State-by-State Recording and Notarization Guidance

Responding to COVID-19 Letter From the Editor

Husch Blackwell is pleased to make available to the public its state-by- state recording and notarization guide. Since the outbreak of the COVID-19 public health crisis, our firm has tasked a group of lawyers with gathering and organizing the various guidance released across the country, as local and state officials reconsider how to tackle the social-distancing recommendations and orders used to combat the spread of the disease.

We aim to update the document frequently as new guidance is release. Bo Mahr Attorney If you have further questions about how these rapid changes impact your business, please do not hesitate to contact the firm. Stay well!

Sincerely, Bo Mahr | Attorney

Table of Contents

Alabama Illinois Montana Rhode Island Alaska Indiana Nebraska South Carolina Arizona Iowa Nevada South Dakota Arkansas Kansas N. Hampshire Tennessee California Kentucky New Jersey Texas Colorado Louisiana New Mexico Utah Connecticut Maine New York Vermont Delaware Maryland North Carolina Virginia Dist. of Col. Massachusetts North Dakota Washington Florida Michigan Ohio West Virginia Georgia Minnesota Oklahoma Wisconsin Hawaii Mississippi Oregon Wyoming Idaho Missouri Pennsylvania

Contributors Maddie Bailey Sharon Penka John Crossley Jen Rogers

State-by-State Recording and Notarization Guidance | Responding to COVID-19 Introduction

The quiet and slow progress of remote online notarization (RON) has changed dramatically with the outbreak of the COVID-19 public health emergency. For instance, this time last year, only 21 states had passed and/or enacted RON laws. That number has expanded as states have moved quickly to assess how to use RON and RON-like measures to ensure that business can still be transacted during this period of social distancing and government-mandated shutdowns of non-essential businesses.

This document provides a state-by-state overview of notarization laws and guidance. For each state we cover the following areas relating to the notarization process:

• Recording Offices • What is the current status of recording offices in the state, are they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

• Remote Notarization • Has the state authorized remote (video or audio based) notarization of documents being signed inside the state? If so, please list any relevant remote notary resources specific to the state.

• E-Signatures and E-Recording • Has the state authorized recording of electronically signed documents or do signatures have to be in ink? If the they must be in ink, does that also apply to e-recording? Is there a list of counties with e-recording available for the state?

• Mobile Notaries: • Are “mobile notaries” common in the state?

• Notarization Reciprocity • Would this state permit a document to be recorded if that document that was remotely notarized in a state that allows remote notarization?

State-by-State Recording and Notarization Guidance | Responding to COVID-19 Alabama

Questions Responses as of 4/26/2020

Recording Offices: Most offices are open but operating under restrictions and modified What is the current status of hours. An updated list of office statuses can be found here. recording offices in the state, are they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Remote notarization through video-conference was authorized by a Has the state authorized remote Proclamation of the Governor on March 26, 2020. (video or audio based) notarization of documents being signed inside the state? If so, please list any relevant remote notary resources specific to the state

E-Signatures and E-Recording: Alabama does permit recording of electronic signatures, per Ala. Has the state authorized recording Code § 35-4-122. This includes the in-person, or through drop-off, of electronically signed documents recording of physical documents that have electronic signatures either or do signatures have to be in ink? provided by you or provided by an electronic signature service such as If the they must be in ink, does that DocuSign. also apply to e-recording? Is there Several Alabama counties permit e-recording—the submission, review, a list of counties with e-recording and recording of documents through a completely online process. available for the state? A list of such counties can be found here.

Mobile Notaries: Mobile notaries are available in Alabama. There are multiple online Are “mobile notaries” common platforms for providing state-specific notary options, and indicating in the state? If so, is there a whether (and how far) the notary is willing to travel. recommended service?

Notarization Reciprocity: Ala. Code § 35-4-26(b) states that a certificate of acknowledgment Would this state permit a taken in another state shall be sufficient in Alabama if it’s taken in document to be recorded if that accordance with the law of the state where the acknowledgment is made.

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Alaska

Questions Responses as of 4/26/2020

Recording Offices: Offices are open but operating under modified hours and restrictions. What is the current status of An updated list of office statuses can be found here. recording offices in the state, are they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: HB 124 passed on 3/22 to allow online notaries but has not yet been Has the state authorized remote signed by the Governor of AK and remote online notary is not yet (video or audio based) notarization allowed. of documents being signed inside the state? If so, please list any relevant remote notary resources specific to the state

E-Signatures and E-Recording: All Alaska counties permit e-recording. A list of such counties can be Has the state authorized recording found here. of electronically signed documents E-Signatures are accepted under the Uniform Electronic Transaction or do signatures have to be in ink? Act. This includes the in-person, or through drop-off, recording of If the they must be in ink, does that physical documents that have electronic signatures either provided by also apply to e-recording? Is there you or provided by an electronic signature service such as DocuSign. a list of counties with e-recording available for the state?

Mobile Notaries: Mobile notaries are available in Alaska. There are multiple online Are “mobile notaries” common platforms for providing state-specific notary options, and indicating in the state? If so, is there a whether (and how far) the notary is willing to travel. recommended service?

Notarization Reciprocity: Notarial acts may be performed outside the state of Alaska for use in Would this state permit a the state with the same effect as if performed by a notary public of the document to be recorded if that state under Sec. 09.63.050. document that was remotely notarized in a state that allows remote notarization?

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Arizona

Questions Responses as of 4/26/2020

Recording Offices: As of now the majority of recording offices are open and operating What is the current status of normally with most offices open for recording but closed to the recording offices in the state, are general public. Updates can be found here. they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Arizona passed SB 1030 authorizing remote notarization, which is Has the state authorized remote to become effective July 1, 2020. The Arizona Secretary of State will (video or audio based) notarization promulgate rules for remote notarization on or before the effective of documents being signed inside date. the state? If so, please list any relevant remote notary resources specific to the state.

E-Signatures and E-Recording: Arizona does permit recording of electronic signatures, per Arizona Has the state authorized Revised Statutes Section 44-7007. This includes the in-person, recording of electronically signed or through drop-off, recording of physical documents that have documents or do signatures electronic signatures either provided by you or provided by an have to be in ink? If the they electronic signature service such as DocuSign. must be in ink, does that also apply to e-recording? Is there a All Arizona counties permit e-recording—the submission, review, and list of counties with e-recording recording of documents through a completely online process. A list of available for the state? such counties can be found here.

Mobile Notaries: Mobile notaries are available in Arizona. There are multiple online Are “mobile notaries” common platforms for providing state-specific notary options, and indicating in the state? If so, is there a whether (and how far) the notary is willing to travel. recommended service?

Notarization Reciprocity: Arizona Revised Statutes Section 33-501 states that a certificate Would this state permit a of acknowledgment taken in another state shall be sufficient in document to be recorded if that Arizona if it’s taken in accordance with the law of the state where the document that was remotely acknowledgment is made. notarized in a state that allows remote notarization?

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Arkansas

Questions Responses as of 4/26/2020

Recording Offices: Most offices are open but with restrictions and modified hours. What is the current status of To see an updated list click here. recording offices in the state, are they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Arkansas has issued an executive order effective March 30 allowing Has the state authorized remote certain limited Notaries to perform notarizations using real-time (video or audio based) notarization audiovisual means. The order permits audio and visual conference of documents being signed inside technology to replace the physical presence requirement in Arkansas the state? If so, please list any when signing and notarizing paper documents. The signer and Notary relevant remote notary resources must both be in the state at the time of notarization. specific to the state.

E-Signatures and E-Recording: E-Recording is available in some, but not all, Arkansas Counties. Has the state authorized A list of such counties can be found here. recording of electronically signed E-Signatures are acceptable and documents should comply with the documents or do signatures Uniform Real Property Electronic Recording Act. have to be in ink? If the they must be in ink, does that also apply to e-recording? Is there a list of counties with e-recording available for the state?

Mobile Notaries: Mobile notaries are available. There are multiple online platforms for Are “mobile notaries” common providing state-specific notary options, and indicating whether (and in the state? If so, is there a how far) the notary is willing to travel. recommended service?

Notarization Reciprocity: Arkansas Statute Section 16-47-102 details the requirements for a Would this state permit a valid form of acknowledgement. document to be recorded if that document that was remotely notarized in a state that allows remote notarization?

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 California

Questions Responses as of 4/26/2020

Recording Offices: As of now the majority of recording offices are open and operating What is the current status of normally with most offices open for recording but closed to the recording offices in the state, are general public. Updates can be found here. they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: California does not allow for remote notarization at this time. Has the state authorized remote (video or audio based) notarization of documents being signed inside the state? If so, please list any relevant remote notary resources specific to the state.

E-Signatures and E-Recording: California does permit recording of electronic signatures, per Has the state authorized Government Code section 16.5. This includes the in-person, or recording of electronically signed through drop-off, recording of physical documents that have documents or do signatures electronic signatures either provided by you or provided by an have to be in ink? If the they electronic signature service such as DocuSign. must be in ink, does that also Many California counties also permit e-recording—the submission, apply to e-recording? Is there a review, and recording of documents through a completely online list of counties with e-recording process. A list of counties which make full e-recording available can available for the state? be found here.

Mobile Notaries: Mobile notaries, or travel notaries, are common in California and are Are “mobile notaries” common currently authorized to work during shelter in place. There are multiple in the state? If so, is there a online platforms for providing state-specific notary options, and recommended service? indicating whether (and how far) the notary is willing to travel.

Notarization Reciprocity: California Civil Code 1189(b) states that a certificate of Would this state permit a acknowledgment taken in another state shall be sufficient in California document to be recorded if that if it’s taken in accordance with the law of the state where the document that was remotely acknowledgment is made. notarized in a state that allows remote notarization?

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Colorado

Questions Responses as of 4/26/2020

Recording Offices: Most of Colorado’s recording offices are either closed or are operating What is the current status of on a modified schedule. Up to date information on the status of recording offices in the state, are Colorado’s recording offices is here. they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Yes, Colorado has temporarily authorized remote online notarization Has the state authorized remote in response to growing concerns about COVID-19. The Executive (video or audio based) notarization Order authorizing remote online notarization was issued on March 27, of documents being signed inside 2020, and remains in effect for 30 days unless extended by further the state? If so, please list any Executive Order. relevant remote notary resources The Secretary of State has promulgated Emergency Remote specific to the state. Notarization rules to implement the Executive Order.

E-Signatures and E-Recording: Colorado permits recording of electronic signatures, per Colorado’s Has the state authorized Uniform Electronic Transactions Act. recording of electronically signed All 64 counties in Colorado allow e-recording. documents or do signatures have to be in ink? If the they must be in ink, does that also apply to e-recording? Is there a list of counties with e-recording available for the state?

Mobile Notaries: Mobile notaries are available in Colorado. There are multiple online Are “mobile notaries” common platforms for providing state-specific notary options, and indicating in the state? If so, is there a whether (and how far) the notary is willing to travel. recommended service?

Notarization Reciprocity: Notarial acts may be performed outside this state for use in this state Would this state permit a with the same effect as if performed by a notary public of this state document to be recorded if that by a notary public authorized to perform notarial acts in the place in document that was remotely which the act is performed. Colo. Rev. Stat. § 12-55-203. notarized in a state that allows remote notarization?

Other: A remote online notary may only perform a remote notarization for an Are there any other recording or individual located in the state of Colorado. notarization issues, processes, or upcoming items of importance?

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Connecticut

Questions Responses as of 4/26/2020

Recording Offices: As of now the majority of recording offices are open and operating What is the current status of normally with most offices open for recording but closed to the recording offices in the state, are general public. Updated information can be found here. they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Remote notarization is now temporarily authorized under recent Has the state authorized remote emergency guidance, through June 23, 2020, if specific requirements (video or audio based) notarization are met. of documents being signed inside the state? If so, please list any relevant remote notary resources specific to the state.

E-Signatures and E-Recording: Connecticut does permit recording of electronic signatures, per Has the state authorized Regulations of Connecticut State Agencies Section 7-35ee-1. This recording of electronically signed includes the in-person, or through drop-off, recording of physical documents or do signatures documents that have electronic signatures either provided by you or have to be in ink? If the they provided by an electronic signature service such as DocuSign. must be in ink, does that also Most Connecticut counties permit e-recording—the submission, apply to e-recording? Is there a review, and recording of documents through a completely online list of counties with e-recording process. A list of such counties can be found here. available for the state?

Mobile Notaries: Mobile notaries are available in Connecticut. There are multiple online Are “mobile notaries” common platforms for providing state-specific notary options, and indicating in the state? If so, is there a whether (and how far) the notary is willing to travel. recommended service?

Notarization Reciprocity: Connecticut General Statutes Section 1-30 states that a certificate Would this state permit a of acknowledgment taken in another state shall be sufficient in document to be recorded if that Connecticut if it’s taken in accordance with the law of the state where document that was remotely the acknowledgment is made. notarized in a state that allows remote notarization?

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Delaware

Questions Responses as of 4/26/2020

Recording Offices: Offices are open but with restrictions on in-person appearances. Up to What is the current status of date information on the status of Delaware’s recording offices is here. recording offices in the state, are they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Delaware does not currently allow remote online notarization. Has the state authorized remote (video or audio based) notarization of documents being signed inside the state? If so, please list any relevant remote notary resources specific to the state

E-Signatures and E-Recording: Delaware permits electronic signatures, per Delaware’s Uniform Has the state authorized recording Electronic Transactions Act. of electronically signed documents Delaware has also authorized authorize land records officials to or do signatures have to be in ink? accept, store, and protect documents in electronic form per Delaware’s If the they must be in ink, does that Uniform Real Property Electronic Recording Act. also apply to e-recording? Is there a list of counties with e-recording All three recording counties in Delaware accept e-Recorded available for the state? documents.

Mobile Notaries: Mobile notaries are available in Delaware. There are multiple online Are “mobile notaries” common platforms for providing state-specific notary options, and indicating in the state? If so, is there a whether (and how far) the notary is willing to travel. recommended service?

Notarization Reciprocity: Delaware recognizes notarizations when performed in another state Would this state permit a when performed by a notary public of that state. Del. Code Ann. Tit. 29 document to be recorded if that § 4324. document that was remotely notarized in a state that allows remote notarization?

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 District of Columbia

Questions Responses as of 4/26/2020

Recording Offices: DC recorder of deeds accepts all types of documents electronically. What is the current status of Office is currently closed to the public but still accepting e-recording. recording offices in the state, are they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: DC does have electronic notarization under DC Law 22-189. Has the state authorized remote (video or audio based) notarization of documents being signed inside the state? If so, please list any relevant remote notary resources specific to the state

E-Signatures and E-Recording: DC Law 28-4906 permits E-Signatures. Has the state authorized recording DC accepts e-recordings through Simplifile. of electronically signed documents or do signatures have to be in ink? If the they must be in ink, does that also apply to e-recording? Is there a list of counties with e-recording available for the state?

Mobile Notaries: Mobile notaries are available in DC. There are multiple online platforms Are “mobile notaries” common for providing state-specific notary options, and indicating whether in the state? If so, is there a (and how far) the notary is willing to travel. recommended service?

Notarization Reciprocity: DC recognizes notarizations when performed in another state under Would this state permit a Section 1–1231.10. document to be recorded if that document that was remotely notarized in a state that allows remote notarization?

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Florida

Questions Responses as of 4/26/2020

Recording Offices: Offices in Florida remain open but many with restrictions and modified What is the current status of hours. Please see more information for each county here. A list of recording offices in the state, are county status can be viewed here. they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Yes, The Florida Department of State has published administrative rules Has the state authorized remote that cover registering for and performing remote online notarizations (video or audio based) notarization (RON) and electronic notarization is also permitted under Chapter 117.295 of documents being signed inside Notaries Public. the state? If so, please list any Also as of March 18, 2020 Florida Supreme County Covid-19 Emergency relevant remote notary resources Procedures issued a temporary order allowing any Florida commissioned specific to the state. notary (including a notary not registered as an online notary) to administer oaths remotely by audio-video communication, provided the notary be located in the State of Florida when administering the oath and able to verify the identity of the witness.

E-Signatures and E-Recording: Yes. E-signatures and the use of electronic documents are permitted as Has the state authorized is E-Recording. recording of electronically signed Florida’s UETA in Sec. 668.50(7)(a)-(d) guarantees that all electronic documents or do signatures records and E-signatures (including digital signatures) have the same have to be in ink? If the they force and legal-effect as a hardcopy and wet-ink. must be in ink, does that also Most counties are E-recording (Fla. State Sec 695.27) but are only apply to e-recording? Is there a required to accept electronic signatures that they have the technology list of counties with e-recording to support AND have no responsibility to authenticate electronic available for the state? signatures. A list of E-Recording counties can be viewed here.

Mobile Notaries: Although mobile notaries are used they may not be as common as RON Are “mobile notaries” common since mobile notaries often charge for mileage and travel time. We do in the state? If so, is there a not currently have a recommended service. Of note, all mobile notaries recommended service? and signing agents are considered to be an essential service during the COVID-19 emergency.

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Florida (continued)

Questions Responses as of 4/26/2020

Notarization Reciprocity: Florida will recognize notarizations taken in other states in accordance Would this state permit a with Section 92.50. document to be recorded if that document that was remotely notarized in a state that allows remote notarization?

Other: Once the emergency order expires, a Notary Public, civil law Notary, or Are there any other recording or commissioner of deeds will need to apply for a commission as an online notarization issues, processes, or notary public in order to conduct a remote notarial act. upcoming items of importance? Also, Florida online notary is required to use remote online notary service providers to facilitate the performance of online notarization, and must comply with standards and requirements pursuant to F.S. Section 117.295, must use tamper-evident technologies and keep an electronic journal consistent with the RON regulations.

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Georgia

Questions Responses as of 4/26/2020

Recording Offices: Offices are open but many with restrictions and modified hours. For What is the current status of updates on statues see here here. recording offices in the state, are they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Yes, on a temporary basis which will expire at the conclusion of the Public Has the state authorized remote Health State of Emergency declared in Executive Orders 03.14.20.01 (video or audio based) notarization and 04.05.20.02, which is currently May 13, 2020, unless extended or of documents being signed inside otherwise amended. the state? If so, please list any The Governor of Georgia issued two emergency orders Executive Order relevant remote notary resources 03.31.20.01 (77.51 KB) on March 31st and Executive Order 04.09.20.01 specific to the state. (261.82 KB) on April 9th. The orders allow the use of real-time audio- visual communication technology to meet the requirement for physical presence before a notary public under Chapter 17 of Title 45 of the Official Code of Georgia. The notary public must be physically located in the state of Georgia, the signatory must provide satisfactory identification pursuant to Code Section 45-17-8 in real time, and the signer must transmit a copy of the signed document to the notary public on the same date it was executed for execution by the notary.

Yes, to both. Georgia adopted UETA in Georgia Code Title 10 Chapter E-Signatures and E-Recording: Has the state authorized 12 (Sec 10-12-7) recognizes E-Signatures and electronic have the same recording of electronically signed legal effect as an original signature or record. Additionally, Georgia documents or do signatures URPERA permits electronic recording of documents including real have to be in ink? If the they property documents such as deeds and mortgages. A majority of must be in ink, does that also counties in Georgia permit e-recording. apply to e-recording? Is there a Most counties in Georgia allow e-recording. A list of such counties can list of counties with e-recording be found here. available for the state?

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Georgia (continued)

Questions Responses as of 4/26/2020

Mobile Notaries: Mobile notaries are common in Georgia and all mobile notaries and Are “mobile notaries” common signing agents are considered to be an essential service during the in the state? If so, is there a COVID-19 emergency. recommended service?

Notarization Reciprocity: Georgia requires all out of state notarial acts be substantially Would this state permit a consistent with Georgia’s notarial provisions, so whether the Executive document to be recorded if that Order 03.31.20.01 (77.51 KB) on March 31st and Executive Order document that was remotely 04.09.20.01 (261.82 KB) also would permit these on a temporary basis notarized in a state that allows remains unclear. remote notarization?

Other: Georgia adopted UETA and the URPERA permits the use of certain Are there any other recording or secure technologies for affixing an electronic signature to a document notarization issues, processes, or upcoming items of importance?

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Hawaii

Questions Responses as of 4/26/2020

Recording Offices: Hawaii’s office is open and operating under a modified schedule. What is the current status of Updated information can be found here. recording offices in the state, are they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Per an Emergency Rule passed by the Governor, remote online Has the state authorized remote notarization is legal through April 30, 2020. (video or audio based) notarization of documents being signed inside the state? If so, please list any relevant remote notary resources specific to the state

E-Signatures and E-Recording: Hawaii does permit recording of electronic signatures, per Hawaii Has the state authorized recording Statute § 502-122. This includes the in-person, or through drop-off, of electronically signed documents recording of physical documents that have electronic signatures either or do signatures have to be in ink? provided by you or provided by an electronic signature service such as If the they must be in ink, does that DocuSign. also apply to e-recording? Is there Hawaii permit e-recording—the submission, review, and recording of a list of counties with e-recording documents through a completely online process—through its Bureau available for the state? of Conveyances.

Mobile Notaries: Mobile notaries are available in Hawaii. There are multiple online Are “mobile notaries” common platforms for providing state-specific notary options, and indicating in the state? If so, is there a whether (and how far) the notary is willing to travel. recommended service?

Notarization Reciprocity: Hawaii Statute § 502-45 states that a certificate of acknowledgment Would this state permit a taken in another state shall be sufficient in Hawaii if it’s taken in document to be recorded if that accordance with the law of the state where the acknowledgment document that was remotely is made. notarized in a state that allows remote notarization?

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Idaho

Questions Responses as of 4/26/2020

Recording Offices: Most offices are open but with restrictions and modified hours. What is the current status of Updated statuses can be found here. recording offices in the state, are they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Idaho’s RON authorization went into effect on January 1, 2020. Has the state authorized remote (video or audio based) notarization of documents being signed inside the state? If so, please list any relevant remote notary resources specific to the state

E-Signatures and E-Recording: E-Signatures are accepted under the Uniform Electronic Transaction Has the state authorized recording Act. This includes the in-person, or through drop-off, recording of of electronically signed documents physical documents that have electronic signatures either provided by or do signatures have to be in ink? you or provided by an electronic signature service such as DocuSign. If the they must be in ink, does that E-recording is authorized in all counties in Idaho and can be also apply to e-recording? Is there found here. a list of counties with e-recording available for the state?

Mobile Notaries: Mobile notaries are available in Idaho. There are multiple online Are “mobile notaries” common platforms for providing state-specific notary options, and indicating in the state? If so, is there a whether (and how far) the notary is willing to travel. recommended service?

Notarization Reciprocity: Notarial acts of other states are recognized in Idaho under Section Would this state permit a 51-111. document to be recorded if that document that was remotely notarized in a state that allows remote notarization?

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Illinois

Questions Responses as of 4/26/2020

Recording Offices: IL Recorder’s offices appear to be largely open for recording in some What is the current status of capacity however more and more counties are not open to the general recording offices in the state, are public/researchers. There are a handful of counties such as Adams, they: (1) largely open to the public Bond, Brown, Champaign, and Henry counties permitting in-person and operating normally, (2) largely services by appointment only. Most are still accepting e-recording and open for recording but not to the mail-ins and some counties such as Cass, Clinton, Crawford, Dewitt, public or for searchers, (3) largely Fulton, Henderson and Lake also have drop-box capabilities. Grundy, closed, or (4) a mixture? Coles, and Jo Davies counties are experiencing processing delays and have more limited operational hours. Currently, we are only aware of a temporary closure for McHenry County. A list of recorder offices’ status can be viewed here.

Remote Notarization: Yes, temporarily. Governor’s Executive Order in Response to COVID-19 Has the state authorized remote (effective as of 3/26/2020 and through the duration of the Gubernatorial (video or audio based) notarization Disaster Proclamation), the requirement that a person must “appear of documents being signed inside before” a Notary Public commissioned under the laws of Illinois pursuant the state? If so, please list any to the Illinois Notary Act, 5 ILCS 312/6-102, is satisfied if the Notary Public relevant remote notary resources performs a remote notarization via two-way audio-video communication specific to the state. technology, provided that the Notary Public commissioned in Illinois is physically within the state while performing the notarial act and the transaction follows the guidance posted by the Illinois Secretary of State on its website.. These guidelines also require that the signatory show the notary all pages of the document and initial each page.

E-Signatures and E-Recording: Illinois permits E-Recording pursuant to URPERA Section 1400.30. Has the state authorized County recorders are only required to record documents containing recording of electronically signed electronic signatures and notary acknowledgements if they have the documents or do signatures technology to support. have to be in ink? If the they A list of E-Recording counties can be viewed here. must be in ink, does that also All E-Signatures are required to comply with the Electronic Commerce apply to e-recording? Is there a Security Act, ILCS 175/5-120(c). E-Signatures are permitted for list of counties with e-recording licensing, permitting, other regulatory function and technical available for the state? submissions of a design professional. Limited permission for E-Signatures for instruments of title only if an electronic version of such record is created, stored, and transferred in a manner that allows for the existence of only one unique, identifiable, and unalterable original with the functional attributes of an equivalent physical instrument, that can be possessed by only one person, and which cannot be copied except in a form that is readily identifiable as a copy.

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Illinois (continued)

Questions Responses as of 4/26/2020

Mobile Notaries: Mobile Notaries are used in Illinois, however mobile notaries are urged to Are “mobile notaries” common practice social distancing and to use proper protections and sanitization in the state? If so, is there a during the exchange of documents. Of note, all mobile notaries and recommended service? signing agents are considered to be an essential service during the COVID-19 emergency.

No specific provisions were provided to permit a document to be Notarization Reciprocity: recorded if it was notarized in a RON state. Although there are no Would this state permit a regulations specifically approving out of state RON notaries, Illinois document to be recorded if that does recognizes out of state notarial acts per 765 ILCS 30. Also, it is document that was remotely permissible for an Illinois notary public to perform a notarial act in any notarized in a state that allows county within state boundaries so long as the notary resides in the same remote notarization? county in which he or she was commissioned. Illinois notaries may perform notarial acts in reciprocating and neighboring states but only if they are also appointed and commissioned as a notary public in those states.

Other: COVID-19 Executive Order No. 12 requires that a two-way audio-video Are there any other recording or communication technology must allow for direct, contemporaneous notarization issues, processes, or interaction between the individual signing the document and the upcoming items of importance? witness by sight and sound. The two-way audio-video communication technology must be recorded and preserved by the signatory or the signatory’s designee for a period of at least 3 years. E-Signatures are not permitted if they are clearly inconsistent with the manifest intent of a lawmaking body or in the creation or execution of a will or trust. In each of cases where E-signatures are permitted, it is necessary to have a procedure in place for the purpose of verifying that an electronic record is that of such party and it was performed out of necessity in order to proceed further with a transaction. All non-resident notaries may also perform notarial acts within the State of Illinois’ boundaries, so long as the notary’s principal place of work or principal place of business is in the same county in Illinois in which the notary was commissioned. (5 ILCS 312/3-105) (from Ch. 102, par. 203-105).

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Indiana

Questions Responses as of 4/26/2020

Recording Offices: Although some counties are closed, the majority of the county What is the current status of recorder’s offices are open in some capacity but closed for in-person recording offices in the state, are services and researchers. A list of county status can be viewed here. they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Yes, according to Indiana statute RON is permitted to be performed Has the state authorized remote through audio visual communication and involving an electronic (video or audio based) notarization record. The audio visual communication must be a real time, two-way, of documents being signed inside visual and auditory communication through technology that has been the state? If so, please list any approved by the Secretary of State, and the Secretary must be notified relevant remote notary resources of the selection. specific to the state

E-Signatures and E-Recording: Yes, both E-Signatures and E-Recordings are authorized. Indiana Has the state authorized recording URPERA also permits the recording of a document that is electronic of electronically signed documents and/or contains an E-Signature per IC 32-21-2.5-7. or do signatures have to be in ink? If the they must be in ink, does that Most, Indiana counties accept e-recordings. A list of E-Recording also apply to e-recording? Is there counties can be viewed here. a list of counties with e-recording available for the state?

Mobile Notaries: Although there are many vendors providing mobile notary services, Are “mobile notaries” common we do not currently have a recommended service. Of note, all mobile in the state? If so, is there a notaries and signing agents are considered to be an essential service . recommended service?

Notarization Reciprocity: A notarial act performed in another state is presumed valid and has the Would this state permit a same effect as a notarial act performed by a notarial officer of Indiana document to be recorded if that if done in accordance with IC 33-42-9-8. document that was remotely notarized in a state that allows remote notarization?

Other: IC 33-42-0.5-27 In order to become an online notary, a notary public Are there any other recording or must: (a) complete any education requirements prescribed by the notarization issues, processes, or Secretary of State, (b) be able to competently operate audiovisual upcoming items of importance? communication technology and use identity proofing and credential analysis technology; and (c) pay a $5.00 registration fee.

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Iowa

Questions Responses as of 4/26/2020

Recording Offices: Most of Iowa’s recording offices are open, but more than half of the What is the current status of offices have modified their hours. Up to date information on the status recording offices in the state, are of Iowa recording offices is here. they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Yes, remote online notarization has been authorized permanently in Has the state authorized remote Iowa, but the implementing legislation is not effective until July 1, 2020. (video or audio based) notarization Iowa’s Governor has temporarily authorized remote online notarization of documents being signed inside by a Declaration of Disaster Emergency effective March 22, 2020, and the state? If so, please list any remaining in effect “for the duration of the COVID-19 emergency.” relevant remote notary resources The Iowa Secretary of State has provided guidance for remote online specific to the state notarization.

E-Signatures and E-Recording: Iowa permits recording of electronic signatures, per Iowa’s Uniform Has the state authorized recording Electronic Transactions Act. of electronically signed documents or do signatures have to be in ink? All 99 counties in Iowa allow e-recording. If the they must be in ink, does that also apply to e-recording? Is there a list of counties with e-recording available for the state?

Mobile Notaries: Mobile notaries are available in Iowa. There are multiple online Are “mobile notaries” common platforms for providing state-specific notary options, and indicating in the state? If so, is there a whether (and how far) the notary is willing to travel. recommended service?

Notarization Reciprocity: Typically, notarizations performed in another state would only be Would this state permit a recognized in Iowa if the signer physically appeared before the Notary document to be recorded if that or notarial officer. Iowa Code §§ 9B.6; 9B.11. document that was remotely notarized in a state that allows However, the personal appearance requirement in Iowa Code 9B.6 has remote notarization? been temporarily suspended during the COVID-19 pandemic.

Other: An Iowa notary with a traditional commission may perform a remote Are there any other recording or online notarization, after applying with and being accepted as a remote notarization issues, processes, or online notary by the Secretary of State. upcoming items of importance? Iowa notaries performing remote online notarizations must pick an online third party service provider such as eNotarizeDox by Signix, Notarize or DocVerify.

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Kansas

Questions Responses as of 4/26/2020

Recording Offices: As of now the majority of recording offices are open and operating What is the current status of normally with most offices open for recording but closed to the recording offices in the state, are general public. Updates can be found here. they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Kansas allows remote online notarization in accordance with this Has the state authorized remote emergency order. (video or audio based) notarization of documents being signed inside the state? If so, please list any relevant remote notary resources specific to the state

E-Signatures and E-Recording: Kansas does permit recording of electronic signatures, per Kansas Has the state authorized recording Admin. Regulations Art. 43 Title 7. This includes the in-person, or of electronically signed documents through drop-off, recording of physical documents that have electronic or do signatures have to be in ink? signatures either provided by you or provided by an electronic If the they must be in ink, does that signature service such as DocuSign. also apply to e-recording? Is there Most Kansas counties permit e-recording—the submission, review, and a list of counties with e-recording recording of documents through a completely online process. A list of available for the state? such counties can be found here.

Mobile Notaries: Mobile notaries are available in Kansas. There are multiple online Are “mobile notaries” common platforms for providing state-specific notary options, and indicating in the state? If so, is there a whether (and how far) the notary is willing to travel. recommended service?

Notarization Reciprocity: K.S.A 58.2228 states that a certificate of acknowledgment taken in Would this state permit a another state shall be sufficient in Kansas if it’s taken in accordance document to be recorded if that with the law of the state where the acknowledgment is made. document that was remotely notarized in a state that allows remote notarization?

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Kentucky

Questions Responses as of 4/26/2020

Recording Offices: Many of Kentucky’s recording offices have modified their hours. Up to What is the current status of date information on the status of Iowa recording offices is here. recording offices in the state, are they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Yes, remote online notarization has been authorized in Kentucky Has the state authorized remote (video or audio based) notarization of documents being signed inside the state? If so, please list any relevant remote notary resources specific to the state

E-Signatures and E-Recording: Kentucky permits recording of electronic signatures, per the Kentucky Has the state authorized recording Uniform Electronic Transactions Act. of electronically signed documents Kentucky has also authorized recording electronic documents with or do signatures have to be in ink? electronic signatures per the Kentucky Uniform Real Property Electronic If the they must be in ink, does that Recording Act. also apply to e-recording? Is there a list of counties with e-recording A list of Kentucky counties that allow e-recording is available here, available for the state? and indicates that only a few of Kentucky’s counties are accepting documents for eRecording.

Mobile Notaries: Mobile notaries are available in Kentucky. There are multiple online Are “mobile notaries” common platforms for providing state-specific notary options, and indicating in the state? If so, is there a whether (and how far) the notary is willing to travel. recommended service?

Notarization Reciprocity: Kentucky recognizes out of state notarizations by notaries authorized Would this state permit a to perform notarial acts in the place in which the notarial act is document to be recorded if that performed. Ky. Rev. Stat. § 423.110. document that was remotely notarized in a state that allows remote notarization?

Other: A notary commissioned as an At Large Notary Public in Kentucky can Are there any other recording or apply for a commission as a remote online notary, although the link for notarization issues, processes, or registration/application appears to be currently under maintenance. upcoming items of importance?

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Louisiana

Questions Responses as of 4/26/2020

Recording Offices: Offices remain open but many maintain restrictions and modified What is the current status of hours, all accept e-Recording of documents. Up to date information on recording offices in the state, are the status of Louisiana’s recording offices is here. they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Louisiana’s Governor has temporarily authorized remote online Has the state authorized remote notarization by Emergency Executive Order effective retroactively (video or audio based) notarization from March 11, 2020 through April 13, 2020; however, this order has yet of documents being signed inside to be extended. the state? If so, please list any relevant remote notary resources specific to the state

E-Signatures and E-Recording: Louisiana permits electronic signatures, per Louisiana’s Uniform Has the state authorized recording Electronic Transactions Act. Louisiana also permits electronic filing of electronically signed documents and recording of written real estate instruments, except original maps, or do signatures have to be in ink? plats, property descriptions, or photographs as related to the work of If the they must be in ink, does that a professional surveyor engaged in the “Practice of Land Surveying” as also apply to e-recording? Is there defined in R.S. 37:682. a list of counties with e-recording Most all Louisiana counties allow e-recording. A list such counties that available for the state? allow e-recording can be found here.

Mobile Notaries: Mobile notaries are available in Louisiana. There are multiple online Are “mobile notaries” common platforms for providing state-specific notary options, and indicating in the state? If so, is there a whether (and how far) the notary is willing to travel. recommended service?

Notarization Reciprocity: Louisiana recognizes notarizations when performed in another state by Would this state permit a a notary authorized by the laws of that state to perform a notarization. document to be recorded if that La. Rev Stat. Ann § 35-513. document that was remotely notarized in a state that allows

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Maine

Questions Responses as of 4/26/2020

Recording Offices: Offices are open but many with restrictions and modified hours. For What is the current status of updates and statues see here. recording offices in the state, are they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Yes, as of April 8, 2020, Maine’s Governor Janet T. Mills signed Has the state authorized remote Executive Order allowing Remote notarization and temporarily (video or audio based) notarization suspending requirements for a person to be present. of documents being signed inside The order will expire on April 30, 2020 unless otherwise extended the state? If so, please list any or ordered. relevant remote notary resources specific to the state

E-Signatures and E-Recording: E-signatures and electronic records are authorized per Chapter 1051 Has the state authorized recording Maine UETA. Additionally, although Maine has not adopted URPERA of electronically signed documents which would allow recording offices to accept deeds/other property or do signatures have to be in ink? document in electronic form, digital signatures have been authorized If the they must be in ink, does that per Chapter 1053 Main Digital Signature Act also apply to e-recording? Is there Most all counties in Maine allow e-recording. A list of such counties a list of counties with e-recording can be viewed here. available for the state?

Mobile Notaries: Mobile notaries are common in Maine and all mobile notaries and Are “mobile notaries” common signing agents are considered to be an essential service during the in the state? If so, is there a COVID-19 emergency. recommended service?

Notarization Reciprocity: Yes, Maine recognizes out of state notarial acts per Chapter 2 Would this state permit a Uniform Recognition of Acknowledgments Act §1011, including the document to be recorded if that administering of oaths and affirmations, taking proof of execution and document that was remotely acknowledgments of instruments, and attesting documents. Notarial notarized in a state that allows acts may be performed outside this state for use in this state with the remote notarization? same effect as if performed by a notary public of this state by a notary public authorized to perform notarial acts in the place in which the act is performed.

Other: The Maine Legislature is currently reviewing the uniform law RULONA Are there any other recording or per HB0293, which would permit Notaries to perform a notarial act with notarization issues, processes, or respect to electronic records. Certain recommendations are expected upcoming items of importance? to be adopted in some capacity in January 2021.

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Maryland

Questions Responses as of 4/26/2020

Recording Offices: As of now the majority of recording offices are open and operating What is the current status of normally with most offices open for recording but closed to the recording offices in the state, are general public. Updated information can be found here. they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Effective in October 2020, Maryland will allow remote online Has the state authorized remote notarization. (video or audio based) notarization of documents being signed inside the state? If so, please list any relevant remote notary resources specific to the state

E-Signatures and E-Recording: Maryland does permit recording of electronic signatures, per MD Code, Has the state authorized recording Real Property, § 3-702. This includes the in-person, or through drop-off, of electronically signed documents recording of physical documents that have electronic signatures either or do signatures have to be in ink? provided by you or provided by an electronic signature service such as If the they must be in ink, does that DocuSign. also apply to e-recording? Is there a list of counties with e-recording All Maryland counties permit e-recording—the submission, review, and available for the state? recording of documents through a completely online process. A list of such counties can be found here.

Mobile Notaries: Mobile notaries are available in Maryland. There are multiple online Are “mobile notaries” common platforms for providing state-specific notary options, and indicating in the state? If so, is there a whether (and how far) the notary is willing to travel. recommended service?

Notarization Reciprocity: Maryland Statute § 19-103 states that a certificate of acknowledgment Would this state permit a taken in another state shall be sufficient in Maryland if it’s taken in document to be recorded if that accordance with the law of the state where the acknowledgment is document that was remotely made. notarized in a state that allows remote notarization?

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Massachusetts

Questions Responses as of 4/26/2020

Recording Offices: Most offices are open but operating under restrictions and modified What is the current status of hours. An updated list of statuses can be found here. recording offices in the state, are they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Massachusetts does not allow remote online notarization at this time. Has the state authorized remote (video or audio based) notarization of documents being signed inside the state? If so, please list any relevant remote notary resources specific to the state

E-Signatures and E-Recording: E-Recording is available in all Massachusetts Counties. Has the state authorized recording E-Signatures are accepted under the Uniform Electronic Transaction of electronically signed documents Act. This includes the in-person, or through drop-off, recording of or do signatures have to be in ink? physical documents that have electronic signatures either provided by If the they must be in ink, does that you or provided by an electronic signature service such as DocuSign. also apply to e-recording? Is there a list of counties with e-recording available for the state?

Mobile Notaries: Mobile notaries are available in Massachusetts. There are multiple Are “mobile notaries” common online platforms for providing state-specific notary options, and in the state? If so, is there a indicating whether (and how far) the notary is willing to travel. recommended service?

Notarization Reciprocity: Massachusetts acknowledges notarial reciprocity under Chapter 183. Would this state permit a document to be recorded if that document that was remotely notarized in a state that allows remote notarization?

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Michigan

Questions Responses as of 4/26/2020

Recording Offices: Offices are open with many operating with new restrictions or What is the current status of modified hours. Please see updated statuses here. recording offices in the state, are they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Michigan approved remote online notarization in 2018. Has the state authorized remote (video or audio based) notarization of documents being signed inside the state? If so, please list any relevant remote notary resources specific to the state.

E-Signatures and E-Recording: Michigan Act 123 of 2010 created the “Uniform Real Property Has the state authorized Electronic Recording Act” to provide for the recording of electronic recording of electronically signed documents by a county register of deeds. Provides that an electronic documents or do signatures document satisfies any requirement that a document be an original have to be in ink? If the they for the purpose of recording. -- Provides that an electronic signature must be in ink, does that also satisfies a requirement that a document be signed for the purpose of apply to e-recording? Is there a recording. list of counties with e-recording Most Michigan counties allow e-recording. A list of such counties can available for the state? be found here.

Mobile Notaries: Yes. There are multiple services available online and should be Are “mobile notaries” common based on proximity to the signer. in the state? If so, is there a recommended service?

Notarization Reciprocity: Michigan’s Law on Notarial Acts (MiLONA), P.A. 238 of 2003 Would this state permit a establishes the recognition of acknowledgments and other notarial document to be recorded if that acts performed outside of the state. document that was remotely notarized in a state that allows remote notarization?

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Minnesota

Questions Responses as of 4/26/2020

Recording Offices: Offices are open but many with restrictions and modified hours. What is the current status of Up to date information on the status of Minnesota recording offices recording offices in the state, are is here. they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Yes, remote online notarization has been authorized in Minnesota. Has the state authorized remote Minn. Stat. 358.51 – 358.76. (video or audio based) notarization of documents being signed inside the state? If so, please list any relevant remote notary resources specific to the state.

E-Signatures and E-Recording: Minnesota permits recording of electronic signatures, per Tennessee’s Has the state authorized Uniform Real Property Electronic Recording Act. Minn. Stat. 507.0941 recording of electronically signed – 507.0948. This includes an electronic signature (such as one documents or do signatures attached to a document by a service like DocuSign), or a digitized have to be in ink? If the they image of a wet signature. must be in ink, does that also A list of Minnesota counties e-recording is available here, and apply to e-recording? Is there a indicates that almost all of Minnesota counties allow eRecording. list of counties with e-recording available for the state?

Mobile Notaries: Mobile notaries are available in Minnesota. There are multiple online Are “mobile notaries” common platforms for providing state-specific notary options, and indicating in the state? If so, is there a whether (and how far) the notary is willing to travel. recommended service?

Notarization Reciprocity: Minnesota recognizes out of state notarizations pursuant to Minn. Would this state permit a Stat. 358.61 which states that “A notarial act performed in another document to be recorded if that state has the same effect under the law of this state as if performed document that was remotely by a notarial officer of this state, if the act performed in that state is notarized in a state that allows performed by… a notary public of that state.” remote notarization?

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Mississippi

Questions Responses as of 4/26/2020

Recording Offices: As of now the majority of recording offices are open and operating What is the current status of normally with most offices open for recording but closed to the recording offices in the state, are general public. Updated information can be found here. they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Remote notarization is now temporarily authorized under recent Has the state authorized remote emergency guidance if specific requirements are met. (video or audio based) notarization of documents being signed inside the state? If so, please list any relevant remote notary resources specific to the state.

E-Signatures and E-Recording: Mississippi does permit recording of electronic signatures, per Has the state authorized Mississippi Code § 75-12-13. This includes the in-person, or through recording of electronically signed drop-off, recording of physical documents that have electronic documents or do signatures signatures either provided by you or provided by an electronic have to be in ink? If the they signature service such as DocuSign. must be in ink, does that also Several Mississippi counties permit e-recording—the submission, apply to e-recording? Is there a review, and recording of documents through a completely online list of counties with e-recording process. A list of such counties can be found here. available for the state?

Mobile Notaries: Mobile notaries are available in Mississippi. There are multiple online Are “mobile notaries” common platforms for providing state-specific notary options, and indicating in the state? If so, is there a whether (and how far) the notary is willing to travel. recommended service?

Notarization Reciprocity: Miss. Code. Ann. § 89-3-9 states that a certificate of Would this state permit a acknowledgment taken in another state shall be sufficient in document to be recorded if that Mississippi if it’s taken in accordance with the law of the state where document that was remotely the acknowledgment is made. notarized in a state that allows remote notarization?

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Missouri

Questions Responses as of 4/26/2020

Recording Offices: Most of Missouri counties are largely open for recording with only What is the current status of a handful not accepting E-Recording but not to the public or for recording offices in the state, are researchers. A list of recorder offices’ status can be viewed here. they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Yes, as of April 6, 2020 (and to expire May 15, 2020 unless extended) Has the state authorized remote Executive Order 20-08 temporarily allows the notarial act utilizing audio- (video or audio based) notarization video technology provided certain conditions are met. The document of documents being signed inside must contain a notarial certificate, a jurat or acknowledgement, which the state? If so, please list any states the principal appeared remotely pursuant to Executive Order 20- relevant remote notary resources 08 and the person must affirmatively represent that he or she is physically specific to the state. situated in the State of Missouri. The video conference must be a live, interactive audio-visual communication between the principal, notary, and other necessary persons, which allows for observation, direct interaction, and communication at the time of signing. All other requirements for notarial act in person must be met as well. Additionally, there are two bills pending in the Senate which will have an effect on the current regulations. As of March 26, 2020, Senate Bill 578 (SCS SB 578) and Senate Bill 593 (SCS SB 593) would modify the State’s provisions relating to notaries public and the certification of documents, including certification by the recorder of deeds and notaries public. SCS SB 578 modifies provisions more specifically for remote online notarization (RON). The proposed bill would also permit remote online notarizations amongst many other changes to Missouri notarization and recording provisions. We are closely monitoring its progress and if passed, the SCS SB 578 would become effective this year on August 28, 2020.

E-Signatures and E-Recording: While the majority of the counties in Missouri are currently permitting Has the state authorized E-Recording, however Missouri has not adopted URPERA which would recording of electronically signed allow recording offices to accept deeds/other property document in documents or do signatures electronic form. A list of E-Recording counties can be viewed here. have to be in ink? If the they Also as of April 6, 2020, Executive Order 20-08, a document must be must be in ink, does that also electronically signed using software approved by the secretary of state apply to e-recording? Is there a as an acceptable medium to conduct the transaction (which may include list of counties with e-recording software requiring third party multifactor authentication) and the notary available for the state? shall affix their electronic notary seal to the electronic document. E-Signatures are permitted per Missouri §§ 432.200 to 432.295, RSMo. Also RSMo. § 432.220 specifically provides legal recognition of electronic records, electronic signatures, and electronic contracts and provides that any document required by law to be an original, on paper, or in writing, for the purpose of recording, would be acceptable in electronic form.

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Missouri (continued)

Questions Responses as of 4/26/2020

Mobile Notaries: Mobile notaries are used in Missouri. A list of notaries commissioned Are “mobile notaries” common in the State of Missouri may be found here. Of note, all mobile notaries in the state? If so, is there a and signing agents are considered to be an essential service during the recommended service? COVID-19 emergency.

Notarization Reciprocity: It is unlikely since RON has only temporarily permitted pursuant to the Would this state permit a emergency order in the State of Missouri. As indicated above we are document to be recorded if that closely monitoring bills pending in both the Missouri and United States document that was remotely Senates which may alter the state and federal provisions. notarized in a state that allows remote notarization?

Other: In the case of interstate commerce, a recent bill introduced in the Are there any other recording or US Senate on March 18, 2020, S.3533 — 116th Congress (2019-2020) notarization issues, processes, or proposes to “authorize and establish minimum standards for electronic upcoming items of importance? and remote notarizations that occur in or affect interstate commerce, to require any Federal court located in a State to recognize notarizations performed by a notary public commissioned by another State when the notarization occurs in or affects interstate commerce, and to require any State to recognize notarizations performed by a notary public commissioned by another State when the notarization occurs in or affects interstate commerce or when the notarization was performed under or relates to a public act, record, or judicial proceeding of the State in which the notary public was commissioned.” As of April 6, 2020, the full actual text of the bill is not available, however we will continue to monitor its progress.

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Montana

Questions Responses as of 4/26/2020

Recording Offices: Most of Montana’s recording offices are open to the public, although What is the current status of some have modified their hours. Almost all of Montana’s recording recording offices in the state, are offices are accepting e-Recorded documents. Up to date information they: (1) largely open to the public on the status of Montana’s recording offices is here. and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Montana has authorized remote online notarization. Montana Code Has the state authorized remote Ann. Sections 1-5-603, 1-5-615, 1-5-618. (video or audio based) notarization of documents being signed inside the state? If so, please list any relevant remote notary resources specific to the state

E-Signatures and E-Recording: Montana permits electronic signatures, per Montana’s Uniform Has the state authorized recording Electronic Transactions Act. Montana also permits electronic recording of electronically signed documents of real estate instruments. or do signatures have to be in ink? According to a survey conducted by the American Land Title If the they must be in ink, does that Association, all counties in Montana have e-Recording capabilities. also apply to e-recording? Is there a list of counties with e-recording available for the state?

Mobile Notaries: Mobile notaries are available in Montana. There are multiple online Are “mobile notaries” common platforms for providing state-specific notary options, and indicating in the state? If so, is there a whether (and how far) the notary is willing to travel. Some Montana recommended service? mobile notaries are willing to travel as far as 300 miles round-trip.

Notarization Reciprocity: Montana recognizes notarizations performed in another state by a Would this state permit a notary public of that state. Mont. Code Ann. § 1-5-605. document to be recorded if that document that was remotely notarized in a state that allows remote notarization?

Other: Montana notaries wishing to perform remote online notarizations must Are there any other recording or complete a remote online notarization course, pass an examination notarization issues, processes, or based on the course, and select one or more third party remote online upcoming items of importance? notarization service providers. Montana’s Secretary of State has published an approved list of third party service providers that a remote online notary must choose from.

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Nebraska

Questions Responses as of 4/26/2020

Recording Offices: As of now the majority of recording offices are open and operating What is the current status of normally with most offices open for recording but closed to the recording offices in the state, are general public. Updates can be found here. they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Remote online notarization is available in Nebraska through emergency Has the state authorized remote order. More information is available here. (video or audio based) notarization of documents being signed inside the state? If so, please list any relevant remote notary resources specific to the state

E-Signatures and E-Recording: E-signatures are authorized under Nebraska Statute 64-301, et seq. Has the state authorized recording E-recording is accepted in all 90 counties in Nebraska. of electronically signed documents or do signatures have to be in ink? If the they must be in ink, does that also apply to e-recording? Is there a list of counties with e-recording available for the state?

Mobile Notaries: Mobile notaries are available in Nebraska. There are multiple online Are “mobile notaries” common platforms for providing state-specific notary options, and indicating in the state? If so, is there a whether (and how far) the notary is willing to travel. recommended service?

Notarization Reciprocity: Nebraska recognizes notarizations when performed in another state Would this state permit a under Section 64-204. document to be recorded if that document that was remotely notarized in a state that allows remote notarization?

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Nevada

Questions Responses as of 4/26/2020

Recording Offices: As of now the majority of recording offices are open and operating What is the current status of normally with most offices open for recording but closed to the recording offices in the state, are general public. Updated information can be found here. they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Yes, Nevada’s Electronic Notarization Enabling Act, allows for remote Has the state authorized remote online notarization. (video or audio based) notarization of documents being signed inside the state? If so, please list any relevant remote notary resources specific to the state

E-Signatures and E-Recording: Nevada does permit recording of electronic signatures, per NRS Has the state authorized recording Chapter 719. This includes the in-person, or through drop-off, recording of electronically signed documents of physical documents that have electronic signatures either provided or do signatures have to be in ink? by you or provided by an electronic signature service such as If the they must be in ink, does that DocuSign. also apply to e-recording? Is there All Nevada counties permit e-recording—the submission, review, and a list of counties with e-recording recording of documents through a completely online process. A list of available for the state? such counties can be found here.

Mobile Notaries: Mobile notaries are available in Nevada. There are multiple online Are “mobile notaries” common platforms for providing state-specific notary options, and indicating in the state? If so, is there a whether (and how far) the notary is willing to travel. recommended service?

Notarization Reciprocity: NRS 240.164 states that a certificate of acknowledgment taken in Would this state permit a another state shall be sufficient in Nevada if it’s taken in accordance document to be recorded if that with the law of the state where the acknowledgment is made. document that was remotely notarized in a state that allows remote notarization?

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 New Hampshire

Questions Responses as of 4/26/2020

Recording Offices: Most of the counties are open on a modified basis limiting in-person What is the current status of appointments and researchers. Please see more information for each recording offices in the state, are county here. A list of county status can be viewed here. they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Yes. New Hampshire Governor issued an emergency order which Has the state authorized remote temporarily permits (but does not require) a signer and NH (video or audio based) notarization commissioned notary to use online audio-visual communication under of documents being signed inside the conditions set forth by NH Emergency Order #11 (2020) the state? If so, please list any The order in no way relaxes the requirements for identification relevant remote notary resources however it does permit audio and visual recording of the performance specific to the state. of the notarization (which should be kept by the notary pursuant to current retention requirements).

E-Signatures and E-Recording: Yes, as to E-Signatures. New Hampshire has adopted UETA and Has the state authorized permits electronic signatures, provided the parties agree (and do recording of electronically signed not otherwise have objections thereafter) to conduct a transaction documents or do signatures by electronic means including electronic recording and electronic have to be in ink? If the they signatures per New Hampshire UETA and See N.H. RSA §§ 294-E:1 must be in ink, does that also to 294-E:20 provisions. apply to e-recording? Is there a Although New Hampshire does E-Record, it has not yet adopted list of counties with e-recording URPERA which allows recording offices to record deeds/other available for the state? property document in their electronic form. A list of E-Recording counties can be viewed here.

Mobile Notaries: Although mobile notaries are used we do not currently have a Are “mobile notaries” common recommended service. Of note, all mobile notaries and signing in the state? If so, is there a agents are considered to be an essential service during the recommended service? COVID-19 emergency.

Notarization Reciprocity: A notarial act has the same effect under the law of New Hampshire Would this state permit a as if performed by a notarial officer of New Hampshire, if performed document to be recorded if that in accordance with Section 456-B:4. document that was remotely notarized in a state that allows remote notarization?

Other: NH Governor’s Emergency Order #11 (2020) requires the signer to Are there any other recording or mail the document to the notary in order that the notary executes notarization issues, processes, or the document and affixes the official stamp or seal. upcoming items of importance?

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 New Jersey

Questions Responses as of 4/26/2020

Recording Offices: As of now the majority of recording offices are open and operating What is the current status of normally with most offices open for recording but closed to the recording offices in the state, are general public. Updated information can be found here. they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: The Governor on March 14, 2020 signed A-3903 which allows for Has the state authorized remote temporary remote online notarization in New Jersey. (video or audio based) notarization of documents being signed inside the state? If so, please list any relevant remote notary resources specific to the state

E-Signatures and E-Recording: New Jersey does permit recording of electronic signatures, per Has the state authorized recording Uniform Electronic Transaction Act. This includes the in-person, or of electronically signed documents through drop-off, recording of physical documents that have electronic or do signatures have to be in ink? signatures either provided by you or provided by an electronic If the they must be in ink, does that signature service such as DocuSign. also apply to e-recording? Is there Almost all New Jersey counties permit e-recording—the submission, a list of counties with e-recording review, and recording of documents through a completely online available for the state? process. A list of such counties can be found here.

Mobile Notaries: Mobile notaries are available in New Jersey. There are multiple online Are “mobile notaries” common platforms for providing state-specific notary options, and indicating in the state? If so, is there a whether (and how far) the notary is willing to travel. recommended service?

Notarization Reciprocity: New Jersey Statute § 19-103 states that a certificate of Would this state permit a acknowledgment taken in another state shall be sufficient in New document to be recorded if that Jersey if it’s taken in accordance with the law of the state where the document that was remotely acknowledgment is made. notarized in a state that allows remote notarization?

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 New Mexico

Questions Responses as of 4/26/2020

Recording Offices: Almost all of New Mexico’s 33 counties are fully open, without What is the current status of modified hours. Up to date information on the status of New Mexico recording offices in the state, are recording offices is here. they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Yes, remote online notarization has been temporarily authorized Has the state authorized remote by Governor’s Executive Order in New Mexico in light of (video or audio based) notarization COVID-19 concerns. of documents being signed inside the state? If so, please list any relevant remote notary resources specific to the state

E-Signatures and E-Recording: New Mexico permits recording of electronic signatures, per New Has the state authorized recording Mexico’s Uniform Electronic Transactions Act. of electronically signed documents New Mexico has also authorized recording electronic documents with or do signatures have to be in ink? electronic signatures per New Mexico’s Uniform Real Property Electronic If the they must be in ink, does that Recording Act. also apply to e-recording? Is there a list of counties with e-recording A list of New Mexico counties eRecording is available here. available for the state?

Mobile Notaries: Mobile notaries are available in New Mexico. There are multiple online Are “mobile notaries” common platforms for providing state-specific notary options, and indicating in the state? If so, is there a whether (and how far) the notary is willing to travel. recommended service?

Notarization Reciprocity: New Mexico recognizes out of state notarizations when performed in Would this state permit a another jurisdiction by a notary public of that jurisdiction. N.M. Stat. document to be recorded if that Ann § 14-14-4. document that was remotely notarized in a state that allows remote notarization?

Other: The person seeking the notary’s services must transmit by fax or Are there any other recording or electronic means a legible copy of the signed document directly to notarization issues, processes, or any required witnesses and then to the notary on the same day it was upcoming items of importance? signed. Once the notary has received a legible copy of the document with all necessary signatures, the notary may notarize the document and transmit the notarized document back to the person seeking the notary’s services. An online notary’s commission expires at the same time as his/her traditional notary commission.

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 New York

Questions Responses as of 4/26/2020

Recording Offices: As of now the majority of recording offices are open and operating What is the current status of normally with most offices open for recording but closed to the recording offices in the state, are general public. Updated information can be found here. they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Remote notarization is now temporarily authorized under recent Has the state authorized remote emergency guidance if specific requirements are met. (video or audio based) notarization of documents being signed inside the state? If so, please list any relevant remote notary resources specific to the state

E-Signatures and E-Recording: New York does permit recording of electronic signatures, per 9 NYCRR Has the state authorized recording 540.7. This includes the in-person, or through drop-off, recording of of electronically signed documents physical documents that have electronic signatures either provided by or do signatures have to be in ink? you or provided by an electronic signature service such as DocuSign. If the they must be in ink, does that Almost all New York counties permit e-recording—the submission, also apply to e-recording? Is there review, and recording of documents through a completely online a list of counties with e-recording process. A list of such counties can be found here. available for the state?

Mobile Notaries: Mobile notaries are available in New York. There are multiple online Are “mobile notaries” common platforms for providing state-specific notary options, and indicating in the state? If so, is there a whether (and how far) the notary is willing to travel. recommended service?

Notarization Reciprocity: New York Real Prop. Law Section 299 states that a certificate of Would this state permit a acknowledgment taken in another state shall be sufficient in New document to be recorded if that York if it’s taken in accordance with the law of the state where the document that was remotely acknowledgment is made. notarized in a state that allows remote notarization?

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 North Carolina

Questions Responses as of 4/26/2020

Recording Offices: Recording offices in North Carolina generally remain open to the What is the current status of public, with modified hours. Up to date information on the status of recording offices in the state, are Louisiana’s recording offices is here. they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: North Carolina has not authorized remote online notarization. Has the state authorized remote (video or audio based) notarization of documents being signed inside the state? If so, please list any relevant remote notary resources specific to the state

E-Signatures and E-Recording: North Carolina permits electronic signatures, per North Carolina’s Has the state authorized recording Uniform Electronic Transactions Act. North Carolina also permits of electronically signed documents electronic filing and recording of written real estate instruments and or do signatures have to be in ink? real estate instruments with electronic signatures and electronic If the they must be in ink, does that notarizations (but not remote electronic notarizations). also apply to e-recording? Is there According to a survey conducted by the American Land Title a list of counties with e-recording Association, all counties in North Carolina have e-Recording available for the state? capabilities.

Mobile Notaries: Mobile notaries are available in North Carolina. There are multiple Are “mobile notaries” common online platforms for providing state-specific notary options, and in the state? If so, is there a indicating whether (and how far) the notary is willing to travel. Some recommended service? of these services even provide 24/7 scheduling. At least one of these services provides same day appointments, as well as a one-hour emergency mobile notary.

Notarization Reciprocity: North Carolina recognizes notarizations performed in another Would this state permit a jurisdiction when performed in compliance with the laws of that document to be recorded if that jurisdiction by a notary public (or other individual authorized to document that was remotely perform notarizations) of that jurisdictions. N.C. Gen. Stat. § 10B-20. notarized in a state that allows remote notarization?

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 North Dakota

Questions Responses as of 4/26/2020

Recording Offices: Offices remain open but many with restrictions and modified hours. What is the current status of Updates can be found here. recording offices in the state, are they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Yes, the requirements for RON are covered in N.D.C.C § 44-06.1-13.1. The Has the state authorized remote Secretary of State issued an emergency Guidance on Remote Online (video or audio based) notarization Notarization on March 25, 2020. Here is a list of notaries performing of documents being signed inside Remote Online Notarizations in the state? If so, please list any North Dakota relevant remote notary resources specific to the state.

E-Signatures and E-Recording: While E-Signatures and E-Recordings are widely permissible. Per North Has the state authorized Dakota Title 9 Chapter 9-16 Electronic Transactions E-signatures and recording of electronically signed electronic records/documents are specifically authorized. A record or documents or do signatures signature may not be denied legal effect or enforceability solely because have to be in ink? If the they the record or signature is in electronic form. must be in ink, does that also Although North Dakota has not adopted URPERA (which would apply to e-recording? Is there a allow recording offices to accept deeds/other property document in list of counties with e-recording electronic form), a recorder must accept an electronic record pursuant available for the state? to N.D.C.C. § 44-06.1-18(3) if the notarial officer executing the notarial certificate certifies the tangible copy is an accurate copy of the electronic record. A list of E-Recording counties can be viewed here.

Mobile Notaries: Mobile notaries are common in North Dakota and all mobile notaries Are “mobile notaries” common and signing agents are considered to be an essential service during the in the state? If so, is there a COVID-19. recommended service?

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 North Dakota (continued)

Questions Responses as of 4/26/2020

Notarization Reciprocity: A notarial act performed in another state has the same effect under Would this state permit a the law of this state as if performed by a notarial officer of this state, if document to be recorded if that performed in accordance with NDCC Section 44-06.1-10. document that was remotely notarized in a state that allows remote notarization?

Other: The Secretary of State Guidance on Remote Online Notarization on Are there any other recording or March 25, 2020 Requires that a Notary who intends to commit a notarization issues, processes, or remote notarial act provide the Secretary of State’s office a notice upcoming items of importance? that the Notary will be performing a notarial act for remotely located individuals and the name of the service provider he/she intends to use to conduct the notarial act. This notification may be provided by email to [email protected], by fax to (701) 328-0107, or by letter to North Dakota Secretary of State, 600 E Boulevard Avenue, Dept 108, Bismarck ND 58505-0500. Also, a Notary must retain a journal of notarial acts for remotely located individuals for ten years after the performance of the last notarial act chronicled in the journal. Additionally, until further notice, the North Dakota Securities Department will accept a signed unsworn declaration as an attachment to any document subject to notarization requirements, pursuant to Chapter 31- 15 of the North Dakota Century Code.

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Ohio

Questions Responses as of 4/26/2020

Recording Offices: Ohio has experienced many closures throughout the state. However, What is the current status of many county recorder’s offices are open only on a modified basis. recording offices in the state, are Please see more information for each county here. A list of reporting they: (1) largely open to the public counties and their status may be viewed here. and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Yes. Ohio R.C. 147.60, 147.62, 147.64 to 147.66 and Ohio Administrative Has the state authorized remote Code 111:6-1-05 sets forth the requirements for Remote Online (video or audio based) notarization Notarial Acts. of documents being signed inside The House and Senate-approved bills (Senate Bill 263 provisions) were the state? If so, please list any effective on September 20, 2019. These bills also make it necessary relevant remote notary resources for any online Notary to maintain one or more electronic journals specific to the state in which the online Notary records, in chronological order, all online notarizations that the online Notary performs.

E-Signatures and E-Recording: E-Signatures, electronic documents (including digital signatures) Has the state authorized recording and electronic seals are all recognized as equal to an original. See of electronically signed documents O.R.C. 1306.06. However, Ohio has not adopted URPERA which would or do signatures have to be in ink? allow recording offices to accept deeds/other property document in If the they must be in ink, does that electronic form. also apply to e-recording? Is there Electronic record or signature satisfies legal requirements and per a list of counties with e-recording O.R.C. 147.591 Electronic documents. available for the state? A list of E-Recording counties can be viewed here.

Mobile Notaries: Mobile notaries are common in Ohio and all mobile notaries and Are “mobile notaries” common signing agents are considered to be an essential service during the in the state? If so, is there a COVID-19 emergency. recommended service?

Notarization Reciprocity: Notarial acts may be performed outside this state for use in this state Would this state permit a with the same effect as if performed by a notary public of Ohio if done document to be recorded if that in accordance with Section 147.51. document that was remotely notarized in a state that allows remote notarization?

Other: To commit an online notarial act, a traditional notary public must file an Are there any other recording or online authorization application showing proof of a 2 hour education notarization issues, processes, or program, passing a test, and stating the name of the online notarization upcoming items of importance? system/vendor to be used. Click here for information related to renewals and applications.

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Oklahoma

Questions Responses as of 4/26/2020

Recording Offices: Offices are open with many operating under in-person restrictions and What is the current status of modified hours. A list of county status can be viewed here. recording offices in the state, are they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Yes. Oklahoma enacted the Remote Online Noary Act under Senate Has the state authorized remote Bill 915 which was effective as of January 1, 2020. Also, a remote (video or audio based) notarization notary may use an electronic signature and/or an electronic seal in of documents being signed inside order to authenticate the notarial act. Additionally, on November the state? If so, please list any 7, 2019, Oklahoma published rules for matters related to RON and relevant remote notary resources notary commissions. specific to the state

E-Signatures and E-Recording: Yes, Oklahoma has enacted its versions of UETA, Okla Stat tit 12A §15- Has the state authorized recording 105 which provides for electronic and digital signatures and URPERA of electronically signed documents OK House Bill 2587 which enables county recorders to or do signatures have to be in ink? accept electronic documents in the cases of land records. If the they must be in ink, does that Many counties in Oklahoma allow e-recording. A list of such counties also apply to e-recording? Is there can be found here. a list of counties with e-recording available for the state?

Mobile Notaries: Mobile notaries are common in Oklahoma and all mobile notaries and Are “mobile notaries” common signing agents are considered to be an essential service during the in the state? If so, is there a COVID-19 emergency. recommended service?

Notarization Reciprocity: Oklahoma does recognize the authenticity of out of state notarizations Would this state permit a under Section 49-120. document to be recorded if that document that was remotely notarized in a state that allows remote notarization?

Other: The Remote Online Noary Act under Senate Bill 915 and the Emergency Are there any other recording or Administrative Rules Title 655 Chapter 25 Notary Public require that the notarization issues, processes, or notary register with the Oklahoma Secretary of State as a remote notary upcoming items of importance? and must ensure that the technology used in the notarial act is secure from all unauthorized interception.

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Oregon

Questions Responses as of 4/26/2020

Recording Offices: As of now the majority of recording offices are open and operating What is the current status of normally with most offices open for recording but closed to the recording offices in the state, are general public. Updated information can be found here. they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Oregon does not permit remote online notarization Has the state authorized remote (video or audio based) notarization of documents being signed inside the state? If so, please list any relevant remote notary resources specific to the state

E-Signatures and E-Recording: Oregon does permit recording of electronic signatures, per ORS Has the state authorized recording 84.019. This includes the in-person, or through drop-off, recording of of electronically signed documents physical documents that have electronic signatures either provided by or do signatures have to be in ink? you or provided by an electronic signature service such as DocuSign. If the they must be in ink, does that All Oregon counties permit e-recording—the submission, review, and also apply to e-recording? Is there recording of documents through a completely online process. A list of a list of counties with e-recording such counties can be found here. available for the state?

Mobile Notaries: Mobile notaries are available in Oregon. There are multiple online Are “mobile notaries” common platforms for providing state-specific notary options, and indicating in the state? If so, is there a whether (and how far) the notary is willing to travel. recommended service?

Notarization Reciprocity: ORS 194.260 states that a certificate of acknowledgment taken in Would this state permit a another state shall be sufficient in Oregon if it’s taken in accordance document to be recorded if that with the law of the state where the acknowledgment is made. document that was remotely notarized in a state that allows remote notarization?

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Pennsylvania

Questions Responses as of 4/26/2020

Recording Offices: As of now the majority of recording offices are open and operating What is the current status of normally with most offices open for recording but closed to the recording offices in the state, are general public. Updated information can be found here. they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Remote notarization is now temporarily authorized under recent Has the state authorized remote emergency guidance if specific requirements are met. (video or audio based) notarization of documents being signed inside the state? If so, please list any relevant remote notary resources specific to the state

E-Signatures and E-Recording: Pennsylvania does permit recording of electronic signatures, per Has the state authorized recording Pennsylvania 2012 Act 100. This includes the in-person, or through of electronically signed documents drop-off, recording of physical documents that have electronic or do signatures have to be in ink? signatures either provided by you or provided by an electronic If the they must be in ink, does that signature service such as DocuSign. also apply to e-recording? Is there Almost all Pennsylvania counties permit e-recording—the submission, a list of counties with e-recording review, and recording of documents through a completely online available for the state? process. A list of such counties can be found here.

Mobile Notaries: Mobile notaries are available in Pennsylvania. There are multiple online Are “mobile notaries” common platforms for providing state-specific notary options, and indicating in the state? If so, is there a whether (and how far) the notary is willing to travel. recommended service?

Notarization Reciprocity: Pennsylvania’s Revised Uniform Law on Notarial Acts Section 311 states Would this state permit a that a certificate of acknowledgment taken in another state shall be document to be recorded if that sufficient in Pennsylvania if it’s taken in accordance with the law of the document that was remotely state where the acknowledgment is made. notarized in a state that allows remote notarization?

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Rhode Island

Questions Responses as of 4/26/2020

Recording Offices: Rhode Island’s recording offices are generally open for business with What is the current status of modified hours. Up to date information on the status of Rhode Island’s recording offices in the state, are recording offices is here. they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Rhode Island’s Secretary of State has temporarily authorized remote Has the state authorized remote online notarization effective April 3, 2020 until the end of the state of (video or audio based) notarization emergency. The Secretary of State has also published a handbook with of documents being signed inside Temporary Guidance on remote online notarization. the state? If so, please list any relevant remote notary resources specific to the state

E-Signatures and E-Recording: Rhode Island permits electronic signatures, per Rhode Island’s Uniform Has the state authorized recording Electronic Transactions Act. Rhode Island also permits electronic of electronically signed documents filing and recording of written real estate instruments and real estate or do signatures have to be in ink? instruments with electronic signatures and electronic notarizations If the they must be in ink, does that through Rhode Island’s Uniform Real Property Electronic Records Act also apply to e-recording? Is there a list of counties with e-recording Several counties in Rhode Island allow e-recording, a list of counties available for the state? that allow e-recording can be found here.

Mobile Notaries: Mobile notaries are available in Rhode Island. There are multiple online Are “mobile notaries” common platforms for providing state-specific notary options, and indicating in the state? If so, is there a whether (and how far) the notary is willing to travel. At least one of recommended service? these services provides 24/7 scheduling.

Notarization Reciprocity: Rhode Island recognizes out-of-state notarizations as long as they are Would this state permit a “acknowledged or proved in the manner prescribed by the law of the document to be recorded if that state.” R.I. Gen. Laws Ann. § 34-12-1. document that was remotely notarized in a state that allows remote notarization?

Other: Rhode Island notaries may become certified to perform remote online Are there any other recording or notarizations by contacting an approved solution provider listed on the notarization issues, processes, or Rhode Island Secretary of State’s website, and completing the training upcoming items of importance? course provided by the solution provider. The Rhode Island notary must also register with the Rhode Island Department of State and submit the remote online notarization application. Currently, there are only two approved, third-party solution providers: DocVerify, Inc. and Pavaso.

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 South Carolina

Questions Responses as of 4/26/2020

Recording Offices: Many offices are open but operating with restrictions and modified What is the current status of hours. An updated list of office statuses can be found here. recording offices in the state, are they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: No. South Carolina §26-1-110 states that when notarizing a paper Has the state authorized remote record, a notary shall sign by hand in ink on the notarial certificate and (video or audio based) notarization may not sign a paper record using the facsimile stamp or an electronic of documents being signed inside or other printing method; except that a notary with a disability may the state? If so, please list any use a signature stamp that depicts the notary’s signature in a clear and relevant remote notary resources legible manner, upon prior approval of the Secretary. specific to the state The notary requirements are located in Section 26-1-90(B)(1) and (2). However, RON is currently considered in the South Carolina Remote Online Notarization Act which is currently residing in the House Committee Judiciary and was last Amended on March 19, 2019 (See proposed House Bill No. 3917 and proposed Senate Bill No. 486)

E-Signatures and E-Recording: Yes, as to both. South Carolina permits electronic signatures and Has the state authorized recording electronic recording of said documents. South Carolina’s version of of electronically signed documents UETA is located here in S.C. Code Ann. §§ 26-6-10 to 26-6-210. or do signatures have to be in ink? South Carolina adopted URPERA in its SC House Bill 3451 sets forth If the they must be in ink, does that provisions including technological standards which permit the counties also apply to e-recording? Is there to accept electronic real property documents for recording. a list of counties with e-recording Many South Carolina counties allow e-recording. A list of such counties available for the state? can be found here.

Mobile Notaries: Yes, mobile notaries are used throughout South Carolina. We do not Are “mobile notaries” common currently have a recommended service. Of note, all mobile notaries in the state? If so, is there a and signing agents are considered to be an essential service during the recommended service? COVID-19 emergency.

Notarization Reciprocity: Notarizations from other states are recognized in South Carolina Would this state permit a under Section 26-1-120. document to be recorded if that document that was remotely notarized in a state that allows remote notarization?

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 South Dakota

Questions Responses as of 4/26/2020

Recording Offices: As of now the majority of recording offices are open and operating What is the current status of normally with most offices open for recording but closed to the recording offices in the state, are general public. Updates can be found here. they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: South Dakota allows a limited form of remote notarization through S.D. Has the state authorized remote C. 18.1. This allows remote notarization only for paper documents and (video or audio based) notarization in cases in which the notarial officer personally knows the principal. of documents being signed inside the state? If so, please list any relevant remote notary resources specific to the state

E-Signatures and E-Recording: South Dakota does permit recording of electronic signatures, per S.D Has the state authorized recording C. 51-12. This includes the in-person, or through drop-off, recording of of electronically signed documents physical documents that have electronic signatures either provided by or do signatures have to be in ink? you or provided by an electronic signature service such as DocuSign. If the they must be in ink, does that Most South Dakota counties permit e-recording—the submission, also apply to e-recording? Is there review, and recording of documents through a completely online a list of counties with e-recording process. A list of such counties can be found here. available for the state?

Mobile Notaries: Mobile notaries are available in South Dakota. There are multiple online Are “mobile notaries” common platforms for providing state-specific notary options, and indicating in the state? If so, is there a whether (and how far) the notary is willing to travel. recommended service?

Notarization Reciprocity: S.D C. 18-1-10 states that a certificate of acknowledgment taken Would this state permit a in another state shall be sufficient in South Dakota if it’s taken in document to be recorded if that accordance with the law of the state where the acknowledgment is document that was remotely made. notarized in a state that allows remote notarization?

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Tennessee

Questions Responses as of 4/26/2020

Recording Offices: Almost all Tennessee recording offices are open. Up to date What is the current status of information on the status of Tennessee recording offices is here. recording offices in the state, are they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Yes, remote online notarization has been authorized in Tennessee. Has the state authorized remote Tenn. Comp. R. & Regs. 1360-07-03 (West 2019). (video or audio based) notarization of documents being signed inside the state? If so, please list any relevant remote notary resources specific to the state.

E-Signatures and E-Recording: Tennessee permits recording of electronic signatures, per Tennessee’s Has the state authorized Uniform Real Property Electronic Recording Act. Tenn. Code Ann. § recording of electronically signed 66-24-203 (West 2019). This includes an electronic signature (such as documents or do signatures one attached to a document by a service like DocuSign), or a digitized have to be in ink? If the they image of a wet signature. must be in ink, does that also A list of Tennessee counties eRecording is available here, and indicates apply to e-recording? Is there a that about half of Tennessee counties allow eRecording. list of counties with e-recording available for the state?

Mobile Notaries: Mobile notaries are available in Tennessee. There are multiple online Are “mobile notaries” common platforms for providing state-specific notary options, and indicating in the state? If so, is there a whether (and how far) the notary is willing to travel. recommended service?

Notarization Reciprocity: Tennessee recognizes out of state Notarizations “[i]f the person Would this state permit a executing the instrument resides or is beyond or without the limits document to be recorded if that of the state, but within the union or its territories or districts, the document that was remotely acknowledgment may be made:… (2) Before any other officer of such notarized in a state that allows state, territory or district, authorized by the laws there to take the remote notarization? proof and acknowledgment of deed.” Tenn. Code Ann. § 66-22-103.

Other: A notary commissioned in Tennessee can apply for a commission as a Are there any other recording or remote online notary. Specific application requirements promulgated notarization issues, processes, or by the Secretary of State can be found here. Notably, you must have upcoming items of importance? a contract with a third party vendor remote online notary service BEFORE applying. An online notary’s commission expires at the same time as his/her traditional notary commission.

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Texas

Questions Responses as of 4/26/2020

Recording Offices: As of now the majority of recording offices are open and operating What is the current status of normally with most offices open for recording but closed to the recording offices in the state, are general public. Updates can be found here. they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Online notarization is available in Texas since last year. HB has two Has the state authorized remote authorized online notaries, Nicole Costa (Nicole.costa@huschblackwell. (video or audio based) notarization com) in the HOU office, and Jen Rogers in the AUS office (jen.rogers@ of documents being signed inside huschblackwell.com). the state? If so, please list any relevant remote notary resources If Nicole or Jen are not available, we have a vendor with an online specific to the state notary available as a backup, Miranda Ruiz with The Legal Connection at [email protected].

E-Signatures and E-Recording: E-Recording is available in select counties through Simplifile. At this Has the state authorized recording time, the only e-signatures allowed are those generated through online of electronically signed documents notarization. Some counties are not currently accepting documents or do signatures have to be in ink? that are notarized remotely (Knox) and as we learn more, this will If the they must be in ink, does that be updated. also apply to e-recording? Is there a list of counties with e-recording available for the state?

Mobile Notaries: Mobile notaries are available in Texas. There are multiple online Are “mobile notaries” common platforms for providing state-specific notary options, and indicating in the state? If so, is there a whether (and how far) the notary is willing to travel. recommended service?

Notarization Reciprocity: Tex. Civ. Prac. & Rem. Code Ann. § 121 et seq. provides the Would this state permit a requirements for a valid acknowledgment taken outside of Texas. document to be recorded if that document that was remotely notarized in a state that allows remote notarization?

Other: Some counties are not currently accepting documents that are Are there any other recording or notarized remotely (Knox) and as we learn more, this will be updated. notarization issues, processes, or upcoming items of importance?

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Utah

Questions Responses as of 4/26/2020

Recording Offices: The majority of recorder’s offices in Utah are open to the public What is the current status of including walk-ins and researchers. Additionally, most are also recording offices in the state, are accepting E-Recordings and mail-ins. A list of recorder offices’ status they: (1) largely open to the public can be viewed here. and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Yes. Utah has authorized RON (Chapter 192, 2019 General Section Section Has the state authorized remote 46-1-3.6). In order to conduct a remote notary service, one must submit (video or audio based) notarization already be a commissioned Notary Public in the State of Utah and of documents being signed inside either hired or contracted by one of the 5 permitted vendors (DocVerify, the state? If so, please list any NotaryCam, Notarize, Pavaso or SIGNiX), must be physically present relevant remote notary resources in the State and must submit a Remote Notary Application to the Lt. specific to the state Governor’s office. A Remote Notary must use a reliable remote notarization operating model to consist of continuous, synchronous audio and video feeds with good clarity such that all participants can always be clearly seen and understood,

E-Signatures and E-Recording: E-Signatures and E-Recording is permitted in Utah. Pursuant to Utah Has the state authorized recording Code Title 46-4-201. E-Signatures, electronic records and electronic of electronically signed documents contracts may not be denied legal effect or enforceability because it or do signatures have to be in ink? is in electronic form. Additionally, Utah URPERA permits the use of If the they must be in ink, does that E-signatures and electronic documents to satisfy any condition to also apply to e-recording? Is there recording for an original to be on paper or be in writing. a list of counties with e-recording available for the state?

Mobile Notaries: Mobile notaries are used in Utah. Of note, all mobile notaries and Are “mobile notaries” common signing agents are considered to be an essential service during the in the state? If so, is there a COVID-19 emergency. recommended service?

Notarization Reciprocity: Although there are no specific provisions permit a document to be Would this state permit a recorded if it was notarized in a RON state, it is unlikely since Utah does document to be recorded if that not permit a Utah notary to commit a notarial act outside of the state of document that was remotely Utah, nor can a non-resident of Utah be a notary, so if a notary moves notarized in a state that allows he/she must resign his/her commission. https://notary.utah.gov/faqs/ remote notarization?

Other: A certified remote notary under Section 46-1-3.5 may perform notarial Are there any other recording or acts if the remote notary is physically located in Utah and requires notarization issues, processes, or the remote notary to create an audio and video recording of the upcoming items of importance? performance of each remote notarization and store the recording in accordance with Sections 46-1-14 and 46-1-15

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Vermont

Questions Responses as of 4/26/2020

Recording Offices: As of now the majority of recording offices are open and operating What is the current status of normally with most offices open for recording but closed to the recording offices in the state, are general public. Updated information can be found here. they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Remote notarization is authorized under recent emergency guidance Has the state authorized remote but with restrictions. (video or audio based) notarization of documents being signed inside the state? If so, please list any relevant remote notary resources specific to the state

E-Signatures and E-Recording: Vermont does permit recording of electronic signatures, per 9 V.S.A. Has the state authorized recording § 274. This includes the in-person, or through drop-off, recording of of electronically signed documents physical documents that have electronic signatures either provided by or do signatures have to be in ink? you or provided by an electronic signature service such as DocuSign. If the they must be in ink, does that Vermont does not permit e-recording—the submission, review, and also apply to e-recording? Is there recording of documents through a completely online process. a list of counties with e-recording available for the state?

Mobile Notaries: Mobile notaries are available in Vermont. There are multiple online Are “mobile notaries” common platforms for providing state-specific notary options, and indicating in the state? If so, is there a whether (and how far) the notary is willing to travel. recommended service?

Notarization Reciprocity: Vermont Statute Title 26, Chapter 103, § 5374 states that a certificate Would this state permit a of acknowledgment taken in another state shall be sufficient in document to be recorded if that Vermont if it’s taken in accordance with the law of the state where the document that was remotely acknowledgment is made. notarized in a state that allows remote notarization?

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Virginia

Questions Responses as of 4/26/2020

Recording Offices: As of now the majority of recording offices are open and operating What is the current status of normally with most offices open for recording but closed to the recording offices in the state, are general public. Updates can be found here. they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Virginia authorized remote notarization through Va. C. Ann. Section Has the state authorized remote 47.1. (video or audio based) notarization of documents being signed inside the state? If so, please list any relevant remote notary resources specific to the state

E-Signatures and E-Recording: Virginia does permit recording of electronic signatures, per Va. C. Has the state authorized recording Ann. Section 59.1. This includes the in-person, or through drop-off, of electronically signed documents recording of physical documents that have electronic signatures either or do signatures have to be in ink? provided by you or provided by an electronic signature service such as If the they must be in ink, does that DocuSign. also apply to e-recording? Is there Most Virginia counties permit e-recording—the submission, review, and a list of counties with e-recording recording of documents through a completely online process. A list of available for the state? such counties can be found here.

Mobile Notaries: Mobile notaries are available in Virginia. There are multiple online Are “mobile notaries” common platforms for providing state-specific notary options, and indicating in the state? If so, is there a whether (and how far) the notary is willing to travel. recommended service?

Notarization Reciprocity: Va. C. Ann. Section 47.1-13.1 states that a certificate of acknowledgment Would this state permit a taken in another state shall be sufficient in Virginia if it’s taken in document to be recorded if that accordance with the law of the state where the acknowledgment document that was remotely is made. notarized in a state that allows remote notarization?

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Washington

Questions Responses as of 4/26/2020

Recording Offices: As of now the majority of recording offices are open and operating What is the current status of normally with most offices open for recording but closed to the recording offices in the state, are general public. Updated information can be found here. they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Remote notarization for remotely located individuals is authorized Has the state authorized remote through April 26th under recent emergency guidance but with (video or audio based) notarization restrictions. of documents being signed inside the state? If so, please list any relevant remote notary resources specific to the state

E-Signatures and E-Recording: Washington does permit recording of electronic signatures, per Has the state authorized recording WAC 434-661-030. This includes the in-person, or through drop-off, of electronically signed documents recording of physical documents that have electronic signatures either or do signatures have to be in ink? provided by you or provided by an electronic signature service such as If the they must be in ink, does that DocuSign. also apply to e-recording? Is there Most Washington counties permit e-recording—the submission, review, a list of counties with e-recording and recording of documents through a completely online process. available for the state? Such counties can be found here.

Mobile Notaries: Mobile notaries are available in Washington. There are multiple online Are “mobile notaries” common platforms for providing state-specific notary options, and indicating in the state? If so, is there a whether (and how far) the notary is willing to travel. recommended service?

Notarization Reciprocity: Washington Regulation RCW 42.45.090 states that a certificate Would this state permit a of acknowledgment taken in another state shall be sufficient in document to be recorded if that Washington if it’s taken in accordance with the law of the state where document that was remotely the acknowledgment is made. notarized in a state that allows remote notarization?

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 West Virginia

Questions Responses as of 4/26/2020

Recording Offices: Some of West Virginia’s recording offices have completely closed or What is the current status of modified hours. Up to date information on the status of West Virginia’s recording offices in the state, are recording offices is here. they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: West Virginia has temporarily authorized remote online notarization Has the state authorized remote in light of the COVID-19 pandemic. The Emergency Rule authorizing (video or audio based) notarization remote online notarization is effective only during the State of of documents being signed inside Emergency. the state? If so, please list any relevant remote notary resources specific to the state

E-Signatures and E-Recording: West Virginia permits electronic signatures, per West Virginia’s Uniform Has the state authorized recording Electronic Transactions Act. West Virginia also recently adopted the of electronically signed documents Uniform Real Property Electronic Recording Act, which will allow or do signatures have to be in ink? for electronic filing and recording of written real estate instruments If the they must be in ink, does that and real estate instruments with electronic signatures and electronic also apply to e-recording? Is there notarizations, effective on May 28, 2020. a list of counties with e-recording Some recording jurisdictions already allow e-Recording in West available for the state? Virginia. A list of these jurisdictions compiled by the American Land Title Association (ALTA) can be found here.

Mobile Notaries: Mobile notaries are available in West Virginia. There are multiple online Are “mobile notaries” common platforms for providing state-specific notary options, and indicating in the state? If so, is there a whether (and how far) the notary is willing to travel. recommended service?

Notarization Reciprocity: West Virginia recognizes out of state Notarizations pursuant to W. Va. Would this state permit a Code § 39-4-11, which states, in the relevant part, that “(a) A notarial document to be recorded if that act performed in another state has the same effect under the law of document that was remotely this state as if performed by a notarial officer of this state, if the act notarized in a state that allows performed in that state is performed by: (1) A notary public of remote notarization? that state.”

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Wisconsin

Questions Responses as of 4/26/2020

Recording Offices: As of now the majority of recording offices are open and operating What is the current status of normally with a few offices open for recording but closed to the recording offices in the state, are general public. Updates can be found here. they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: Yes, remote notarization is permitted in Wisconsin. To adapt to Has the state authorized remote Covid19, the Wisconsin Department of Financial Institutions issued (video or audio based) notarization Emergency Guidance that allows for remote notarization. However, of documents being signed inside currently, remote notarization does not apply to estate planning the state? If so, please list any documents. relevant remote notary resources More resources are available through this notice – including suggested specific to the state. remote notary services for both individuals and companies performing real estate transactions.

E-Signatures and E-Recording: Wisconsin does permit recording of electronic signatures, per the Has the state authorized Wisconsin’s Uniform Electronic Transactions Act. This includes the recording of electronically signed in-person, or through drop-off, recording of physical documents that documents or do signatures have electronic signatures either provided by you or provided by an have to be in ink? If the they electronic signature service such as DocuSign. must be in ink, does that also Many Wisconsin counties also permit e-recording—the submission, apply to e-recording? Is there a review, and recording of documents through a completely online list of counties with e-recording process. A list of counties which make full e-recording available can available for the state? be found here.

Mobile Notaries: Mobile notaries are available in WI. There are multiple online platforms Are “mobile notaries” common for providing state-specific notary options, and indicating whether in the state? If so, is there a (and how far) the notary is willing to travel. recommended service?

Notarization Reciprocity: Yes, Wisconsin (1) treats valid notarial acts performed in other states Would this state permit a as if it were performed in Wisconsin, according to Chapter 140.11, document to be recorded if that and (2) allows for a combination of wet signatures and electronic document that was remotely notarization. notarized in a state that allows remote notarization?

Other: Please note that to comply with the new remote notary Emergency Are there any other recording or Guidance, notaries must have completed the appropriate training notarization issues, processes, or from a Department of Financial Institutions approved provider such as

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020 Wyoming

Questions Responses as of 4/26/2020

Recording Offices: Offices are open but with restrictions and modified hours. An What is the current status of updated list of such can be found here. recording offices in the state, are they: (1) largely open to the public and operating normally, (2) largely open for recording but not to the public or for searchers, (3) largely closed, or (4) a mixture?

Remote Notarization: The Wyoming Secretary of State’s office has issued temporary RON Has the state authorized remote guidelines allowing Notaries to perform remote online notarizations (video or audio based) notarization until July 1, 2020 or the Governor lifts the current state of emergency, of documents being signed inside whichever comes first. the state? If so, please list any relevant remote notary resources specific to the state.

E-Signatures and E-Recording: E-Recording is available in almost all Wyoming Counties. Has the state authorized E-Signatures are accepted under the Uniform Electronic recording of electronically signed Transaction Act. documents or do signatures have to be in ink? If the they must be in ink, does that also apply to e-recording? Is there a list of counties with e-recording available for the state?

Mobile Notaries: Mobile notaries are available. There are multiple online platforms for Are “mobile notaries” common providing state-specific notary options, and indicating whether (and in the state? If so, is there a how far) the notary is willing to travel. recommended service?

Notarization Reciprocity: Yes, Wyoming recognizes out of state notarial acts per Wyoming Would this state permit a Statutes Section 34-1-115, including the administering of oaths document to be recorded if that and affirmations, taking proof of execution and acknowledgments document that was remotely of instruments, and attesting documents. Notarial acts may be notarized in a state that allows performed outside this state for use in this state with the same remote notarization? effect as if performed by a notary public of this state by a notary public authorized to perform notarial acts in the place in which the act is performed.

State-by-State Recording and Notarization Guidance | Responding to COVID-19

Updated on 04/26/2020