AnalysisWhen the California Legislature enacted the Electronic Recording Delivery Act of 2004, it permitted Notaries to electronically notarize three specific real property documents: substitutions of trustee, assignments of deeds of trust and reconveyance deeds. It did not authorize Notaries to electronically notarize consumer-facing real property documents such as a grant deed, quitclaim deed, deed of trust or power of attorney for real estate. At the time the Legislature imposed this limitation electronic notarization was fairly new and there were concerns about the security of these transactions. Above all, the Legislature wanted to protect consumers from fraud. However, an unfortunate byproduct of the Electronic Recording Delivery Act was that it hindered adoption of electronic notarization in California. AB 2143 removes this limitation so that any electronic real property document can be electronically notarized.
Read Assembly Bill 2143.