Remote Notarization Extended in New York
The use of remote notarization in New York state has been extended through February 22, 2021 by Executive Order No. 202.91. Under the executive order, New York’s Governor Andrew Cuomo authorized the use of audio-video technology to conduct a notarization, under the following conditions:
- The signer must present a copy of a valid photo ID to the notary during the video call, unless the signer is known to the notary;
- The audio-video technology must allow the signer and the notary to have a direct interaction in real time. A notary cannot rely on a pre-recorded video of a signer executing the document;
- The signer must affirm that he or she is in New York at the time of execution; and
- The signer must send the notary the signed documents either by fax or email on the same day the documents were signed.
If the above conditions are met, the notary may notarize the documents and transmit them back to the signer for use. The notary may also notarize the original document as of the date of execution if the notary receives the original document along with the executed electronic version within thirty (30) days of initial execution.
It is clear that we will need to adjust our business practices to allow real estate transactions to continue during this unprecedented time. However, it is imperative that we continue to employ safe and trusted methods of executing documents, particularly those affecting real estate title. CATIC Title is committed to helping its agents through this uncertain time. Should you have any questions about how to comply with the New York Executive Order, please contact Steve Maggiola, CATIC Title’s Senior Vice President and Counsel, or Bob Picone, CATIC Title’s New York State Manager. We look forward to continuing to serve you and your clients throughout this crisis and beyond.