Washington, D.C. federal, trade summits on deed fraud underscore ‘Notaries are more important than ever’

U.S. Capitol dome with an American flag waving on the right side.

With growing national concerns over fraud that threaten the integrity of real estate transactions and consumer confidence, National Notary Association representatives joined federal and state officials and key trade organizations in Washington, D.C., to engage in discussions that reinforced a critical reality: Notaries are more important than ever in protecting the public from fraud at all levels.

Bill Anderson, Vice President of Government Affairs, and Brooke Merritt, Senior Manager of Policy Planning, met with the FBI’s Economic Crimes Unit and a coalition of real estate trade organizations to discuss ways to strengthen the role of Notaries in protecting consumers amid the rise of Notary impersonation fraud, seller impersonation deed fraud, and AI and deepfake fraud.

Over the past year, the NNA has collaborated with AARP, the American Land Title Association (ALTA), the Mortgage Bankers Association (MBA), National Association of Realtors (NAR), and Property Records Industry Association (PRIA) to develop comprehensive legislative policy recommendations aimed at combating deed fraud. This initiative culminated in a series of high-level discussions in Washington, DC, including a meeting with the FBI’s Economic Crimes Unit. Here are the key points from these meetings:

FBI/deed fraud coalition meeting: Strengthening notarial protections

The FBI reported that real estate fraud continues to increase, with total losses exceeding $50 billion since 2020. Criminal networks, including international crime rings, have been actively engaging in seller impersonation fraud, often exploiting Notaries in the process.

The coalition of trade associations joining the FBI recently published an issue brief outlining strategies to protect consumers and Notaries alike, outlining the following recommendations:

Authorizing Notaries to use credential analysis and identity proofing for paper-based notarial acts.
Mandating training for Notaries and other industry professionals on real property and elder fraud.
Establishing county recorder notification systems to alert both property owners and Notaries when deeds are recorded.
Implementing penalties for Notary impersonation.
Strengthening Notary commissioning processes to prevent bad actors from entering the profession.

Anderson and Merritt emphasized the real risks Notaries face when encountering fraud, particularly from organized crime rings. While stopping a fraudulent notarization in the moment can be dangerous, the NNA proposed the creation of a clear and effective reporting process that allows Notaries to report fraudulent transactions before a deed is recorded.

NASS Winter Conference: Addressing deepfake threats & notarial integrity

Anderson and Merritt also attended the National Association of Secretaries of State (NASS) Winter Conference, where they addressed several emerging concerns, including the rise of deepfake technology in remote online notarizations (RON).

The increasing sophistication of AI-driven deepfake technology presents a significant challenge for Notaries conducting RON. The NNA continues to raise awareness and advocate for strong countermeasures, as outlined in its deepfake position paper. Issues discussed include:

Fraud countermeasures and technology-based notarizations
Apostilles and eApostilles
Background screening requirements for Notary commission applicants
Notarial fees, bonds, and commissioning issues
Notary complaints, investigations, and administrative actions against Notary commissions.

These summits at the national level underscored an undeniable truth: Notaries are essential in the fight against fraud and consumer exploitation. As fraud schemes become more complex and technologically advanced, the role of Notaries continues to evolve.

Through continued collaboration with federal agencies, trade organizations, and state officials, the NNA remains committed to ensuring Notaries are equipped with the tools, training, and protections necessary to fulfill their vital role in safeguarding notarial transactions nationwide.

9 Comments

Add your comment

now@arlenenotary.com

02 Apr 2025

Remote Online Notarization (RON) is actually highly secure, especially on state-registered platforms that follow strict legal and technical requirements. Here’s how: 1. Identity Verification – Signers must go through multi-step identity proofing, which typically includes Knowledge-Based Authentication (KBA) questions and credential analysis of their government-issued ID. This ensures the signer is who they claim to be. 2. Secure Audio-Video Recording – Every RON session is recorded and stored, providing a clear record of the notarization. This acts as strong evidence against fraud or coercion. 3. Tamper-Evident Documents – The documents notarized through RON are encrypted and include digital signatures and seals that make tampering easily detectable. 4. Notary Oversight – Notaries are trained to detect signs of duress or incapacity, even through a screen. If something seems off, the notary can refuse to proceed, just as they would in person. 5. State Regulations – States that allow RON require notaries to use approved platforms that comply with stringent security standards, ensuring a safe process for all parties. 6. Signer’s Ability to Navigate the Technology – If a signer can successfully maneuver the RON platform, answer KBA questions, and operate their computer or mobile device, they are more than likely in their right mind. Someone experiencing cognitive impairment or undue influence would typically struggle with these steps, making coercion less feasible. Fraud can happen in any setting, but RON actually adds multiple layers of protection that aren’t available in traditional in-person notarizations.

Darlene McNeal

I’m glad California hasn’t instituted the RON process as I feel it opens up for more fraud because you’re limited to your view of only a computer screen when people can be behind a door or a wall and cohering signers to do things that they would not normally do also it’s difficult to get a sense of the signers mental ability when you’re just dealing with them through a computer.

Arlene Vincent

01 Apr 2025

Thank you for addressing the increasing concerns around fraud in real estate transactions and Notaries’ vital role in safeguarding public trust. As the conversation continues on the importance of protecting consumers and maintaining the integrity of these transactions, I’d like to raise a concern that I believe is equally critical: the growing trend of untrained and potentially unqualified Notary Publics offering classes and advice on platforms like TikTok and YouTube. While social media can be an excellent educational tool, there is a real danger in unqualified individuals guiding such an important responsibility. Notaries, by the nature of their role, handle sensitive documents that can directly impact individuals’ financial and legal well-being. It is concerning to see individuals with little to no formal training teaching others, especially in intricate processes or areas where legal mistakes can have severe consequences. This situation could jeopardize public trust and expose individuals to increased risk of fraud or error. Any educational efforts related to Notary services must come from certified, experienced professionals who adhere to the standards and ethics set by national and state regulations. I firmly believe that ensuring a higher level of training and accountability for those teaching these critical functions will further protect consumers and help preserve the profession’s integrity. Additionally, it’s important to note that Remote Online Notarization (RON) is not the core issue in this type of fraud. RON has proven a valuable tool for improving accessibility and convenience in notarizing documents, especially in today’s digital age. The real risk lies in the lack of proper training, oversight, and accountability for Notaries, whether they are working in person or online. We must strengthen the education and certification process to prevent fraud, regardless of the platform or method used. I hope this concern can be addressed alongside the important discussions happening at the national level and that efforts can be made to ensure that Notaries are well-prepared and adequately credentialed when offering guidance to others.

Amber A. Altizer

I recently encountered an elder couple who was deceived by a major bank, who called and told them during covid that they didn't have to pay a payment one month, which then sent them into default, then allowed [the big bank] to follow a horrible policy that enabled them to sell the remaining debt the couple had, which was a balloon note at the end of their loan,. Now mind you they had been paying on this mortgage for 30 years, they had most definitely paid for their house a few times over, which is what makes this situation even more disgusting, the fact they they sold their balloon note due to a default that they set them up for, then selling the debt to [a collection agency] who is not a lender, and are not a financial institution. They then begin calling the old couple telling them they had to pay the full amount of the debt, the balloon payment, or they will take their house, (although there was no contract between the collector and the couple) so that inevitably panicked this couple, they had no revolving credit so the could not borrow money to get it paid, so the only option left to them.... enter the [loan place], who introduces them to a reverse mortgage. Now this man, bought the land, and he built this house by his own hand in 1983, they had gotten a mortgage loan in 1996 to help install a swim pool, and do some improvements, they paid their monthly payments and was nearing the end of the loan, with the balloon note and during covid some greedy banks & lenders, obviously preyed upon niave and trusting elder folks. If this man can build up some credit , I told him about kikoff, self, & credit karma, so he can get a prepaid credit card to build his credit up, so he can acquire a loan from a bank, i am still astonished that his personal bank would not help them avoid this sort of mess, out of kindness, and decency, but their bank is a big corporation as well, so that explains the lack of human compassion. Over time, I have learned the differences between, family owned and operated, and corporate owned. Small business provides more personal care and compassion to human kind. So now , whoever offered the rev. Mortgage, will have possession of the home this man built by hand for his family back in 1983 and the corporate jerks have blatantly taken advantage of this couple, I want to help them, I wrote an email to Senator Blackburn, so maybe some good will prevail. It's so very sad.

Candice Russell-Vermilyea

31 Mar 2025

Perhaps doing away with remote online notarization, and going back to only in-person notarizations would be a really good start!

Lynne

STOP RON!! Just like voting, we need paper signings, not electronic!

Regina Andrews

This bulletin is timely. Deed fraud and AI should be considered Continuing Education courses from designated and authorized entities by Secretary of State's for courses and to ensure continuity in training subject matter. In addition, the ability for a Notary to speak to and validate information from a credible source using our license number or other validation to seek advice is essential. Thank you

Judith Kidd

As a Notary Public since 2013, a Notary Signing Agent since 2015, I applaud NNA's continued efforts to support recognition of the vital roles Notaries play in the battle against real estate fraud. I would greatly appreciate training in fraud prevention that goes beyond the current available scattered bits and pieces. Does the FBI, HSA, etc. sponsor or have plans to sponsor, a solid, regularly updated certification program in fraud prevention during real estate transactions that Notaries may take?

Julia A Moore

I love that these discussions are happening! Notaries are being held to a very high standard and accountability, however my concern is they are not being properly trained. Many notaries approach the craft easy because the process of becoming a notary and the training provided is "easy"! Last year I reached out to my local county sheriff's department to provide training on recognizing fraudulent id's to a group of notaries because we had NO CLUE of the changes, much less what to look for. This should NOT be a class we must seek out on our own. This should be included in all course work when becoming a notary, especially since verifying someone's identity is our primary role. Also continuing education should be a "thing" to enforce notaries to stay abreast of changes. Also, the course work should be more than a 1-2 hour slide presentation and suddenly you're commissioned because you passed an exam that basically provides the answers somewhere within the exam. There should be real course work, with instructors like a sheriff deputy or an attorney, or even an Escrow Officer, serving as an instructor to better educate the soon-to-be notaries of not only what the notary's role is, but the responsibility that comes with that role. It needs to be drilled into the new notary the liability that comes with the job.

Required *

Name *

Email *(for verfication purposes only)

Comment *

Verify

All comments are reviewed and if approved, will display.

FBI/deed fraud coalition meeting: Strengthening notarial protections

NASS Winter Conference: Addressing deepfake threats & notarial integrity

Leave a Comment

Subscribe to the National Notary Bulletin