Bulletin: KY2020001

Dear Associates:

On March 30, 2020, the Governor signed into effect SB 150, which addresses Coronavirus relief in Kentucky. The Act is intended to apply during the State of Emergency declared by the Governor on March 6, 2020, by Executive Order 2020-215. The Governor has authority to declare in writing the date upon which this State of Emergency will cease. The Act modifies certain parts of existing notary law to allow the assistance of audio-visual technology to facilitate the social distancing necessary to prevent the spread of COVID-19, and further provides that any document resulting from the use of such technology can be executed in counterparts and considered as one document.

Stewart is committed to our partners and providing solutions to allow agents and Stewart Issuing Offices to continue closing and insuring transactions. Given the uncertainty of how COVID-19 may impact real estate transactions, and in the interest of providing our Issuing Offices the tools necessary to provide service to their customers, we are implementing the following procedures outlined below, which are EFFECTIVE for the duration of the State of Emergency (unless otherwise extended or modified).

TECHNOLOGY

Stewart agents may use assistive audio-video technologies to facilitate the Notarial act. The Stewart approved technology platforms and tutorials can be found at: 

https://www.stewart.com/content/stewart/stewartcom/en/eclosing/customer-type/title-agency-info.html?refurl=%2Fcontent%2Fstewart%2Fstewartcom%2Fen%2Fcustomer-type%2Ftitle-insurance-underwriting-services%2Feducation-and-training%2Feclosing%2Foverview.html

In the event you do not use an approved Platform, the audio-visual technology must:

1. Provide for the audio/video preservation of the entire notarial transaction, which should be retained for a period of ten (10) years;
2. Provide for secure storage and transmission of the non-public personal information; and,
3. Provide for verification of location of signer

Suggestions for Audio/Video Conferencing Technology:

The Act does not identify specific technology to be used. Care should be taken that any platform chosen adequately provides for the ability to record the live session and that both the Signer and the Notary have devices which support the chosen platform. As a convenience to our agents and to aid your search in locating a service provider, we’ve listed some providers which offer audio/video conferencing and the ability to record such conference.

Zoom: https://support.zoom.us/hc/en-us/articles/203741855-Cloud-recording

Microsoft Teams: https://support.office.com/en-us/article/record-a-meeting-in-teams-34dfbe7f-b07d-4a27-b4c6-de62f1348c24

GoToMeeting: https://www.gotomeeting.com/features/online-meeting-recording

Cisco Webex: https://help.webex.com/en-us/nzpa89j/Manage-Cisco-Webex-Meetings-Recordings

CONDITIONS FOR THE NOTARIAL PROCESS.

• Notary and signer must have face to face interactive (live) exchange of communication.
• If the technology does not provide for verification of location, the Notary must verify that the person or persons signing the documents are located within Kentucky.
• Notary must verify ID via a video comparison of ID to signer’s face.
• Title company must verify County Clerk will accept the documents notarized in this process.
• Notary must advise the Secretary of State that you will be performing notarial acts by audio/video technology, and which technology you intend to use.

ADDITIONAL UNDERWRITING REQUIREMENTS:

• Parties, including lender, must authorize in writing the use of the video notary process.
• The approval of the Audio-Visual feature is limited to policy amounts up to $1,000,000. Real estate transactions in excess of $1,000,000 will be considered, however, Issuing Office shall obtain Stewart Underwriter approval.
• The Notary must sign a certificate of compliance on a form provided by Stewart.

Please note we have a dedicated site on VU for all things COVID-19 related available:
https://www.vuwriter.com/en/coronavirus-resources.html

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

For on-line viewing of this and other bulletins, please log onto www.vuwriter.com.