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.

WARNING:  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.

News

TLTA coverage and more information about this issue.

Reference

Additional information and resources about this issue, including rules, forms, websites or other documents. 

Legislation

• 86th Legislative Session – SB 2128
• 85th Legislative Session – HB 1217

Additional Resources

• Guidance for County Clerks on Recording RON Documents
• RON Info for Consumers: Remote Online Notaries Are Now Available in Texas
• Getting Started as an Online Notary
• Texas Online Notary Filings (as of 3.14.20) - Please note, this list of registered e-notaries changes daily and is a snapshot of those who had applied and received a commission as of the date noted. Before contacting a notary on the list, please confirm their commission is still in effect by conducting a search on the Texas Secretary of State's online notary search. A special note of thanks to Robert Sumners, Assistant Secretary of State for providing this information.
• GSEs Issue New Guidance on RON, Powers of Attorney (ALTA Article)
  • Fannie Mae Guidance
  • Freddie Mac Guidance
• Texas Administrative Code – Chapter 87 (includes rules effective Aug. 19, 2018)
• TLTA 2019 Legislative Report
• TLTA 2017 Legislative Report