WASHINGTON – Despite significant advancements in digital technology, remote notarization has yet to be fully deployed and accepted on an interstate basis. While nearly every state allows for remote electronic notarization, regulations and recognition vary between states.

U.S. Sens. Mark R. Warner (D-VA) and Kevin Cramer (R-ND) introduced their bipartisan Securing and Enabling Commerce Using Remote and Electronic (SECURE) Notarization Act. This bill would permit the nationwide use of Remote Online Notarizations (RON), enabling notaries and signers to complete the process from different physical locations. It authorizes every notary in the United States to perform RON and provides certainty for interstate recognition of RON. The SECURE Notarization Act requires tamper-evident technology and fraud prevention measures through the use of multifactor authentication.

“It’s time to finally bring the notarization process into the 21st century,” said Sen. Warner. “Remote notarizations have proven to be a safe and convenient way for individuals to complete essential services such as executing wills, completing financial documents, and buying or selling a home online. This legislation would continue to modernize this system by permitting nationwide use of Remote Online Notarization to complete important documents.”

“We’ve made a lot of progress toward much more widespread use of online notarizations in the past few years, particularly through the pandemic,” said Sen. Cramer. “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. Our bill simply makes sure online notarizations are valid across [state] lines and allow every notary to perform them, and perform them in a very secure way.”

The SECURE Notarization Act will complement state regulations, including those in North Dakota, which already allow for remote notarizations.

The bill is endorsed by American Land Title Association (ALTA), Mortgage Bankers Association (MBA), National Association of REALTORS (NAR), and American Council of Life Insurers (ACLI).

“Senators Cramer and Warner have been longstanding champions in recognizing the clear benefits of extending RON access to all Americans and leading this bipartisan legislation, which offers a safe and secure path to remotely close real estate and mortgage transactions,” said Diane Tomb, CEO of ALTA. “By passing the SECURE Notarization Act, Congress will embrace a proven innovation and modernize the notarization process with a secure system that meets consumer needs and expectations, including those of our military heroes overseas, the elderly, and homebuyers seeking convenience.”

"The SECURE Notarization Act would make the mortgage closing process more convenient for consumers by creating federal minimum standards to allow notaries in all states to perform remote online notarization (RON) transactions,” said Bill Killmer, Senior Vice President of Legislative and Political Affairs at MBA. “MBA appreciates Senator Cramer and Warner’s commitment to enable nationwide use of RON technology. Their continued diligence and hard work on this critical issue will greatly simplify and improve mortgage transactions for all borrowers.”

“The National Association of REALTORS applauds Senators Cramer and Warner for reintroducing the SECURE Notarization Act,” said Shannon McGhan, EVP & Chief Advocacy Officer for the National Association of REALTORS. “This commonsense, bipartisan bill will modernize an essential part of real estate transactions by allowing nationwide use of secure, remote online notarization. Reliable, accessible notarized records are the bedrock of real estate, and this technology ensures Americans can continue to buy, sell, and finance property with confidence in today’s digital age.”

“Senators Cramer and Warner understand that families need practical, modern tools to plan for their financial futures,” said David Chavern, President and CEO of the ACLI. “During COVID, life insurers demonstrated how well remote online notarization works for consumers. Allowing its use nationwide is a smart, commonsense step to bring the notarization process into the 21st century.”

###