Remote Online Notarization
During the 85th Texas Legislative Session, statutory changes were made to allow Remote Online Notarization (RON) in Texas. Rules adopted by the Secretary of State to implement the statute uncovered certain ambiguities and potential conflicts, calling into question the best mechanism to “paper out” a RON transaction and file it in a county that does not allow for e-filing.
SB 2128, passed in 2019, creates a mechanism in the statute that provides a safe, clear and consistent approach to paper filing Remote Online Notary-related and electronically signed documents to provide consumers all across Texas access to this new technology.
There are no lists of lenders that handle RON transactions. The best place to find lenders that are in the digital space, is to look at who is registered with MERS
. This does not mean they use RON for sure, but it means they do offer eNotes.
Do not use video platforms such as Skype, Zoom or FaceTime for remote online notarization. The Texas Statute provides specific requirements for a proper RON transaction. Additionally, the national GSEs such as Fannie Mae and Freddie Mac have their own requirements and approved vendors and platforms. See ALTA's article, GSEs Issue New Guidance on RON, Powers of Attorney
. As always, check with your underwriter when considering a nontraditional approach to closing in response to the current challenges.
TLTA coverage and more information about this issue.
Additional information and resources about this issue, including rules, forms, websites or other documents.
- Return of the RON (Recorded April 16, 2020) - This intermediate course is an in-depth discussion of Remote Online Notary situations and E-Closing scenarios. This course takes a deep dive into the requirements of the Remote Online Notary session, practice, and pitfalls of this new technology.
- Who's Afraid of the Big Bad Ron? (Recorded March 12, 2020) - This intermediate webinar focuses on the use of Remote Online Notary (RON) and other E-Closing scenarios.