In late February, the U.S. House of Representatives passed legislation that would help facilitate the execution of real estate documents and simplify completion of the property transaction process. The Secure Notarization Act of 2023 (H.R. 1059), which is
supported by the National Association of REALTORS®, would provide for immediate nationwide use of remote online notarization technology if it becomes law. The legislation would allow a notary and signer who are in different physical locations to safely and securely execute electronic documents.
NAR President Kenny Parcell reacted positively to the news, stating that “The reliability and validity of notarized public records is central to the real estate market and provides a foundation for all parties when mortgaging, purchasing, and selling real property. NAR applauds the House for its efforts to promote more accessible, efficient, and secure real estate transactions, and we will continue to advocate for the bill’s passage in the Senate.” The measure now heads to the U.S. Senate for consideration.
In Massachusetts, remote online notarization was permitted temporarily during the first year of the pandemic, however a bill to allow its use on a permanent basis did not make it out of the last legislative session. Nonetheless, efforts to pursue it still continue on Beacon Hill, as Governor Maura Healey has included provisions for remote online notarization in her newly-proposed budget for FY 2024.