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On June 11, the Missouri governor issued an executive order extending, among others, Executive Order 20-08 relating to remote notary services, which was previously covered here. The extension permits notarial acts to be performed using audio-video technology, provided certain conditions are met, through August 28.
The North Carolina Secretary of State has issued requirements and FAQs for remote video notarizations, which are permissible under North Carolina’s emergency video notarization law from May 2 until August 1. The requirements specify, among other things, the identification and recordkeeping requirements for remote notarizations using video conference technology.
On June 11, the New Mexico governor issued Executive Order 2020-039, which extends Executive Order 2020-015, previously covered here, to continue to permit notarial acts conducted through audio-visual technology, provided certain requirements are met.
D.C. law creates new requirements for debt collection, creditor reporting, and mortgage servicing during the Covid-19 pandemic
On June 8, the mayor of D.C. signed the Coronavirus Support Congressional Review Emergency Amendment Act, which amended and consolidated four existing emergency acts passed in response to the Covid-19 pandemic (including the Coronavirus Omnibus Emergency Amendment Act and Foreclosure Moratorium Emergency Amendment Act). Among other things, the new act includes requirements for debt collection, credit reporting, remote notarizations, mortgage lending, and eviction and foreclosure moratoriums. It requires mortgage lenders to offer 90 day payment deferrals, waive late fees, and cease negative credit reporting, subject to specific requirements. It also prohibits initiating or conducting foreclosure sales on residential mortgages for the duration of the Covid-19 public health emergency and for 60 days thereafter, subject to certain specified limitations, and prohibits residential and commercial evictions during the same time period.
On May 26, the Kansas governor issued Executive Order 20-40, which temporarily permits notaries and witnesses to use audio-video technology for notarial acts during the state of disaster emergency. The order requires that (i) the notary public and the individual signing the document both be physically located in Kansas while performing the notarial act, (ii) the notary public identify the individual signing the document by personal knowledge or documentary evidence, and (iii) the transaction follow any guidance posted by the Kansas secretary of state on its website, among other conditions.
Indiana Secretary of State Connie Lawson issued an announcement highlighting new laws and regulations regarding continuing education for notaries public, remote notary authorization, and criminal history record checks for notaries public. As of March 31, active notaries public can receive authorization to conduct remote notarizations if they submit an application, complete an educational course, pay a $100 fee, and contract with an approved technology vendor. The new laws relating to continuing education and criminal history record checks take effect on July 1.
On May 12, Tennessee Governor Bill Lee issued Executive Order No. 37 allowing for remote notarizations and witnessing of documents until June 30, thereby extending the relief previously granted in Executive Order No. 26, which was set to expire on May 18.
On May 6, the Pennsylvania Department of State extended deadlines for appointed notaries to get sworn in, record a bond, oath and commission with the Recorder of Deeds, and register their signatures with the Prothonotary’s office. Previously, all such actions were required to occur within 45 days of the appointment. The Department of State provided an additional 30 days.
On May 5, Fannie Mae issued updates to Lender Letter 2020-03. The letter is addressed to all Fannie Mae single-family sellers, and addresses the impact of Covid-19 on originations. Among other things, Fannie Mae extended temporary origination-related policies to June 30, 2020, reminded lenders of policies regarding the use of unemployment benefits as qualifying income, and clarified policies surrounding furloughed borrowers. Fannie Mae also updated guidance regarding age of documentation, verification of self-employment, market-based assets, powers of attorney, remote online notarization, and verbal verification of employment.
- Jonice Gray Tucker to discuss “Be Your Compliance Best in 2022” at the California Mortgage Bankers Association webinar
- Lauren R. Randell to discuss “Significant legal developments in the Northeast” at the 37th Annual National Institute on White Collar Crime
- Jonice Gray Tucker to discuss “Small business & regulation: How fair lending has evolved & where it is heading?” at the Consumer Bankers Association Live program
- Jonice Gray Tucker to discuss “Regulators always ring twice: Responding to a government request” at ALM Legalweek
- Jonice Gray Tucker and Kari Hall to discuss “Equity, equality, regulation and enforcement – The evolving regulatory landscape of fair lending, redlining, and UDAAP” at the ABA Business Law Committee Hybrid Spring Meeting