Source: United States Senator Kevin Cramer (R-ND)
WASHINGTON – U.S. Senators Kevin Cramer (R-ND) and Mark Warner (D-VA) reintroduced their Securing and Enabling Commerce Using Remote and Electronic (SECURE) Notarization Act. This bipartisan bill would permit the nationwide use of Remote Online Notarizations (RONs), enabling notaries and signers to complete the process from different physical locations.
“In a digital world, we sign documents online and seamlessly send them around the country with the push of a few buttons. Yet, the notarization process remains stubbornly antiquated,” said Senator Cramer. “Our bill will safely and securely bring notaries across the nation into the 21st century.”
“When the COVID-19 pandemic ground our in-person economy to a halt, many states re-evaluated outdated processes in order to continue offering services remotely,” said Senator Warner. “Remote Online Notarizations proved to be a safe and convenient way for individuals to complete essential services such as executing wills, completing financial documents, and buying or selling a home online while maintaining minimum safety and security standards. This legislation would continue to modernize our notary system by permitting nationwide use of Remote Online Notarization to complete important documents.”
Senators Cramer and Warner led this legislation previously, and earlier this year, it passed the House of Representatives by voice vote. In addition to authorizing every notary in the United States to perform RONs, the SECURE Notarization Act would require the use of fraud prevention mechanisms like tamper-evident technologies and multi factor authentication.
Click here for bill text.
Existing North Dakota law allows for RONs within the state. Scaling such upgrades nationwide could improve document security, regional commerce, and record-keeping capabilities.
“Modernizing the notarization process with secure technology will help North Dakotans and all Americans conduct personal and financial transactions from the safety of their own homes,” said North Dakota Governor Doug Burgum. “We appreciate Senator Cramer and Senator Warner reintroducing this legislation to give consumers more flexibility as they make important decisions about their financial futures.”
National stakeholders endorsing the bill include the American Land Title Association (ALTA), Mortgage Bankers Association (MBA), National Association of Realtors (NAR), and American Council of Life Insurers (ACLI).
“We applaud the longstanding leadership of Senators Cramer and Warner in recognizing the clear benefits of extending RON access to all Americans and introducing this bipartisan legislation, which offers a safe and secure path to remotely close real estate and mortgage transactions, among others. By passing the SECURE Notarization Act, we can take a much-needed step into the future by modernizing the notarization process with a secure system that has proven to meet consumer needs and expectations,” said Diane Tomb, CEO of ALTA. “The U.S. House of Representatives passed this needed legislation overwhelmingly in February and we urge the Senate to do the same. The SECURE Notarization Act allows businesses and consumers the ability to execute critical documents using two-way audiovisual communication. Current requirements for a signer to physically be in the presence of a notary are often impractical and sometimes impossible, such as for those serving overseas in the military or the elderly who can’t get to a physical closing.”
“The SECURE Notarization Act is essential to support new homeowners’ access to critical documents in a safe and consistent manner and would help apply a measure of transactional freedom to the flow of essential real estate closing activities,” said Bill Killmer, Senior Vice President of Legislative and Political Affairs at MBA. “MBA appreciates Senator Cramer and Warner’s commitment to enable nationwide use of remote online notarization (RON) technology. Their continued diligence and hard work on this critical issue will greatly simplify and improve mortgage transactions for everyone pursuing the dream of homeownership.”
“The National Association of Realtors thanks Senators Cramer and Warner for their reintroduction of the SECURE Act,” said NAR President Kenny Parcell. “NAR encourages Congress to enact this legislation and provide Americans with this long-awaited technological advancement by allowing immediate nationwide use of an accessible, efficient, and secure online notarization technology. The reliability and validity of notarized public records is central to the real estate market and provides a foundation for all parties when mortgaging, purchasing, and selling real property.”
“Led by Senator Warner and Senator Cramer, this bipartisan legislation makes important changes that are needed to keep pace with the modern needs of individuals and families seeking to protect their financial future,” said Susan K. Neely, President and CEO of ACLI. “Life insurance companies showed how effectively remote online notarization works for consumers at the height of the pandemic when in-person meetings were not practical. These accommodations made by state insurance regulators should be made permanent. That is why ACLI enthusiastically endorses this legislation.”
Background:
Senator Cramer penned an op-ed in 2020 to outline advantages of modernizing the notary public. Click here to read the piece.