Central ND News

U.S. Senators Kevin Cramer and Mark Warner have announced the reintroduction of their bipartisan legislation known as the Securing and Enabling Commerce Using Remote and Electronic (SECURE) Notarization Act. This bill seeks to authorize the use of Remote Online Notarizations (RON) across the United States, facilitating the completion of notarizations without the need for physical proximity between the notary and the signer. The legislation also aims to ensure consistency in the recognition of RON across state lines.

Senator Cramer noted the strides made in online notarizations, particularly during the pandemic, while pointing out the current inconsistent access due to a variety of state regulations: “We’ve made a lot of progress toward much more widespread use of online notarizations in the past few years, particularly through the pandemic,” Cramer stated. “But this patchwork of state regulations really leaves consumers without consistent access to some notary services. Quite honestly, I think it violates, certainly, the spirit of interstate commerce.”

Senator Warner highlighted the importance of modernizing the notarization process, stating, “It’s time to finally bring the notarization process into the 21st century.” He emphasized the safety and convenience of remote notarizations for essential services like executing wills or buying real estate.

While some states, like North Dakota, already permit remote notarizations, the SECURE Notarization Act seeks to provide a federal framework that complements existing state laws. The act mandates the use of tamper-evident technology and multifactor authentication to prevent fraud.

Prominent industry organizations, including the American Land Title Association and the Mortgage Bankers Association, have endorsed the bill. They emphasized the potential of the legislation to streamline real estate and mortgage transactions and provide a more convenient process for consumers. The National Association of REALTORS recognized the bill as a necessary modernization of real estate transactions.

Industry supporters also highlighted how remote online notarization proved effective during the COVID pandemic, particularly for life insurers. They argued the nationwide adoption of RON technology is essential for bringing the notarization process in line with modern technological advancements.

The proposed legislation, if passed, would set federal minimum standards, ensuring every state notary can perform RON transactions, thereby simplifying various financial and real estate processes for consumers across the nation.

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