Developments in technology have created multiple options for Notaries to perform notarial acts. These options include:
- Traditional Wet-Ink Notarization (TWIN)
- In-Person Electronic Notarization (IPEN)
- Remote Ink-Signed Notarization (RIN)
- Paper Remote Online Notarization (PRON)
- Remote Online Notarization (RON)
Here’s a look at the differences between these types of notarization.
Overview of different methods of performing notarial acts
Traditional wet-ink notarization: The principal is in the Notary’s physical presence, and signatures are in ink. The Notary may use an ink stamp seal.
In-person electronic notarization: The principal is in the Notary’s physical presence, and signatures are electronic. The Notary may use an electronic seal.
Remote ink-signed notarization: The principal appears before the Notary remotely using video conference technology like Skype or Zoom. The Notary watches the principal sign the document and a declaration under penalty of perjury in ink. The signer sends the document and declaration to the Notary, who signs and stamps the notarial certificate in ink before returning the document to the signer.
Paper remote online notarization: The principal appears before the Notary remotely using audio-video communication technology that includes multi-factor authentication, such as third-party credential analysis and dynamic knowledge-based authentication. The Notary watches the principal sign the document and a declaration under penalty of perjury in ink. The signer sends the document and declaration to the Notary, who signs and stamps the notarial certificate in ink before returning the document to the signer.
Remote online notarization: The principal appears before the Notary remotely using audio-video communication technology that includes multi-factor authentication, such as third-party credential analysis and dynamic knowledge-based authentication. Signatures and seals are electronic. In some states, this method is known as remote electronic notarization (REN) or online notarization.
Document requirements
The document format varies depending on whether traditional, IPEN, RIN, PRON or RON is used.
Traditional notarization: Involves a tangible paper document signed in ink.
In-person electronic notarization: Involves an electronic record, such as a PDF or HTML viewed on a website. The document is presented on a computer, laptop or mobile device and is signed electronically.
Remote ink-signed notarization: Involves a tangible paper document signed in ink.
Paper remote online notarization: Involves a tangible paper document signed in ink.
Remote online notarization: Involves an electronic record, such as a PDF or HTML viewed on a website. The document is presented on a computer, laptop or mobile device and is signed electronically.
Identification of the signer
Please check your specific state’s laws regarding the proper identification of signers.
Traditional notarization: The signer must personally know the Notary or be identified through satisfactory evidence, such as the presentation of an identification credential or the oath or affirmation of one or more credible witnesses who know the signer personally and can vouch for the signer’s identity.
In-person electronic notarization: As with traditional notarization, the signer must personally know the Notary or be identified through satisfactory evidence, such as the presentation of an identification credential or the oath or affirmation of one or more credible witnesses who know the signer personally and can vouch for the signer’s identity.
Remote ink-signed notarization: The signer must be identified through a process approved by the state, which may include the Notary’s personal knowledge of the signer, remote presentation of an acceptable ID credential to the Notary, or the oath/affirmation of a credible witness.
Paper remote online notarization: Most states allow a Notary to rely on either personal knowledge or a credible witness to identify a remotely located signer. Otherwise, the signer must prove their identity by two or more identification methods tailored for the remote environment commonly referred to as multi-factor authentication.
In addition, some states allow the signer to be identified using biometrics or a public key certificate.
Remote online notarization: Most states allow a Notary to rely on either personal knowledge or a credible witness to identify a remotely located signer. Otherwise, the signer must prove their identity by two or more identification methods tailored for the remote environment commonly referred to as multi-factor authentication (MFA).
In addition, some states allow the signer to be identified using biometrics or a public key certificate.
Notary signature and seal
Not all states require Notaries to use a seal. Below are the general differences between Notary signature and seal requirements for each notarization method.
Traditional notarization: The Notary completes the notarial certificate in pen and ink and affixes their physical Notary seal.
In-person electronic notarization: The Notary completes the notarial certificate with an electronic signature and affixes their electronic seal.
Remote ink-signed notarization: The Notary completes the notarial certificate in pen and ink, affixes their physical Notary seal, and returns the document to the remotely located signer.
Paper remote online notarization: The Notary completes the notarial certificate in pen and ink, affixes their physical Notary seal, and returns the document to the remotely located signer.
Remote online notarization: The Notary completes the notarial certificate with an electronic signature and affixes their electronic seal.
Journal entry and notarial records
Most states require or strongly recommend Notaries keep a journal of all notarial acts performed. Below are the general differences between journal requirements for each notarization method.
Traditional notarization: Depending on state laws, the Notary completes a record of the notarization in a bound, paper journal. In some states, a Notary may record an entry in an electronic journal.
In-person electronic notarization: Depending on state laws, the Notary completes a record of the notarization in a bound, paper journal. In some states, a Notary may record an entry in an electronic journal.
Remote ink-signed notarization: A Notary who performs a RIN should keep a journal and create an audio-visual recording of the notarial act in accordance with state law.
Paper remote online notarization: A Notary who performs a PRON should keep a journal and create an audio-visual recording of the notarial act in accordance with state law.
Remote online notarization: Usually an electronic journal is required, and the notarization must be recorded using audio-visual technology. The Notary must securely store the recording along with any other journal information required by state law.
Closing terms in the mortgage industry
There are different terms used to describe the closing of a mortgage loan transaction using traditional notarization, IPEN and RON.
Closing: The final step or last mile in a mortgage loan transaction in which closing documents are signed by the borrower and, if applicable, notarized by a Notary Public with paper documents and pen-and-ink signatures.
eClosing: An eClosing, or electronic closing, is a mortgage closing in which all the documents are digital. They are signed, notarized, and returned to the title company or lender in digital form, and nothing is printed out.
An eClosing may be conducted with the borrower and Notary in each other’s physical presence (using IPEN) or online using audio-visual technology (using RON).
Online closing: An eClosing is also referred to as an online closing if it's conducted online without the borrower and Notary being in each other’s physical presence. The personal appearance requirement for the notarization is satisfied via the internet using audio-visual technology. Electronic documents and signatures are used to sign and notarize the electronic documents.
iClose: iClose is a web-based closing system offered by one settlement services provider. With this system, the borrower physically appears before a Notary to sign a limited power of attorney (LPOA) in paper form. The LPOA allows a representative of the title company or lender to sign the borrower’s mortgage documents.
Typically, the borrower will log onto the iClose system to review and approve the loan documents using an electronic signature. The title company or lender representative signs all paper documents in the closing package, including the Mortgage or Deed of Trust, and a title company or lender Notary notarizes the representative’s signature.