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Financial Services Law Insights and Observations

Texas governor permits remote notarization of real estate instruments

State Issues Covid-19 Texas Real Estate Notary Mortgages State Attorney General Fintech

State Issues

On April 29, the governor of Texas temporarily permitted persons to appear before a notary public via videoconference when executing real estate instruments such as mortgages. The Office of the Attorney General issued a set of conditions that must be met when using remote methods of notarization. These include the use of two-way video and audio communication permitting contemporaneous interaction, verification of identity, recordkeeping requirements, and attestations of the signatory and notary that they are physically located in Texas.