AnalysisAccording to the bill sponsor who testified on the bill in committee, during the COVID pandemic title companies began sending out mobile Notaries to consumers because they wanted to keep people out of title offices. By using mobile Notaries, the title companies could charge consumers an additional fee. When COVID ended, title companies didn't want to lose their profit center, so they kept using mobile Notaries instead of having people come into title offices to sign documents for free.
Thus, the bill “simply” (to use the committee chair’s word) gives consumers the right to choose their own Notary instead of having to accept the Notary the title company wants them to use.
A title insurance representative testified that the intent of title companies wanting consumers to use their chosen Notaries stems from their efforts to combat seller impersonation deed fraud. Criminals often use their own complicit Notaries to commit fraud. Thus, the title insurance industry was trying to protect consumers from having the title to their property stolen.
Read House Bill 2344.