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In my last Title Topic, I summarized the provisions of New York’s remote notary law which became effective on February 1, 2023.
In this Title Topic, I will discuss how you can accommodate a client who needs to remotely notarize a document.
You or someone in your office could become qualified as a remote notary. As I stated in my previous Title Topic, this is a somewhat arduous process and requires the use of a third-party communications platform.
In the alternative, CATIC Title has vetted two services providers who are compliant with New York law and can assist you and your clients with remote notarization.
They are:
Professional Notary Services, Inc.
1-833-MY-NOTARY
www.ProfessionalNotaryServices.biz
NY Notary Public Services
917-453-7358
www.NYNotaryPublicServices.com
You or your client can contact one of these providers to set up a remote notary session. Be sure to request that any document to be recorded is ‘papered out’ by the notary. Papering out is a process by which the remote notary executes an ink-signed paper certificate certifying that the attached document is an accurate copy of the document that was electronically notarized. This ink-signed certificate must be attached to the electronic document and returned to you or the signer. A remotely notarized document cannot be recorded with the County Clerk unless it has been papered out.
Although the notary must be located in New York State, the signer can be anywhere in the world. Remote notarization is particularly useful if your client is in a foreign country because it eliminates the need to go to an embassy or get an apostille.
CATIC Title will insure transactions if the deed and/or mortgage are remotely notarized by one of these service providers. In a mortgage transaction, you should check with the lender to determine whether they permit remote notarization of the loan documents.
And remember, remote notarization is not permitted for powers of attorney or wills.
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