Notarizing Via Webcam... Have you heard about it?

When a webcam is used to witness a signature, the document is uploaded into a secure online system the notary provides and ensures it is in compliance with their state law. Both the signer and the notary log in and view the document simultaneously on their respective computer monitors.

The signer electronically signs the document by clicking a "Sign Here" button or similar button, and the signer verbally acknowledges his intent to sign the document to the notary.

Next, the notary countersigns the document by clicking a similar "Notarize Here" button. When the notary clicks the button, the notary's commission information, including the notary's full name, date of commission expiration and commission number, is affixed to the document along with the notary's electronic signature.

The electronic signature of the notary and the signer would appear as a "script font," much like this example:

Jane Doe

The law requires both the signer's signature and the notary's signature and commission information be affixed to the electronic document using tamper–evident technology. Any attempt to modify the document after notarization would be detectable to anyone viewing the document. This tamper–evident technology would prevent fraudulent alteration of the document.

The notary must maintain a copy of the recording of the video and audio conference and a notation of the type of any other identification used for five years.

To ensure remote electronic signing is more reliable and resistant to fraud and manipulation than traditional notarization, the remote notary must confirm the identity of the signer by using one of three methods:

• Personal knowledge;
• Reliance on prior in–person identity proofing by a trusted third party which is confirmed electronically with independent database checks; or,
• Reliance on the signer's use of a digital certificate authenticated either by a biometric or a high–security Personal Identity Verification (PIV) card (used by government employees and contractors).

In October 2015, Montana began permitting its notaries to perform webcam notarizations under specifically defined circumstances. Florida also authorized webcam notarizations, but is limiting the practice to certain law enforcement and correctional officers who are authorized to administer oaths and affirmations.

Although this process may be legal in Florida, Montana and Virginia, it does not mean the Company must insure transactions — which include documents — notarized in this manner. Transactions where the documents have been notarized in this manner or where the principals have asked if they can use a notary via webcam should be referred to Underwriting or National Escrow Administration at settlement@fnf.com for assistance.

This is an Article from an FNF magazine (Lisa Tyler, Editor), and I feel that it is extremely relevant and where or tech is pushing us towards...

YOUR THOUGHTS?

Ryan J Orr

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Divorce the house.. Are you working on a transaction where The "D" is involved?

1. MEET WITH EACH PARTY

It's important that you meet in person with each of the owners of the home to assess the
environment in which you'll be working. There can be great collaboration or high levels of
conflict in which you play the go-between. A real estate agent can contribute to minimizing
the stress involved with the sale by setting each of the parties at ease. It could also be revealed
that this is a transaction in which you prefer not to be involved.

2. REVIEW THE FINAL DIVORCE DECREE

You don't need to—nor would you want to—read the entire document, just the part pertaining
to disposition of the home. Frequently, with everything that has gone on and the high levels of
emotions and anxiety, parties are confused and can give you the wrong information. It's also
helpful to understand the dynamics before you move forward. I did have a situation in which
the court gave the husband complete power to make decisions regarding the home, and all of
the proceeds. The wife was still on title and didn't want the home sold. You can see where this
was headed, and yes, she dragged her feet on everything. It was helpful to anticipate this
possibility before it became a reality. It would have been easier for her to Quit Claim her portion
over to her husband, but her attorney wouldn't agree. 

3. MAKE INTRODUCTIONS TO ANY OTHER TEAM MEMBERS

Usually there is a team of advisers in place: attorneys, mediators, financial planners, etc.
You're all working together for the benefit of the client, so it's helpful to have open
communication. You will probably have to take the lead on this one, and it shows your
professionalism. A phone call is usually appreciated by everyone.

4. PROVIDE A LIST OF PROFESSIONAL REFERRALS

Real estate agents can be the first call when a divorce is on the horizon. Usually the
largest asset they own, families want to know the value of the home and their options as
they move forward. It furthers your level of service to have a group of trusted advisers
to offer, and establishes a referral network for your business.

5. CLARIFY THE LINES OF COMMUNICATION

Technology offers an assortment of options and many people are particular about their
preference for communication. If you frequently use email and one of the parties never
checks email, that will present a problem. Be sensitive to a possible generational preference,
and also that sometimes a phone call is needed. A person's voice can convey what a text or
email cannot.

6. SEPARATE BUT EQUAL COMMUNICATION

Yes, sometimes it feels we do twice the work when helping divorcing couples. To avoid
hard feelings and one party feeling you are playing favorites, you must be sure to copy
each person on all communication. Occasionally, one party wants everything copied to
their attorney. Be sure the attorneys are supposed to be in the loop and this has been
clarified. The attorneys I've worked with charge for each email they read, so be sure this
has been cleared with the client.

7. CREATE A REALISTIC TIME LINE FOR COMMUNICATION AND PUT THIS IN YOUR LISTING AGREEMENT

When working with a hesitant seller, one that resides out of town or travels a lot, your
level of frustration can quickly escalate. Gain consensus that 24 hours (or whatever is agreed)
to respond is reasonable and necessary to keep the process moving. When the market
catches fire again, which is starting, buyers won't wait long for an answer. This is a great
way to set the tone for expectations, and you can refer back to it.

8. CONFIRM FINANCIAL RESPONSIBILITIES

Who is going to pay for the repairs to get the house ready for sale? How are the
proceeds divided? I just had a transaction where the sellers were upside down and the
husband's company was going to give him the funds necessary to close. These
particulars are also a good idea to mention in the Listing Agreement. That way there
are no surprises or last-minute negotiations on these costs.

9. YOU'RE A REAL ESTATE AGENT, NOT A THERAPIST

When emotions are running high and people want to vent, don't be the target. When
just starting out, I used to spend hours listening and now I am adept at steering the
conversation back to real estate. Remind them this is not your area of expertise and
refer them to a mental health professional if needed. As always, be sure to offer
multiple contacts

10. DOCUMENT, DOCUMENT, DOCUMENT

It's always important to document for your files, but for these transactions it is
especially important. Sometimes emotions run high and people aren't listening as
closely as we wish they would. It's vital you keep a paper trail of all communications,
and it will really come in handy should you be called as an
expert witness or as part of a mediation.

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