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Law Updates

May  25,  2013  - Mississippi
MS House Bill 928 - House Bill 928 creates a “scrivener’s affidavit” for the purpose of correcting certain errors in documents affecting the title to real property that are recorded with a county recorder. The scrivener’s affidavit is required to be sworn and acknowledged before a Notary or notarial officer.

May  14,  2013  - Utah
UT House Bill 47 - House Bill 47 clarifies that a Notary Public who performs loan signings within the state of Utah is not required to be licensed as an escrow agent, but also adds that only a licensed escrow agent may explain documents connected with the sale, transfer, encumbering, or leasing of real property.

May  10,  2013  - Nevada
NV Assembly Bill 192 - Assembly Bill 192 allows the additional surcharge of $5 per Notary bond filed with a county clerk to remain in effect indefinitely.

Apr  22,  2013  - Arkansas
AR Senate Bill 821 - Senate Bill 821 was enacted in response to documented instances of fraud related to the filing of referendum and initiative petitions in 2012 and classifies certain misconduct by Notaries as Class A misdemeanors.

Apr  22,  2013  - Hawaii
Senate Bill 891 - Senate Bill 891 allows the Attorney General to adjust the fees for issuing a new or renewal Notary commission through the administrative rule process. The bill also puts the requirement for the Notary’s commission ID number to appear in the seal into statute and allows the Attorney General to administratively fine a Notary if the Notary’s seal does not contain the commission ID number.

Apr  11,  2013  - North Dakota
ND House Bill 1207 - House Bill 1207 “cleans up” some rough edges in the aftermath of North Dakota’s enactment of the Revised Uniform Law on Notarial Acts, specifically related to reciprocity and seal provisions.

Apr  08,  2013  - Arkansas
AR Senate Bill 1907 - House Bill 1907 repeals acknowledgment certificates in one section of the Arkansas Code and places replacement certificates in another. The bill was enacted to reduce the number of “defects” preventing such documents from being recorded by a county recorder or accepted into evidence by a court in a trial.

Apr  01,  2013  - Michigan
MI Senate Bill 689 - Michigan enacts the Uniform Unsworn Foreign Declarations Act (UUFDA). The UUFDA permits a person living or traveling outside of the U.S. who must sign a sworn statement to make the statement under penalty of perjury without having to appear before a Notary or U.S. consular officer to take an oath or affirmation. This new law does not apply to certain sensitive documents, including depositions, recordable instruments, self-proving affidavits to a last will and testament, and certain durable powers of attorney.

Apr  01,  2013  - Connecticut
CT Administrative Rule (eNotarization) - Under the Connecticut Uniform Real Property Electronic Recording Act (URPERA), standards for implementing eRecording were published effective April 1, 2013.

Mar  19,  2013  - Washington DC
DC Bill 753 - The District of Columbia enacts the Uniform Real Property Transfer on Death Act, authorizing a property owner to transfer interest in the property to a beneficiary upon the death of the owner through a Transfer on Death Deed that must be notarized and filed in the local land records.

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