New York State Land Title Association Applauds Gov. Hochul, State Legislature on Passage and Signing of Remote Online Notarization Law

The New York State Land Title Association (NYSLTA) has applauded Governor Kathy Hochul, Senator James Skoufis, Assemblymember Nily Rozic, and the New York State Legislature on the passage and signing of the Remote Online Notarization law (S1780C/A399B).

NYSLTA also acknowledged Assemblymember Kenneth Zebrowski, chairman of the Committee on Governmental Operations, for his work to bring together the interested parties to advance this measure.

Any New York notary public will be able to perform remote notarizations for paper and electronic documents immediately with the passage and signing of this legislation and amendments agreed upon by the Legislature and Governor.

"The New York State Land Title Association fought hard for this legislation and commends Governor Hochul, Senator Skoufis, Assemblymember Rozic, Assemblymember Zebrowski and the New York State Legislature on the collaborative process that led to the passage and enacting of this important new law," said Bob Treuber, Executive Vice-President, New York State Land Title Association. "This legislation will help to streamline the notarization process as our industry continues to adapt."

"New York's passage of the Remote Online Notarization law will help to simplify real estate transactions across the state," said Chris Hultzman, Vice President, Corporate Underwriting, First American Title Insurance Company. "This new law will provide greater convenience to home buyers and sellers, and will also benefit the title industry, the mortgage industry and the real estate industry in general as real estate transactions become more digital."

S1780C/A399B was adapted from remote notarization laws in other states and was under discussion by the Legislature well before the COVID-19 pandemic. However, a New York State Executive Order signed in March of 2020 that allowed notaries in New York to sign documents using audio-video technology instead of signing and notarizing documents in person for health and safety purposes due to the pandemic demonstrated the value of a permanent remote notarization process.

As a result, at the request of the New York State Department of State, remote online notarization was also included in the 2021-2022 Executive Budget. Although not enacted as part of the budget, it set the stage to enact this new law.

At a time where there is great concern about data and document security nationwide, New York's new Remote Online Notarization law will feature added levels of security, including verification of parties, allowing for safe and secure transactions for consumers wherever they are.

As soon as the Legislature passes and the Governor subsequently signs chapter amendments to the Remote Online Notarization bill, a temporary remote online notarization process for paper and electronic documents similar to the rules applicable under the COVID-19 Executive Order will be put in place.

This temporary remote online process will be officially replaced by the new, permanent and robust Remote Online Notarization law on January 31, 2023.

Remote online notarization is the act of performing a notarization remotely using two-way audio-video technology. The remote online notarization process is done via the internet but is otherwise the equivalent of an in-person, paper notarization.