emergency declared by each state's governor or for a certain specified time after the emergency is lifted. Temporary RIN vs. Permanent RON The video conference notarization process permitted in many temporary state authorizations is quite different from the permanent remote online notarization (RON) laws enacted in 23 states to date. In general, RINs use solutions such as GoToMeeting, Microsoft Teams, WebEx, or Zoom to satisfy the requirement that a document signer personally appear before a Notary. The Notary verifies the identity of the signer based on existing state Notary laws or by methods specified in the temporary order. Paper documents are signed in pen and ink and faxed or transmitted electronically between the signer and Notary. RONs, by contrast, use a dedicated platform that integrates in one system a video conference capability, multi-factor methods for verifying the identity of the signer that uniquely apply to remote online notarizations, and an electronic signing room that presents the electronic document in real time for signing using electronic signatures by the document signer and Notary. Many of the steps to perform a RIN in the temporary orders and authorizations are generally based on the New York executive order and are described below. These steps may vary for the specific temporary authorizations in other states. The Notary and signer appear before each other using a live, real-time video conference solution such as WebEx, GoToMeeting or Microsoft Teams. The Notary identifies the signer using the methods allowed under current Notary law. The signer signs the document and faxes or transmits electronically the signed document to the Notary during the video conference. The Notary prints out the document received from the signer and completes the notarial certificate in pen and ink during the video conference. The Notary faxes or transmits electronically the notarized document back to the signer during the video conference. The New York order and several other state authorizations also allow the signer to physically mail the originally signed paper document to the Notary within a certain number of days of the RIN. When the Notary receives the document from the signer in the mail, the Notary is authorized to notarize that document using the date of the original RIN and mail it back to the signer. Standards of Professional Practice While there is no doubt RINs meet a pressing need at a time as extraordinary as this, video conference notarizations are different from RON and the NNA believes additional mechanisms to ensure the security and integrity of these notarizations are needed. To that end, we have developed ten standards of practice for performing RINs. Before following these standards, Notaries should confirm that their state authorizes these new types of notarizations. They should follow all requirements in the temporary authorization, state Notary laws, and any supplemental guidance that may have been issued by their commissioning officials. And, they must know the time frame in which they are authorized to perform these temporary notarizations and not forget the date of expiration of the temporary order. Finally, Notaries who perform loan signings should check with their contracting companies to see if they have received approval from the lender to perform the loan signing using RIN. The ten standards of professional practice for video conference notarization or RIN are as follows: The Notary should make a recording of the entire audiovisual conference, create a backup of the recording and, to protect the privacy of the signer, securely store both. The Notary should record a journal entry of the notarial act and note in the journal that the notarization was performed using video conference technology. The Notary should request the signer to show the front and back of any identification card used to verify the signer's identity and carefully compare the information on the ID to the signer appearing on the video conference using an authoritative reference. The Notary should ask the signer to "pan" the room with the signer's video camera so the Notary can see if there are any other persons in the room with the signer. The Notary should ask the signer to state on camera that the signer is signing the document freely and voluntarily and has the mental capacity or competence to do so. The Notary should ensure the angle of the video camera on the signer's end allows the Notary to view the signer signing the document. The Notary should require the signer to show each page of the signed document and the signer's ID once again to compare the signatures on the ID and document before it is faxed or transmitted to the Notary. The Notary should show the signer each page of the document to ensure it is the same document the signer transmitted. The Notary should ensure the angle of the video camera on the Notary's end allows the signer to view the Notary completing the certificate of notarial act. The Notary should retain and, in order to protect the privacy of the signer, securely store the notarized document the Notary faxed or transmitted back to the signer on the date of the original video conference for comparison purposes if the signer requests the Notary to notarize the original signed paper document later, and destroy it immediately upon sending the original notarized paper document back to the signer.
- The State Of Remote Online Notarization
A few years ago, if you had asked if it were possible to notarize for a signer who was hundreds or thousands of miles away from you, you'd have been told you were crazy. But today, nearly two dozen states across the nation have authorized Notaries to perform notarizations remotely using audiovisual technology via the internet. This is called remote online notarization, also known as RON. RON makes substantive changes to the way notarizations are performed. Some Notaries worry that RON deviates too far from traditional safeguards. Others are excited about the prospect of notarizing for customers hundreds or even thousands of miles away without needing to leave home and counter that RON is actually more secure than paper notarizations. One of the challenges faced by Notaries and others in embracing remote online notarization is the fact that the laws authorizing it redefine many of the elements of traditional notarization, including what it means for a signer to personally appear before the Notary, how the signer is identified and how records of notarizations are made and kept. In this article, we'll compare how remote notarization differs from traditional pen-and-paper notarization, discuss the most urgent concerns Notaries have raised about RON, and look at new remote online notarization business models emerging for Notaries and Signing Agents. The Most Radical Change The most radical change is the requirement for the signer to personally appear before the Notary at the time of the notarization. Until recently that requirement meant that the signer had to be in the physical presence of the Notary so they could communicate directly, face to face with each other. With remote online notarization, states have broadened that definition. Now, that face-to-face contact can be satisfied online using audiovisual technology such as a webcam. The signer can be in another town, another state or even another country. Naturally, many questions have been raised about this change. If you aren't face-to-face with a signer, how can you verify their identity? What if there is a person holding a gun off-camera? How do you meet your journal-keeping requirements? "I really want to learn more about remote notarization, but I have concerns," said Donna Laird, a Notary in San Bernardino County, California, a state that has not authorized remote online notarizations but is considering it. Living in a mountain community, Laird says the idea of reaching customers without needing to drive long distances is very appealing. At the same time, she worries whether RON remote notarization has enough safeguards against fraud. Proponents assert that the means for identifying signers of RONs produces greater confidence of a person's identity than the means of identifying signers for a paper notarization and that with today's communication technologies, a Notary can make determinations of a signer's willingness and mental competence just as well as a Notary who is physically present with the signer. Identifying Signers So how does a remote Notary confirm a signer's identity without being able to hold and examine an ID? State RON laws have crafted rules for the identity-vetting task that are tailored for the online environment in which a RON takes place. The main ways a Notary verifies an identity online include: • Knowledge-based authentication, known as KBA • Credential Analysis • Remote Presentation (Viewing IDs via webcam) With knowledge-based authentication, the signer must correctly answer a set of computer-generated questions related to their life, credit and financial history. State rules and industry standards allow for the signer to take a second KBA with a subset of different questions if they fail the first one. If the signer cannot successfully pass the KBA, the Notary will not perform the notarization. One drawback to KBA is that it often cannot be used to verify the identities of minors and young adults because they lack sufficient credit histories to generate the KBA questions. KBA also cannot be used to identify foreign citizens who lack a Social Security number. With credential analysis, the RON technology solution is used to scan the signer's ID credential for the presence of identifiers and security elements to confirm that the ID is valid. KBA and credential analysis are typically incorporated into the technology used by the Notary. With remote presentation, the signer holds their ID to the camera and the Notary can check that the signer's appearance and other details match the information on the ID. Credential analysis and remote presentation compare and correspond to the Notary's handling the physical ID during a paper notarization today. Many existing RON laws require Notaries to use at least two of the methods mentioned above, but most require all three. These states typically also allow a Notary to identify a signer based on the Notary's personal knowledge or through the oath or affirmation of credible witness, just like for a paper notarization. As more states enact remote online notarization laws, they may have different requirements for identifying signers. South Dakota, for example, only permits its Notaries to use personal knowledge to verify a remote signer's identity. How A Remote Online Notarization Is Performed To start a remote notarization, both the signer and Notary must access a RON platform. In most cases, the document for a remote online notarization must be in an electronic format such as a PDF. The document is uploaded to the RON platform. The platform provides the audiovisual technology allowing the Notary and signer to see, hear and communicate with each other. Once the Notary verifies the signer's identity and the Notary is confident the signer is willing and mentally competent, the signer and Notary both sign the document electronically, and the Notary affixes an electronic seal. When finished, the notarized electronic document can be retrieved by the signer at any time. Remote Notarization Journal Entries In addition to keeping a journal of the remote online notarization, Notaries are also required to create an audiovisual recording of each remote notarization. Most RON platforms create both the electronic journal entry and the recording of the RON event. If a remote notarization is ever challenged in court, the electronic journal entry and recording provide evidence that the notarization took place as claimed. Depending on state law and the Notary's business model, Notaries may be permitted to store their audiovisual records through a RON service provider they choose to work with. Where Remote Online Notarizations Can Be Performed Remote online notarization is not permitted in all U.S. jurisdictions. Currently, 40 states have RON laws in effect or scheduled to take effect in the near future. Some states also enacted temporary emergency RON laws during the COVID-19 emergency. For signers, there are no restrictions on where they can be. A signer literally can be anywhere in the world and still get their document notarized remotely. A Notary, however, must be physically located in the state where they are commissioned. RON Providers Vs. Independent Services If you are in a state that permits remote online notarization and want to offer these services as part of your business, there are two main business models available. The first is signing on with a platform provider — such as NotaryCam or Notarize — that offers remote online notarization services to customers. The RON provider sets up the Notary with access to the company's platform, trains them how to use the platform and directs customers to the Notary. The second is building your own system. "The biggest advantages working for a provider is that they take care of all your technology, data privacy and customer service needs for remote online notarizations," said Dushunna Scott, a Notary from North Chesterfield, Virginia, who has performed remote online notarizations since 2016. In addition, the service provider also stores her audiovisual recordings. Typically, she is on-call for remote notarizations on Wednesday nights and weekends and works as a mobile Notary and Signing Agent during the rest of the week. Scott receives part of the fee for each remote notarization she performs with Notarize, who also pay her for her time spent on-call. Scott likes utilizing a RON provider because it's convenient having customers directed to her, and she gets to work from home. "But even though I work with Notarize, I still market myself as an individual Notary," she said. Remote online notarizations are just one component of her business. Melissa Johnson Eldridge of Mansfield, Texas, also started out doing remote notarizations through a company, but eventually wanted to strike out on her own. She purchased a web-based, remote online notarization platform from technology provider DocVerify and started her own company, Certified Texas Electronic Notary. Going independent was very different than using a RON provider that handles customer contact, initial identity screenings and sending the signer's documents to the Notary. Eldridge had to learn how to do all these things on her own. "I had to simulate a mock remote online notarization by sending a document to myself so I could figure out how to use it," she said. "While I had to learn and be responsible for more aspects of the process," she said. "I work when I choose to and have more flexibility. And I don't have to share the fee with anyone." Concerns About Remote Online Notarizations Notaries and others — especially those in states that have not adopted remote online notarizations — have raised many questions and concerns about the process. In a letter to a California State Assembly member opposing a remote online notarization bill, the ACLU cautioned that remote online notarization "… creates significantly greater data privacy issues than traditional notarization." Notary Matt Miller of San Francisco, California, who organized opposition to the same RON legislation in California, says his biggest concern is possible electronic privacy breaches of sensitive signer and Notary information. "How can a Notary be held to account for the exclusive control of their journal data if you have an online platform involved that then sends this data on to yet another third party? Also, what happens when one of these companies goes out of business?" Miller said. Rick Triola, founder and CEO of NotaryCam, said that his company takes numerous steps to ensure signer and Notary privacy. For example, NotaryCam and other RON platform providers do not retain any KBA answers provided by signers. NotaryCam also follows SOC 2 compliance standards for emergency backups, redundant systems and other protections for remote online notarization journal data, Triola said. DocVerify's platform uses encryption to protect stored data from RON recordings as well as other data associated with the notarization, and in most cases the platform exceeds the requirements of state RON laws, said Chief Technology Officer Darcy Mayer. Remote Online Notarization And Loan Document Signings Can remote online notarizations be used for loan document signings? Absolutely, said Triola. His company has completed many successful remote loan closings during the past 6 years. Initially, only Virginia Notaries could only perform remote notarizations. Many experts believed that Virginia Notaries would be able to handle the majority of remote notarizations throughout the country. It turned out, however, that consumers wanted to use remote Notaries from their own states. Major title underwriters also were reluctant to use out-of-state RON Notaries in those early days, Triola said. As more states start commissioning RON Notaries, that reluctance is dwindling. Today many lenders are adopting the process because of the convenience to their customers. NotaryCam requires Signing Agents they work with to be NNA certified and background screened, and Triola estimates that approximately 87 percent of U.S. recording offices can accept remotely notarized documents for recording. Looking To The Future RON is continuing to gain momentum. Nine new states have passed remote notarization laws that take effect in 2020. That has some Notaries worrying that remote notarization will replace traditional notarizations. Triola doesn't see that happening any time soon. "Remote online notarization is not trying to take traditional Notaries out of the equation. It simply gives Notaries a new market for their services where there wasn't one before," he said. Eldridge believes that as more Notaries learn about remote online notarization and understand it better, they will be more confident about using it. "Lack of knowledge puts fear in us," she said. "I think when other Notaries truly use it, they will see that it's even more secure than a traditional notarization."
- Remote notarization vs. traditional notarization
The use of new technology tools for notarizations has caused confusion for many people, including Notaries. There is remote online notarization (RON), which is different from in-person electronic notarization (IPEN) or remote ink-signed notarizations (RIN). And all 3 are different from traditional, pen-and-paper notarizations. Here’s a step-by-step look at the differences between these notarization methods. Please note that this is a general description, and specific requirements in some states may vary. What does each type of notarization entail? A traditional notarization is the one most Notaries are familiar with. The signer and Notary meet physically face-to-face for the Notary to notarize a handwritten signature on a paper document. For in-person electronic notarization (IPEN), the Notary and signer still physically meet face-to-face. Instead of pen-and-paper signatures and documents, the Notary and signer use electronic signatures to sign and notarize an electronic document (often called an “electronic record” in state laws). For a remote online notarization (RON), the Notary and signer meet remotely from different locations using audio-visual communication technology, and the notarization is typically performed remotely using electronic signatures and records. During the COVID-19 emergency, some states authorized an alternative notarization process called Remote Ink-Signed Notarization (RIN) as an alternative to notarizing paper documents in person. Today, 7 states have permanent laws authorizing RIN notarizations. During a RIN, the signer signs a paper document while communicating live with the Notary online. The signer may be required to sign a declaration under penalty of perjury stating that the document they signed and send to the Notary is the same document and attach it to the document. The document is then sent to the Notary for notarization. Document formatting requirements for each type of notarization Each type of notarization (Traditional, IPEN, RON and RIN) has different document format requirements: Traditional notarization requires a physical paper document with an original written signature in ink. In-person electronic notarization requires an electronic record such as a PDF or Word file. The document is presented on a computer, laptop or mobile device. Remote online notarization typically requires an electronic record as with IPEN, although some states allow paper documents to be signed and notarized using RON. RIN requires a physical paper document with an original written signature but may also require an additional electronic copy of the document to be sent to the Notary. Identification of the signer Both traditional and in-person electronic notarization use the same methods for identifying signers. The signer must personally know or present satisfactory proof of identity to the Notary, typically an identification document such as a driver’s license or one or more credible witnesses who know the signer personally and can vouch for the signer’s identity, following the requirements of state Notary laws. Remote online notarization requires signers to be identified through a combination of at least 2 identity verification methods that are tailored for the remote environment. Examples include knowledge-based authentication (KBA) where the signer must answer questions correctly about their credit history and background; credential analysis, where the signer’s ID is checked using an automated process to confirm the ID is genuine; remote presentation, where the signer presents ID to the Notary on camera so the Notary can read the information, biometrics, or a public key certificate. For a RIN, the signer must be identified through a process approved by the state. Examples may include the Notary’s personal knowledge of the signer, remote presentation of an ID document to the Notary or the oath/affirmation of a credible witness participating in the RIN. Notary signatures and seal Most Notaries are familiar with the traditional notarization process in which the customer signs the paper document in pen and ink. The Notary then completes the certificate wording, signs the certificate with pen and ink and affixes their physical Notary seal. For an IPEN, the customer signs the electronic document with an electronic signature — by clicking a mouse or writing the signature on a signature pad. The Notary then signs the notarial certificate with an electronic signature and affixes an electronic seal. For remote notarizations on electronic documents, the customer signs the electronic document with an electronic signature. The Notary then signs the notarial certificate with an electronic signature and affixes their electronic seal. For RIN, after communicating with the Notary online, the signer then mails, or if allowed by state law, faxes or electronically transmits the paper document to the Notary. After the Notary receives the document, the Notary prints out and performs the notarial act on the paper document, and mails (or faxes or electronically transmits, if applicable) it back to the signer. Recording the journal entry Depending on state laws, for traditional and IPEN notarizations the Notary completes a record of the notarization in a bound, paper journal or in some states, an electronic journal. For remote notarizations, usually an electronic journal entry is required, and the notarization must be recorded using audiovisual technology. The Notary must securely store the recording, along with any other journal information required by state law. For a remote ink-signed notarization, the Notary should record a journal entry for the RIN, even if not required by law. The Notary should also make a recording of the entire RIN audiovisual conference, even if not required by law, create a backup of the recording, and securely store both. Some states may have additional recordkeeping requirements.
- HOW to BECOME a NOTARY SIGNING AGENT
Notary Signing Agents (NSAs) facilitate loan closings for the mortgage finance industry. Before starting the NSA certification process, you must be commissioned as a Notary Public. Please be aware that opportunities to conduct loan signings may be limited or restricted in 18 states. Signing Agent Certification Process Many state laws do not address additional qualifications or requirements for Notaries who work as Notary Signing Agents. However, companies in the mortgage finance industry do have laws and regulations they must meet in order to do business. Because lenders, title companies and signing services are held to certain regulatory standards, they set the bar for the Notaries they hire. While every company's guidelines may vary, the industry strongly recommends taking all of the following steps to increase your chances of getting hired by the widest range of companies. Be commissioned as a Notary Public in your state (required). Take a loan signing training course. Pass an exam and background screening that are SPW compliant. Buy your Signing Agent supplies. Purchase a minimum $25,000 E&O insurance policy. Start working as a Notary Signing Agent. Promote your business online by joining Notary Signing Agent directories. Become a Notary Signing Agent In This Guide: NSA Training & Guidelines | Insurance & Legal Risk | General NSA Information NSA Training & Guidelines The details below will help you understand the recommended guidelines for Notary Signing Agent certification. What does a Notary Signing Agent do? A Notary Signing Agent is a Notary who is specially trained to handle and notarize loan documents. For lenders, Notary Signing Agents are the critical final link to complete the loan. A Notary Signing Agent is hired as an independent contractor to ensure that real estate loan documents are executed by the borrower, notarized and returned for processing on time. Completing this critical part of the loan process enables the loan to be funded. Who can become a Notary Signing Agent? Anyone who meets the requirements to be a Notary Public in their state can go on to become a Signing Agent. However, it is important to note that some states have restrictions that apply to NSAs. Is certification required? Certification is not required by law to become a Signing Agent. However, many companies that contract Signing Agents for mortgage closings ask these professionals to be certified and background screened in order to meet Consumer Financial Protection Bureau compliance requirements for third-party service providers hired by financial institutions. Several private organizations offer training, certification and background screening for Signing Agents that meet the standards of lenders, title companies and signing services. The NNA is an SPW-compliant vendor, so you may choose to get certified and background screened by the NNA. Do I need to take a Notary Signing Agent exam or training course? No exam or training is required for NSAs. Although neither one is required, a training course and passing score on an exam are smart ways to prove you've been formally educated in the complex process of mortgage closings. A training course covers everything you need to know to be familiar with the loan closing process and the types of documents involved. It will provide the knowledge you need to walk a buyer through the mortgage closing process clearly and efficiently. A Signing Agent training course will also prepare you to pass the SPW-compliant exam. There are many vendors, including the National Notary Association, offering Signing Agent training courses and exams online. Why am I being asked to do a background check? In order to guard borrowers' private financial information, the mortgage industry requests all persons involved in the lending process to undergo background screenings. Lenders in turn instruct title services companies to ensure that everyone with access to mortgage documents has been screened. This applies to everyone handling loan documents including Notaries who act as Signing Agents. Are there any special requirements or restrictions in my state? It depends on the state. Some states limit or restrict Notaries from working as Signing Agents or include additional licensing requirements. Please be aware that opportunities to conductt loan signings are limited or restricted in 18 states. States with NSA restrictions Connecticut, Delaware, Georgia, Indiana, Maryland, Massachusetts, Minnesota, Nebraska, Nevada, New York, North Carolina, South Carolina, South Dakota, Texas, Utah, Vermont, Virginia and West Virginia For more information, see our list of Signing Agent State Restrictions. What supplies should NSAs have? In addition to your Notary seal and journal, Signing Agents should have reliable transportation to get to assignments, a mobile phone and email for communication with signers and companies that hire them, and a printer and fax machine to print loan documents and fax completed loan documents if required. Many new NSAs also find it helpful to use a few industry tools and guidebooks when starting out. How long does it take to become a Signing Agent? NSAs who follow the recommended industry certification process listed above can expect one to two weeks to become a certified Signing Agent. A majority of this time will be spent waiting for your background screening results to return. Other factors will be your availability and how long it takes you to become comfortable with all procedures and requirements for notarizing loan closings. How much does it cost to become a Signing Agent? The cost of becoming a certified Signing Agent typically ranges from $75 to a few hundred dollars, but this can vary depending on a few different factors: Whether or not you have an active Notary commission in your state Whether or not you already have a $25,000 errors and omissions (E&O) insurance policy Which training/exam vendor you choose What vendor conducts your background screening Where you purchase your NSA supplies Licensing fees (required for certain states) Insurance & Legal Risk Because certified Signing Agents play a critical role in completing real estate loans, it's important for all NSAs to understand their responsibilities and the legal risks they face if proper procedures are not followed. Do I need any additional Notary insurance? Though not required by law, it's strongly recommended to purchase a Notary errors and omissions (E&O) insurance policy to cover you against damages resulting from unintentional mistakes. The Signing Professionals Workgroup (SPW), an industry standards organization, recommends Signing Agents carry a minimum Notary E&O policy of $25,000 following a study that found most claims against Notary Signing Agents average around $14,000. However, some individual companies may ask Signing Agents they work with to carry a larger policy. How much legal risk might I face as an NSA? Loan document signings are important transactions involving hundreds of thousands of dollars. It's essential that Notary Signing Agents follow their state's Notary laws as well as federal mortgage regulations like protecting the privacy of a signer's information. A Notary Signing Agent must diligently follow proper procedure. In addition to damaging the Signing Agent's chances of finding work in the future, carelessness, negligence or improper conduct can result in severe criminal penalties or financial liability for a Signing Agent. General NSA Information Need more information about working as a Signing Agent? Get answers to commonly-asked questions below. What are the benefits of becoming a Signing Agent? For lenders, Notary Signing Agents are the critical final link to complete the loan. Signing Agents not only earn income for notarizing signatures on loan documents but are also paid to perform courier services and ensure that completed loan packages are returned to the lender in a timely fashion. Many Notaries choose to work as Signing Agents as a part-time or full-time source of income. How is a Notary Signing Agent different from a traditional Notary? Although traditional Notaries and Notary Signing Agents both perform notarizations for their clients and must have an active commission, Signing Agents are specially trained to handle and notarize loan documents. In most cases, they meet additional qualifications such as background checks, extra training and/or special licensing (depending on state regulations). How much can I charge for a loan signing? There is no set fee schedule for Notary Signing Agents who perform loan document signing assignments. Each Signing Agent must negotiate their own fees based on their business expenses, the companies they work with, travel and time required for assignments, and the demand for services in their area. Be aware that the federal government strictly prohibits collaboration to set fixed fees for loan document signings, including price-fixing agreements, boycotts or attempting to persuade other Signing Agents to agree to charge an established minimum fee. How often must I renew as an NSA? The government does not define a renewal time frame for Signing Agents within any state or federal law. However, the industry standard set by SPW recommends that Signing Agents renew their exam and background check every year. Industry certification standards developed by SPW are designed to meet important CFPB requirements. Where do I find loan signing work? There are several online Notary Signing Agent directories where you can make your contact information available to lenders, financial institutions and signing services offering assignments. Some directories offer free listings while others offer more prominent listings for a fee — you should compare directory services and see which best suit your needs. In addition to signing up with several directories, you can also promote your services by networking within your local community. You can accomplish this by attending business and trade events, connecting with UPS and FedEx store managers, and building relationships with other Notaries in your area. What is a signing service? Signing services are private companies that act as middlemen, locating and contracting Signing Agents on behalf of lenders and title companies for assignments. Though assignments through signing services generally do not pay as well as working directly for lenders or title companies, they usually have more assignments available for Signing Agents who are starting their new business. Who can answer questions about loan signing assignments? Any questions regarding loan terms or the content of loan documents during a signing should be directed to a qualified loan officer. Signing Agents are not loan officers and should never try to explain loan documents or answer questions from a signer regarding the terms of a loan. If you have other questions about working as a Signing Agent or industry issues, professional Notary associations like the NNA and other private organizations that offer Signing Agent training and certification can often address your concerns. Most state Notary-regulating agencies cannot answer questions related to Signing Agent assignments, because many of a Signing Agent's duties aren't addressed by state Notary laws. There are also dedicated social media groups for Notary Signing Agents on LinkedIn, Twitter and private websites where Signing Agents can go to ask questions and discuss issues affecting their work.
- What Would You Do: The case of the improper Signing Agent request
Imagine this real-life scenario: You get an assignment for a mortgage refinance package for a local couple. The property is located in another state — in this case Georgia — and documents must be signed by a witness in addition to the borrowers. Shortly before leaving for the signing, the borrowers call to cancel the appointment because they do not have a witness. You check your reference material and verify that you cannot act as the witness for documents to be filed in Georgia if you also notarize those documents. Then you reach out to your contact at the company that gave you the assignment to let them know the situation. They respond via text that you can act as a witness and Notary, and instruct you to proceed with the signing. There are several text exchanges, including one in which you send them a screenshot of the page of your reference material citing Georgia’s prohibition for Notaries at act as a witness and Notary in connection with the same document. The company insists you are mistaken and continues to instruct you to go ahead with the closing. What would you do? To participate in this week’s “What Would You Do?” scenario, share your answers in the comments section below. We may mention your response in next week’s Bulletin, when we offer the best possible answer(s) to this notarial challenge.
- 3 questions signers should never ask Notaries
While good customer service is an important part of any Notary business, your duties require you to say ‘no’ to any improper requests from a signer. Here are 3 requests that no signer should ever ask of a Notary — and no Notary should ever agree to. Question 1: “I don’t have ID — can’t you just skip that part?” A frequent request from signers lacking proper identification — and one you should never accept — is asking a Notary to skip the identification process and notarize without it. As a Notary, you must always follow state Notary laws when identifying a signer. In some states, a signer who lacks identification can be identified through alternative methods, such as credible identifying witnesses. But if a signer asks you to notarize without being identified, always say ‘no.’ Question 2: “I need this signature notarized — but I can’t be there. Can’t you just notarize it anyway as a favor?” Many Notaries have lost their commissions and faced costly lawsuits by saying ‘yes’ to this question. If the person who made the signature is not present for the notarization, there is no way for you to tell if the signature was made willingly — or even if the signature was genuine! Never accept a request to notarize an absent person’s signature without the signer being present — even if the person asking you is a spouse, relative or friend. There have been cases where a trusted family member or colleague has convinced a Notary to do so, only for the Notary to find out later that the person making the request was committing fraud. And once that happens, the Notary faces serious potential legal penalties and liability for negligence. Question 3: “I need to meet a deadline — can you change the date of notarization on the document to help me out?” Many documents you are asked to notarize are time sensitive, especially real estate documents. Sometimes a Notary will be asked to back-date or post-date the date the notarization took place. Doing so is against the law in every state. Never falsify the date a notarization takes place on a notarial certificate — doing so is illegal and could lead to serious civil and criminal penalties against you.
- The 4 tools every Notary should have … and why
No matter what state a Notary is commissioned in, there are 4 essential tools that every Notary needs. These are: Your official Notary seal Your official Notary seal What is it? The Notary seal contains your commission information. Depending on state law, the seal can be an inked stamp or an embosser — a metal clamping device that leaves a raised impression of the Notary seal information on a document. Why do I need it? Most states require Notaries to own and use an official seal for notarizations. Affixing the Notary seal to a notarized document authenticates the Notary’s signature and shows that the notarization was officially completed. How do I get a seal? Each state has its own rules for the official Notary seal’s format, required information and how to purchase one. Once you’ve obtained your Notary commission, you can purchase your official Notary seal. 2. Your journal of notarial acts Your journal of notarial acts What is it? The journal of notarial acts is a record book of each notarization you perform. Each entry in a Notary journal includes details about a notarization such as the date performed, the notarization type and the signer’s information and signature. Why do I need it? If you are ever sued for a notarization, well-kept journal information is powerful evidence that you performed your duties correctly. Many states require Notaries to keep journals, but even if not required in your state, it’s recommended because of the protection a journal provides against accusations of negligence. How do I get a journal? A wide variety of Notary journals are available for purchase from many different vendors, including the NNA. 3. Pre-printed Notary certificate wording Pre-printed Notary certificate wording What is it? Each notarization typically requires a Notary to complete, sign and affix their seal to certificate wording prescribed by state law. If a document lacks certificate wording, a pre-printed certificate can be completed and attached to the document to complete the notarization. Why do I need it? Having pre-printed certificates on hand will allow you to complete a notarization if you are asked to notarize a document that does not include the required notarial wording for your state. Where can I get Notary certificates? Many state Notary regulating agencies have PDFs of their certificate wording that can be downloaded. NNA members can download and print certificate forms through the "Member Benefits" section of their NNA membership page. You can sign up for NNA membership on our website. If you aren't a NNA member, you can also purchase Notary certificates from the NNA. 4. Reference guides and resources to answer Notary questions Reference guides and resources to answer Notary questions What is it? Reference guides include information about Notary procedures and practices you can look up if needed. Why do I need this? When you notarize, you may encounter questions about the notarization you can’t answer yourself. For example, is this signer’s ID acceptable in my state? Am I authorized to perform this type of notarization? When these questions come up, having a reference book on hand to look up information can help you find the answer. Where can I get reference guides or help with Notary questions? The NNA offers a variety of Notary reference books. NNA members can also contact the NNA’s Notary Hotline, visit the NNA Knowledge Center or their state Notary agency for answers to questions during notarizations.