THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.
Bulletin: MA2022002
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Bulletin: MA2022002
Dear Associates:
Background:
During the COVID-19 State of Emergency, Massachusetts attorneys and paralegals were authorized to take acknowledgements using so-called virtual notarization or remote ink notarization (“RIN”) under Chapter 71 of the Acts of 2020, “An Act Providing for Virtual Notarization to Address Challenges Related to COVID-19.” This legislation extended the permissible use of RIN through December 15, 2021, at which point the law was repealed.
On February 12, 2022, Governor Baker signed into law a further extension of RIN, which is retroactive to December 15, 2021. The process and requirements of the law are the same as in the previous legislation. As a result of the retroactivity aspect of the law, notarizations performed between December 15, 2021, and February 12, 2022, using RIN that fully complied with the requirements set forth in the law signed by Governor Baker on February 12, 2022, are valid. The law has a built-in termination date of July 15, 2022, at which time the law will be repealed.
To view the legislation on RIN which is found in Section 12 of Chapter 22 of the Acts of 2022, follow this link: https://malegislature.gov/Laws/SessionLaws/Acts/2022/Chapter22
Underwriting Guidance:
Stewart policy-issuing agents in Massachusetts may continue to issue policies based upon documents notarized using assistive audio-video technologies provided they comply with the procedural and underwriting requirements set forth in Bulletins MA2020004 and MA2020006. Further, the limitations on the effective period of the authorizations in those Bulletins are hereby updated to extend through July 15, 2022. As a reminder, so-called “Remote Online Notarization” or “RON” is not authorized in Massachusetts, and Stewart’s National Bulletin SLS2020004 does not apply to Massachusetts transactions.
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.
References
- Related Bulletins:
- Underwriting Manual:
- None
- Exceptions Manual:
- None
- Forms:
- None