Remote Closing from a Home Office
Marcus Lee is commissioned in North Dakota and wants to start performing remote notarizations from his Bismarck home. He registers with the Secretary of State as a remote notary and uses a video platform that records audio and video. On January 10 he notarizes a mortgage refinance for a signer who is in Amarillo, Texas. The signer presents a Texas driver license that expired two months earlier. Marcus compares the photo, asks knowledge-based questions, and completes the act. He saves the recording to his personal laptop and plans to delete it after 90 days because of storage costs. His electronic seal displays his name and "Notary Public" but omits the commission expiration date and the state. The lender asks for a paper certificate with an ink seal.
1. Did Marcus satisfy identity-proofing requirements? What should he have done about the expired ID?
Read the worked answer
No. Remote notarization requires satisfactory evidence of identity using approved methods, typically credential analysis and identity proofing, or another method the law permits. An expired driver license is generally not acceptable as current government-issued identification, and knowledge-based questions alone do not cure the defect. Marcus should have refused to proceed until the signer produced a current acceptable ID or until he could rely on another authorized method, such as personal knowledge if applicable. Because the signer was in Texas, Marcus also needed to confirm that North Dakota law allowed him to perform the act for a signer located outside the state. The act is not validated simply because the video platform recorded the session.
2. What are Marcus's obligations for the recording and journal?
Read the worked answer
A remote notary must keep a journal of remote notarial acts and must retain the audio-video recording for the required retention period, which is 10 years under the revised uniform law adopted in North Dakota. Deleting the recording after 90 days to save storage violates that duty. He must store the recording and journal securely and protect them from unauthorized access. The journal should record the date and time, the type of act, the names of the parties, the identification method, and other required details. If he cannot meet the retention and security requirements, he should not offer remote notarization.
3. What defects exist in the electronic seal and the lender's request for an ink seal?
Read the worked answer
The electronic seal is incomplete. It must include Marcus's commissioned name, the words "Notary Public," the state, and the commission expiration date. Omitting the state and expiration date makes the seal noncompliant and can cause the certificate to be rejected. The lender's request for a paper certificate is not automatically a problem: an electronic notarial act can be embodied in a tangible printout if the electronic seal and signature are compliant and the printout accurately reflects the act. Marcus should correct his seal first and then provide a certificate that contains all required elements. He should not use an ink seal that conflicts with his electronic commission record.