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House Passes SECURE Act

Written by Joe Gentile on . Posted in Article.

On February 27, 2023, the U.S. House of Representatives passed the SECURE Notarization Act of 2023.  Technically, this article should be titled: House Passes Secure Act … again.  The House already passed the act previously, but it stalled in the Senate.

The SECURE Notarization Act would:

  • Permit immediate nationwide use of remote online notarization (RON)
  • Create national minimum standards for its use
  • Provide certainty for the interstate recognition of RON

Most title companies started using RON in 2020 in response to the COVID-19 pandemic.  Federal Title was at the forefront of the technology and, by 2020, had been using RON for years.  Further, other title companies send the client to a third-party notary who is unable explain or discuss the documents.  Meanwhile, all RON transactions processed through Federal Title are conducted by Federal Title’s own licensed title attorneys.  Currently, Federal Title has five attorneys authorized to conduct RON transactions, so you can rest assured that when you or your client prefers to close via RON, the closing will still be conducted by an experienced, licensed title attorney.

Hopefully, this time the Senate will pass the SECURE Act, possibly opening the door to lenders allowing closings to be conducted via RON.  43 states have already enacted laws allowing permanent access to remote online notarization, but the SECURE Act would establish a national standard, making it easier for lenders to accept closings conducted via RON.

 


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remote closing, remote online notarization, RON