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    Home»LAW & ORDER»The Legal Implications of Virtual Notarization and How to Ensure Compliance
    LAW & ORDER

    The Legal Implications of Virtual Notarization and How to Ensure Compliance

    Tricky AdminBy Tricky AdminJune 13, 2023Updated:June 13, 2023No Comments4 Mins Read
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    Legal Implications of Virtual Notarization
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    As a result of the COVID-19 pandemic, many states now allow certified notaries to perform remote online notarizations (RON). RON allows document signers and commissioned notaries public to connect through an online audiovisual web conference.

    During a RON session, the notary public must verify the signer’s identity through identification documents and knowledge-based authentication (KBA). Commercial software can be used for credential analysis and ID proofing.

    Authentication

    When a notary witnesses a document signer, they must ensure they are who they claim to be. Using a digital process powered by a RON provider is easier than ever.

    Using identity proofing technology, a RON platform verifies the signers’ identities through verified ID documents and uses knowledge-based authentication to ensure the signer answers questions accurately. These checks reduce the odds of a fraudulent transaction, coercion, or forgery.

    As a top RON provider, legal, industry, and compliance teams carefully reviewed the new law to ensure their platform meets all its requirements. We are now ready to help residential mortgage lenders and title agents grow their businesses with a simple, intuitive, and secure closing experience.

    Confidentiality

    In a typical remote online notarization, the signer and the Notary connect via an audiovisual communication technology capable of verifying identity through photo ID, credential analysis, and identity proofing. The notary public also records an electronic journal of the notarization session for future reference.

    NDAs are commonly used in business to protect valuable ideas about new products, inventions, and intellectual property from becoming known to competitors or the public. They are also frequently employed in mergers and acquisitions that require sensitive information to remain confidential until the transaction is complete.

    During the Covid-19 pandemic, many companies sought solutions to remotely execute mortgage loans and other legal documents. While federal and state laws can vary, a close look at law offers instructional guidance on best practices for virtual notarization.

    Recordkeeping

    The key to complying with RON laws is an audiovisual recording of the session and an electronic journal capturing all notarization-related information. The recording and journal are critical evidence if the notarized document or eSignature is questioned.

    RON sessions are conducted in a live, two-way audiovisual session with the signer and Notary through a webcam or front-facing mobile phone or tablet selfie camera on a vendor platform or app. This allows the Notary to see the signer’s ID and communicate with them in real time during the notarization.

    Digitally streamline the end-to-end remote notarization process for a fast, efficient, trusted experience with signers. Ensure compliance with RON and other eSignature laws across the country with a reputable RON vendor that offers a white-label solution with a robust audit trail and tamper-evident seal.

    Reliability

    To ensure notaries’ adherence to strict standards, top RON platforms follow a rigorous process for onboarding new notaries. This includes a training and exam requirement and a thorough background check. The method also ensures that each state’s RON laws are met.

    Unlike traditional notarizations that use paper documents, remote online notarizations utilize web conferencing technology to allow the signer and Notary to see and speak to one another. This enables the Notary to perform knowledge-based authentication and ID verification.

    As a result, it is harder for criminals to fake or impersonate the signer. The process also yields a more efficient experience for the signer and Notary. That is why mortgage professionals are turning to RON to grow their businesses during the COVID-19 pandemic and beyond.

    Security

    RON can inspire some skepticism regarding security, but high-performing providers ensure their digital designs comply with state notary laws. They make identity verification measures paramount and use tamper-evident electronic journal records that are password protected, encrypted, and immutable.

    Moreover, they provide their notaries with a video and audio conference room where the signer can see the Notary and interact with them in real-time. This makes the experience even more secure and reduces the risk of fraud and coercion since every session is recorded and saved in an archive for ten years. This is a requirement in most states. In addition, top-performing RON and eClosing vendors are certified MISMO compliant and SOC 2 Type 2 compliant. Their services are also supported by comprehensive legal, industry, and regulatory teams.

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