Notary, loan and mortgage documents signing.by Sergio Musetti on 11/18/10
The law says that signers must physically appear before the the signer's identity. However, in the past some large companies did not adhere to these rules. When the foreclosure crisis opened up the process to scrutiny, all those defective procedures were discovered; there is an investigation into the robo-signing and computer stamping of mortgage documents, as Bloomberg
mentioned in his article.
If these financial institutions get away with this, the implication might be that a notary could sign, for example, a refinancing package by meeting the signers for five minutes to enter their identification information and signature in hisjournal and on one page that says that the borrowers have read and agree to all pages and terms contained in the other 100+ pages. After that,the notary could electronically sign and place his digital
seal on all documents, the same way that Nationwide Title and other companies have been doing in recentyears to accelerate a process of notarizing/signing thousands of documents every day. If they had to follow the law they would have to hire many more
people and it would have to takea very long time to sign and notarize these documents.
Maybe someday loan closers, title companies, and county offices will realize that there are faster and cheaper ways to accomplish proper documentation by using electronic signatures; about 9 years ago the "The Electronic Commerce Law" was in place in the USA. At the same time,
they would join the many industries who for reasons of "being green" would save many trees.
>..."computer system that automatically inserts a copy of signatures…
> in one case ... 5,000 mortgage documents a day."
>"…a system where nobody is responsible for the information and the decisions.
>...The computer system fills in the electronic assignments... and places a signature and notary seal from a list of employees..."
While the law permits electronic signatures and seals on assignments and lien releases, the signer must physically appear before the notary, and the notary must affirm the signer’s identity, that the signer is aware of what the document is, and that the signer is willingly executing it, said Michael Robinson, Executive Director of the National Notary Association, based in Chatsworth, California.
“The guiding principles behind it are the same as the guiding principles around paper notarizations,” he said.
Read more at Bloomberg