Legal Analysts

Friday, March 20, 2020

Remote (Mail Away) Real Estate Closings are Here - Governor Issues Order

NYS' Governor Cuomo has ordered the permissibility of video notarization through April 18, 2020 as follows:

"Any notarial act that is required under New York State law is authorized to be performed utilizing audio-video technology provided that the following conditions are met:

  • The person seeking the Notary's services, if not personally known to the Notary, must present valid photo ID to the Notary during the video conference, not merely transmit it prior to or after;
  • The video conference must allow for direct interaction between the person and the Notary (e.g. no pre-recorded videos of the person signing);
  • The person must affirmatively represent that he or she is physically situated in the State of New York;
  • The person must transmit by fax or electronic means a legible copy of the signed document directly to the Notary on the same date it was signed;
  • The Notary may notarize the transmitted copy of the document and transmit the same back to the person; and
  • The Notary may repeat the notarization of the original signed document as of the date of execution provided the Notary receives such original signed document together with the electronically notarized copy within thirty days after the date of execution." 
Now, real estate brokers / salespersons / attorneys / loan officers, and the like, should get to work - we have real estate closings to get done!

Thank you Governor Cuomo for hearing our requests. 

NYS legislature should vote to make this permanent by passing S4352B as we discussed in 5 Real Estate Laws to Know in These Times.