Underwriting Q&A: If RON (remote online notarization) is utilized for notarization of a document to be recorded in a County that has not adopted e-recording, is there a method available to effect recordation of a hard copy of the document with digital signatures and electronic notarization (RON)?

A:  Subject to advance verification of the County Clerk’s willingness to recognize the procedure, there is a mechanism set out in statutes in the Property Code that will achieve the recordation of a paper copy of an electronic record and serve as notice thereof.

Section 12.0011(b)(3) authorizes a paper document relating to real property, that is a copy of an electronic record, to be recorded if the paper copy has been declared by a traditional notary to be a true and correct copy of the electronic record using the procedure set out in Section 12.0013.

Section 12.0013sets out the process that allows the County Clerk to record a paper copy of the electronic record.  The paper copy must contain the image of the electronic signature(s) that are acknowledged or sworn to with a jurat, or proved according to law and the copy must be declared by a notary public to be a true and correct copy of the electronic record.  The notary public is authorized to execute and attach an official seal to a paper declaration under penalty of perjury and affix or attach the declaration to the paper copy of the electronic record.  The statute sets out the form for the declaration for the notary public to use.

If you have any questions be sure to reach out to FNTI underwriting counsel.