The Mortgage Bankers Association and American Land Title Association wrote a letter to Leslie Reynolds, executive director, National Association of Secretaries of State (NASS), requesting it supports the Securing and Enabling Commerce Using Remote and Electronic Notarization Act that was reintroduced in Congress.
The letter states, “As a follow up to the recent reintroduction of the Securing and Enabling Commerce Using Remote and Electronic Notarization Act (SECURE Notarization Act) in Congress, we wanted to provide you with an outline of the reasons we support this legislation and address some of the frequently asked questions about the bill. First and foremost, the SECURE Notarization Act creates the foundation for strong consumer protections when it comes to the use of remote notarizations. Additionally, the SECURE Notarization Act was drafted to complement state notarization laws and provide benefits to every state, regardless of where they are in the process of approving use of Remote Online Notarization (RON). As a result, we hope there will be broad support from Secretaries of State for this legislative effort and that NASS will endorse the SECURE Notarization Act, which is consistent with the framework outlined in the NASS Standards for Electronic Notarization.”
The association noted the three facets of the act – permitting immediate nationwide use of RON; creating a national minimum standard for the use of RON; and providing certainty for interstate recognition of RON – work together to create legal certainty for the use of RON, “while promoting a uniform framework that will foster broader adoption of the technology.”
The associations also answered several questions members of NASS might have. One of them was, “Is the SECURE Notarization Act necessary after the COVID-19 pandemic ends?”
“The SECURE Notarization Act has benefits beyond the COVID-19 pandemic,” they wrote. “The legislation allows for safer transactions via physical distancing, which pandemic or not, is a useful tool. Even as states reopen, vulnerable populations will need options that minimize or eliminate contact with others to protect their health.
“Additionally, RON improves access to notary services and thus financial services in underserved and unbanked communities,” they continued. “This helps communities where notary services are not readily available because of the absence of traditional providers like bank branches or lawyers. RON provides scheduling flexibilities, so consumers are not adversely impacted by having to take time off from work or traveling long distances to sign documents. In addition, RON helps address the “digital divide” by making some services available to those with only a cell phone.”
They also addressed why the nationwide use of RON necessary.
“The SECURE Notarization Act creates nationwide consumer choice,” the association stated. “In addition to providing all consumers access to modern notarization options, the SECURE Notarization Act creates a level playing field by giving notaries across the country the ability to offer remote notarizations. However, a notary must be commissioned by a state in order to utilize the authority provided under the SECURE Notarization Act to conduct a remote online notarization.
“RON is a convenient alternative to traditional in-person notarization for all consumers, but it is especially beneficial to consumers who are unable to easily travel to access notarial services,” they wrote. “Examples include active-duty military stationed overseas, child and elder caregivers, sick or elderly persons, and those exercising social distancing measures.”