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Law Updates

Jan  01,  2013  - California
CA Assembly Bill 278/Senate Bill 900 - California becomes the first state to enact provisions from the National Mortgage Settlement into statute. The bill requires that certain foreclosure documents filed in court or recorded in the land records must be accurate and complete and provides a civil penalty of $7,500 for multiple instances of noncompliance.

Jan  01,  2013  - California
CA Assembly Bill 2326 - Assembly Bill 2326 prohibits the performance of a proof of execution by subscribing witness and requires a thumbprint to be entered into the Notary’s journal for any document affecting real property.

Jan  01,  2013  - Georgia
GA House Bill 24 - House Bill 24 adopts the Federal Rules of Evidence (FRE), which is important because under the FRE documents bearing a seal of a state officer or that are acknowledged before an officer authorized to take acknowledgments are admissible into evidence at trial without further extrinsic proof.

Dec  20,  2012  - Michigan
MI House Bill 5269 - The state of Michigan continues to focus on refining the penalties for committing misconduct and criminal acts as a Notary Public, a trend which began last year. HB 5269 provides that Notaries convicted of 2 or more “specified misdemeanors” within a 12-month period while commissioned or 3 “specified misdemeanors” within a 5-year period regardless of being commissioned shall have their commissions revoked by the Secretary of State.

Dec  11,  2012  - New York
NY Rules Implementing S 5672 - New administrative rule Section 200.1 implements S 5672, effective March 23, 2012, in listing the foreign terms a nonattorney Notary may not use in a foreign language advertisement for Notary services to mean or imply that he or she is an attorney. The new rule also provides the advertising disclaimer Executive Law 135-b requires to be posted in a non-English advertisement for Notary services in Simplified Chinese, Traditional Chinese, Spanish, Korean and Haitian Creole.

Nov  18,  2012  - Mississippi
MS Rules Implementing 2011 House Bill 599 - The final rules implementing House Bill 599 (Uniform Real Property Electronic Recording Act) permit Chancery Clerks to accept electronic documents for recordation in the land records. Entirely-electronic real property documents may be accepted provided the electronic notarizations have been performed by a Notary Public of a state that has enacted electronic notarization laws and published electronic notarization rules.

Nov  01,  2012  - Oklahoma
OK House Bill 2656 - House Bill 2656 broadens the definition of “electronic signature” to include a digital image or electronic copy of an original signature affixed to an original or certified copy of an original paper document.

Oct  01,  2012  - Connecticut
CT House Bill 5364 - House Bill 5364 defines and creates standards for performing copy certifications and modifies the definition of “notarial act” to include the specific types of notarization Notaries Public may perform.

Sep  23,  2012  - New York
NY Senate 2373A - New York paves the way for electronic recording of real property documents through the enactment of Senate 2373A.

Sep  19,  2012  - New York
NY Rules Implementing S 2373 - The final rules implementing Senate 2373, which was enacted last year and permits county recorders to accept electronic documents for recordation in the land records, requires electronic signatures used by Notaries to conform to four key standards as espoused by the Model Notary Act of 2010 and the National Association of Secretaries of State Electronic Notarization Standards. In addition, the rules specifically require Notaries to electronically notarize only when the signer of the electronic document affecting real property is in the Notary’s physical presence and can be identified as required by New York state law.

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