Bipartisan Nationwide RON Bill Reintroduced

U.S. Senators Kevin Cramer of North Dakota and Mark R. Warner of Virginia have jointly reintroduced their Securing and Enabling Commerce Using Remote and Electronic (SECURE) Notarization Act (HR 3962), a bipartisan bill that would permit the nationwide use of Remote Online Notarizations (RONs), enabling notaries and signers to complete the process from different physical locations.

“In a digital world, we sign documents online and seamlessly send them around the country with the push of a few buttons. Yet, the notarization process remains stubbornly antiquated,” said Sen. Cramer. “Our bill will safely and securely bring notaries across the nation into the 21st century.”

Sen. Cramer and Warner led this legislation previously, and earlier this year, it passed the House of Representatives by voice vote. In addition to authorizing every notary in the U.S. to perform RONs, the SECURE Notarization Act would require the use of fraud prevention mechanisms like tamper-evident technologies and multi factor authentication.

“When the COVID-19 pandemic ground our in-person economy to a halt, many states re-evaluated outdated processes in order to continue offering services remotely,” said Sen. Warner. “Remote Online Notarizations proved to be a safe and convenient way for individuals to complete essential services such as executing wills, completing financial documents, and buying or selling a home online while maintaining minimum safety and security standards. This legislation would continue to modernize our notary system by permitting nationwide use of Remote Online Notarization to complete important documents.”

Trade associations endorsing the bill include the American Land Title Association (ALTA), Mortgage Bankers Association (MBA), National Association of Realtors (NAR), and American Council of Life Insurers (ACLI).

“We applaud the longstanding leadership of Senators Cramer and Warner in recognizing the clear benefits of extending RON access to all Americans and introducing this bipartisan legislation, which offers a safe and secure path to remotely close real estate and mortgage transactions, among others. By passing the SECURE Notarization Act, we can take a much-needed step into the future by modernizing the notarization process with a secure system that has proven to meet consumer needs and expectations,” said Diane Tomb, CEO of ALTA. “The U.S. House of Representatives passed this needed legislation overwhelmingly in February and we urge the Senate to do the same. The SECURE Notarization Act allows businesses and consumers the ability to execute critical documents using two-way audiovisual communication. Current requirements for a signer to physically be in the presence of a notary are often impractical and sometimes impossible, such as for those serving overseas in the military or the elderly who can’t get to a physical closing.”

In February, the U.S. House of Representatives passed the SECURE Notarization Act of 2023 (HR 1059), a measure introduced by Reps. Kelly Armstrong of North Dakota and Madeleine Dean of Pennsylvania. HR 1059 was first introduced in 2020 as the COVID-19 pandemic increased the need for social distancing and remote options for executing important life documents. It includes requirements for two-way audiovisual communication, multifactor authentication, and tamper-evident technology–critically important security standards that protect consumers.

“The SECURE Notarization Act is essential to support new homeowners’ access to critical documents in a safe and consistent manner and would help apply a measure of transactional freedom to the flow of essential real estate closing activities,” said Bill Killmer, SVP of Legislative and Political Affairs at the MBA. “MBA appreciates Senator Cramer and Warner’s commitment to enable nationwide use of remote online notarization (RON) technology. Their continued diligence and hard work on this critical issue will greatly simplify and improve mortgage transactions for everyone pursuing the dream of homeownership.”

NAR President Kenny Parcell added, “The National Association of Realtors thanks Senators Cramer and Warner for their reintroduction of the SECURE Act. NAR encourages Congress to enact this legislation and provide Americans with this long-awaited technological advancement by allowing immediate nationwide use of an accessible, efficient, and secure online notarization technology. 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.”