Remote Notaries in NY State
Under a recent Executive Order signed by Governor Andrew Cuomo, New York State will now allow documents to be notarized virtually using audio-video technology through April 18, 2020. The Executive Order states that any notarial act that is required under New York State law is authorized to be performed utilizing audio-video technology provided that the following conditions are met:
(1) The person seeking the Notary's services, if not personally known to the Notary, must present valid photo ID to the Notary during the video conference, not merely transmit it prior to or after;
(2) The video conference must allow for direct interaction between the person and the Notary (e.g. no pre-recorded videos of the person signing);
(3) The person must affirmatively represent that he or she is physically situated in the State of New York;
(4) The person must transmit by fax or electronic means a legible copy of the signed document directly to the Notary on the same date it was signed;
(5) The Notary may notarize the transmitted copy of the document and transmit the same back to the person; and
(6) The Notary may repeat the notarization of the original signed document as of the date of execution provided the Notary receives such original signed document together with the electronically notarized copy within thirty days after the date of execution.
Many people in the real estate industry say that this is a necessary step to keep deals moving during the Coronavirus pandemic. Since real estate closings have been moving ahead during the pandemic by the use of virtual closings, there is a need for the acceptance of virtual notary services. It should be noted that even though the Executive Order provides for the use of virtual notaries, one must make sure that their title company is willing to insure title with the use of such virtually notarized documents.
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