Difference between revisions of "FL Remote Online Notarization"

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(Created page with "WFG’s current Florida RON Requirements 1. If you are using your own Florida RON Notary, that notary must use one of the RON Service Providers listed below. 2. If you are...")
 
 
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WFG’s current Florida RON Requirements
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==='''WFG’s current Florida RON Requirements'''===
  
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1. If you are using your own Florida RON Notary, that notary must use one of the RON Service Providers listed below.   
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::1. If you are using your own Florida RON Notary, that notary must use one of the RON Service Providers listed below.   
  
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2. If you are using a RON notary provided by one of the RON Service Providers authorized by WFG, the RON notary must be either a Florida RON notary, a Texas RON notary; or a Virginia RON notary (for Florida and Virginia properties only).   
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::2. If you are using a RON notary provided by one of the RON Service Providers authorized by WFG, the RON notary must be either a Florida RON notary, a Texas RON notary; or a Virginia RON notary (for Florida and Virginia properties only).   
  
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3. If using a Florida RON Notary, the notary must be located in Florida when the RON is performed.  
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::3. If using a Florida RON Notary, the notary must be located in Florida when the RON is performed.  
  
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4. The remote signor must provide a government issued credential e.g. driver’s license, which must pass a credential analysis (verification) by the RON Service Provider’s software.  
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::4. The remote signor must provide a government issued credential e.g. driver’s license, which must pass a credential analysis (verification) by the RON Service Provider’s software.  
  
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5. The remote signor must answer five knowledge-based authentication (“KBA”) questions.  Those KBA questions are provided by the RON Service Provider’s software and are derived from credit reporting agencies.  
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::5. The remote signor must answer five knowledge-based authentication (“KBA”) questions.  Those KBA questions are provided by the RON Service Provider’s software and are derived from credit reporting agencies.  
  
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6. The remote signor can be located anywhere in the world but cannot be a foreign person because the RON Service Provider will not be able to create the KBA questions to be answered by the signor since those questions are derived from credit reporting agencies.  However, if the foreign person has a credit history in the United States and the RON Service Provider’s software is able to create the KBA questions, RON can be used for that foreign signor if the foreign signor can pass the KBA questions and the credential analysis.   
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::6. The remote signor can be located anywhere in the world but cannot be a foreign person because the RON Service Provider will not be able to create the KBA questions to be answered by the signor since those questions are derived from credit reporting agencies.  However, if the foreign person has a credit history in the United States and the RON Service Provider’s software is able to create the KBA questions, RON can be used for that foreign signor if the foreign signor can pass the KBA questions and the credential analysis.   
  
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FOREIGN SIGNORS and VIRGINIA RON NOTARIES. While WFG does authorize the use of Virginia RON notaries, ALL of WFG’s Florida RON requirements must be met when performing a RON.  All RON notaries including Virginia RON notaries must perform BOTH credential analysis and KBA questions for identity proofing the remote signor no matter where the remote signor is located including foreign countries and whether or not the remote signor is a foreign person.
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===='''FOREIGN SIGNORS and VIRGINIA RON NOTARIES.===='''
  
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7. If witnesses are remote from the signor, they have to be located in the USA and be residents of the USA, and they have to pass the credential analysis and the KBA questions.  See Practical Issues listed below regarding Florida RON law and remote witnesses.
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::With remote online notarization (“RON”) and foreign sellers, there is an issue regarding the knowledge based authentication questions (“KBA”). KBA questions are derived from credit reporting companies so if the foreign person does not have a credit history in the USA, the RON Service Provider’s (“RONSP”) software will not be able to produce the KBA questions.  Normally, WFG is not able to accept a RON on a foreign seller because the RONSP cannot do both the credential analysis (verification of the ID provided) and the KBA questions.  However, on a case by case basis, WFG will accept an Identity Affidavit from certain persons who personally know the seller and who are able to identify the seller while watching the seller in a RON audio video session.
  
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8. The RON Session must be video and audio recorded and saved for 10 years.
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::In lieu of KBA questions for foreign sellers, WFG will accept an Identity Affidavit from one of the following persons:
  
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9. The RON Notary must keep an electronic log of all RON’s performed by the notary and a backup electronic copy.
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::1. An attorney in the United States who represented the seller on prior occasions and  
 +
who is able to personally identify the seller; or
  
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Practical Issues
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::2. A CPA in the United States who knows the seller and who is handling the seller’s
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FIRPTA issues in the current transaction, and who is able to personally identify the
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seller; or
  
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1. Texas law does not require witnesses on deeds, so if using a Texas RON notary, make sure that the executed deed has two witnesses.
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::3. The title agent in the current transaction who personally knows the seller and who is able to personally identify the seller; or
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::4. A Realtor who personally knows the seller and who is able to personally identify the seller, AND who has a long standing relationship with the title agent.
  
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2. Florida is, apparently, the only state that authorizes witnesses to be remote from the signor and the notary. Many RON Service Providers are not setup to handle witnesses that are remote from both the signor and the RON notary.  Therefore, witnesses have to be physically located with the remote signor when the RON is performed.
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::The Identity Affidavit from any of the forgoing will be acceptable if the following conditions are met:
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::1. The transaction is a residential.
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::2. The transaction does not exceed $1,000,000.
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::3. WFG’s Underwriting Department approves use of the Identity Affidavit   on every transaction.
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::4. A copy of the ID used by the foreign seller is provided to the Title Agent.
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::5. All of WFG’s requirements regarding use of RON, other than the KBA questions, are followed.
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::6. The RON Notary is a Virginia RON Notary.
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::7. The RONSP is one of the WFG’s approved RON Service Providers.
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::8. The person signing the Identity Affidavit watches the RON video session and confirms in the Identity Affidavit that he/she attended the remote online video and audio session during which the affiant viewed the Seller signing the closing documents; and that based upon the affiant’s previous relationship with the Seller, the affiant is able to confirm that the Seller is the person who appeared in the RON video and executed the closing documents.
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::9. The original Identity Affidavit is not recorded but is kept in the title agent’s file and a copy of the executed Identity Affidavit is sent to WFG.
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::10. The Title Agent watches the RON Session.
  
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RON Service Providers
 
  
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WFG authorizes use of the following RON Service Providers:
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::7. If witnesses are remote from the signor, they have to be located in the USA and be residents of the USA, and they have to pass the credential analysis and the KBA questions.  See Practical Issues listed below regarding Florida RON law and remote witnesses.
 +
 
 +
::8. The RON Session must be video and audio recorded and saved for 10 years.
 +
 
 +
::9. The RON Notary must keep an electronic log of all RON’s performed by the notary and a backup electronic copy.
 +
 
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==='''Practical Issues'''===
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::1. Texas law does not require witnesses on deeds, so if using a Texas RON notary, make sure that the executed deed has two witnesses.
 +
 
 +
::2. Florida is, apparently, the only state that authorizes witnesses to be remote from the signor and the notary.  Many RON Service Providers are not setup to handle witnesses that are remote from both the signor and the RON notary.  Therefore, witnesses have to be physically located with the remote signor when the RON is performed.
  
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    A. Notarize - https://www.notarize.com/
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==='''RON Service Providers'''===
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    B. NotaryCam - https://www.notarycam.com/
 
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    C. Pavaso - https://pavaso.com/ron/
 
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    D. NexSys - https://www.nexsystech.com/
 
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    E. DocVerify - https://www.docverify.com/
 
  
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WFG authorizes use of the following RON Service Providers:
  
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Click on this link for a copy of WFG’s Bulletin Nos: FL2020-08, FL2020-09, and NB2020-04
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:A. Notarize - https://www.notarize.com/
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:B. NotaryCam - https://www.notarycam.com/
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:C. Pavaso - https://pavaso.com/ron/
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:D. NexSys - https://www.nexsystech.com/
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:E. DocVerify - https://www.docverify.com/

Latest revision as of 09:02, 1 April 2021

WFG’s current Florida RON Requirements

1. If you are using your own Florida RON Notary, that notary must use one of the RON Service Providers listed below.
2. If you are using a RON notary provided by one of the RON Service Providers authorized by WFG, the RON notary must be either a Florida RON notary, a Texas RON notary; or a Virginia RON notary (for Florida and Virginia properties only).
3. If using a Florida RON Notary, the notary must be located in Florida when the RON is performed.
4. The remote signor must provide a government issued credential e.g. driver’s license, which must pass a credential analysis (verification) by the RON Service Provider’s software.
5. The remote signor must answer five knowledge-based authentication (“KBA”) questions. Those KBA questions are provided by the RON Service Provider’s software and are derived from credit reporting agencies.
6. The remote signor can be located anywhere in the world but cannot be a foreign person because the RON Service Provider will not be able to create the KBA questions to be answered by the signor since those questions are derived from credit reporting agencies. However, if the foreign person has a credit history in the United States and the RON Service Provider’s software is able to create the KBA questions, RON can be used for that foreign signor if the foreign signor can pass the KBA questions and the credential analysis.

====FOREIGN SIGNORS and VIRGINIA RON NOTARIES.====

With remote online notarization (“RON”) and foreign sellers, there is an issue regarding the knowledge based authentication questions (“KBA”). KBA questions are derived from credit reporting companies so if the foreign person does not have a credit history in the USA, the RON Service Provider’s (“RONSP”) software will not be able to produce the KBA questions. Normally, WFG is not able to accept a RON on a foreign seller because the RONSP cannot do both the credential analysis (verification of the ID provided) and the KBA questions. However, on a case by case basis, WFG will accept an Identity Affidavit from certain persons who personally know the seller and who are able to identify the seller while watching the seller in a RON audio video session.
In lieu of KBA questions for foreign sellers, WFG will accept an Identity Affidavit from one of the following persons:
1. An attorney in the United States who represented the seller on prior occasions and

who is able to personally identify the seller; or

2. A CPA in the United States who knows the seller and who is handling the seller’s

FIRPTA issues in the current transaction, and who is able to personally identify the seller; or

3. The title agent in the current transaction who personally knows the seller and who is able to personally identify the seller; or
4. A Realtor who personally knows the seller and who is able to personally identify the seller, AND who has a long standing relationship with the title agent.
The Identity Affidavit from any of the forgoing will be acceptable if the following conditions are met:
1. The transaction is a residential.
2. The transaction does not exceed $1,000,000.
3. WFG’s Underwriting Department approves use of the Identity Affidavit on every transaction.
4. A copy of the ID used by the foreign seller is provided to the Title Agent.
5. All of WFG’s requirements regarding use of RON, other than the KBA questions, are followed.
6. The RON Notary is a Virginia RON Notary.
7. The RONSP is one of the WFG’s approved RON Service Providers.
8. The person signing the Identity Affidavit watches the RON video session and confirms in the Identity Affidavit that he/she attended the remote online video and audio session during which the affiant viewed the Seller signing the closing documents; and that based upon the affiant’s previous relationship with the Seller, the affiant is able to confirm that the Seller is the person who appeared in the RON video and executed the closing documents.
9. The original Identity Affidavit is not recorded but is kept in the title agent’s file and a copy of the executed Identity Affidavit is sent to WFG.
10. The Title Agent watches the RON Session.


7. If witnesses are remote from the signor, they have to be located in the USA and be residents of the USA, and they have to pass the credential analysis and the KBA questions. See Practical Issues listed below regarding Florida RON law and remote witnesses.
8. The RON Session must be video and audio recorded and saved for 10 years.
9. The RON Notary must keep an electronic log of all RON’s performed by the notary and a backup electronic copy.

Practical Issues

1. Texas law does not require witnesses on deeds, so if using a Texas RON notary, make sure that the executed deed has two witnesses.
2. Florida is, apparently, the only state that authorizes witnesses to be remote from the signor and the notary. Many RON Service Providers are not setup to handle witnesses that are remote from both the signor and the RON notary. Therefore, witnesses have to be physically located with the remote signor when the RON is performed.

RON Service Providers

WFG authorizes use of the following RON Service Providers:

A. Notarize - https://www.notarize.com/
B. NotaryCam - https://www.notarycam.com/
C. Pavaso - https://pavaso.com/ron/
D. NexSys - https://www.nexsystech.com/
E. DocVerify - https://www.docverify.com/
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