eClosing

eNotarization: In-Person Signing, Digital Convenience

eNotarization is the wave of the future, but that doesn’t mean it’s available in every state. This efficient, paperless process – part of what’s termed a full eClosing – entails all parties appearing in person to digitally sign and electronically notarize documents.

eNotarization helps you save time and money. It also helps make closings more enjoyable in the states where it’s allowed. The following states currently allow eNotarization as part of the Full eClosing experience:

STATEIs eNotarization (Not Remote) Permitted?
AlabamaYes, under UETA, only in counties that eRecord.
AlaskaYes, only in counties that eRecord, subject to regulations.
ArizonaYes, only in counties that eRecord, subject to regulations.
ArkansasYes, only in counties that eRecord, subject to regulations.
CaliforniaYes, under UETA and Code 27391 (e), only in counties that eRecord subject to regulations.
ColoradoYes, only in counties that eRecord, subject to regulations.
ConnecticutYes, only in counties that eRecord, subject to regulations.
DelawareYes, only in counties that eRecord, subject to regulations.
District of Columbia Yes, under UETA in counties, only that eRecord.
FloridaYes, only in counties that eRecord, subject to regulations.
GeorgiaYes, under UETA, only in counties that eRecord, eNotary bill pending.
HawaiiNo.
IdahoYes, under UETA, only in counties that eRecord.
IlinoisYes, under state Electronic Transaction Act, only in counties that eRecord.
IndianaYes, only in counties that eRecord, subject to regulations.
IowaYes, only in counties that eRecord, subject to regulations.
KansasYes, only in counties that eRecord, subject to regulations.
KentuckyNo.
LouisianaNo. eNotary study pending.
MaineYes, under UETA, only in counties that eRecord.
MarylandYes, under UETA, only in counties that eRecord. Bill pending.
MassachusettsYes, under UETA, only in counties that eRecord.
MichiganYes, under UETA, only in counties that eRecord.
MinnesotaYes, only in counties that eRecord, subject to regulations.
MississippiYes, under UETA, only in counties that eRecord.
MissouriYes, under UETA, only in counties that eRecord.
MontanaYes, only in counties that eRecord, subject to regulations.
NebraskaNo. Statute effective 7/17, but secretary of state has not adopted rules and procedures.
NevadaNo. Statute, but secretary of state has not adopted rules and procedures.
New HampshireYes, under UETA, only in counties that eRecord.
New JerseyYes, under UETA, only in counties that eRecord. Bill pending.
New MexicoYes, only in counties that eRecord, subject to regulations.
New YorkYes, under state Electronic Transaction Act, only in counties that eRecord.
North CarolinaYes, only in counties that eRecord, subject to regulations.
North DakotaNo. RULONA but no regulations. Signer and notary must "wet sign" because of proof-of-handwriting and original-signature requirement.
OhioYes, under UETA, only in counties that eRecord.
OklahomaYes, under UETA, only in counties that eRecord.
OregonYes, only in counties that eRecord, subject to regulations.
PennsylvaniaYes, under UETA, only in counties that eRecord. Pilot program.
Rhode IslandYes, under UETA, only in counties that eRecord.
South CarolinaNo. Ink-signature requirement.
South DakotaNo. Statute, but secretary of state has not adopted rules and procedures.
TennesseeYes, under UETA, only in counties that eRecord.
TexasYes, only in counties that eRecord, subject to regulations.
UtahYes, under UETA, only in counties that eRecord.
VermontYes, under UETA, only in counties that eRecord.
VirginiaYes, only in counties that eRecord, subject to regulations.
WashingtonYes, only in counties that eRecord, subject to regulations.
West VirginiaYes, only in counties that eRecord, subject to regulations.
WisconsinYes, only in counties that eRecord, subject to regulations.
WyomingYes, under UETA, only in counties that eRecord.

DEFINITIONS

Notary: Unless otherwise indicated, "notary" means a notary licensed by the specific state noted; not a notary licensed in another state.

Out-of-State Notary: Means a notary licensed in another state. Such out-of-state notary may or may not be physically located in the state where he/ she is licensed when he/she notarizes the signature.

In presence of: Means the signer and the notary are in the same physical room at the time they perform the action.

Under UETA: State-level secretary-of-state regulations are silent regarding this activity, but state electronic-transactions law allows for electronic notary and acknowledgment.

Yes: Electronic notarization is permitted by state law or regulation.

No: Electronic notarization is prohibited by law or regulation.

In addition to this chart, a related bulletin sets forth specific requirements for issuance of title insurance. Read the bulletin at http://www.vuwriter.com/en/ bulletins/2017-2/sls2017002.html?search=electronic&searchType=allwords.

This chart applies to situations where:

  • The signer is located in this state and eSigns in presence of a notary licensed in this state.
  • The signer is located in another state (within U.S.) and eSigns in the presence of an out-of-state notary.
  • State law allows electronic filing and recording of real estate document ("eRecording"). 

For additional information and underwriting requirements, please contact your local Stewart Title Guaranty Company underwriter. Visit stewart.com/underwriting to find your local underwriter.

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