Bulletin: IN2020003

Dear Associates:

On April 6, 2020, Indiana Governor Holcomb issued Executive Order 20-18, effective April 7, (see link below) which addresses the COVID-19 health care emergency and “stay at home” orders for Hoosiers. Essential Businesses and Operations is defined under paragraph 14 q, Professional Services, to includes insurance and title services, which

“should be conducted virtually or by telephone whenever reasonably possible and any professional services requiring face-to-face encounters should be postponed unless the failure to meet in-person will have a significant adverse impact on the client's financial or legal position.” (Emphasis added) 

On March 31, 2020, the Indiana Supreme Court issued Order 20S – MS-236 which states, in part:

“Notaries and other persons qualified to administer an oath in the State of Indiana may swear a witness remotely by audio-video communication technology, provided they can positively identify the witness.”

The Courts’ Orders, and any updates, can be located at IN Supreme Ct.

Stewart is committed to our partners by providing solutions and further guidelines 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 Office 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 or until otherwise modified or terminated.

Remote Online Notarization (“RON”):

Please remember that Remote Online Notarization (“RON”) and electronic notary (“e-Notary”) are approved for use in Indiana and the application to become a RON notary can now be completed at the Indiana Secretary of State’s office. This is the preferred method of completing a non “in-person” closing and has a different process and requirements, which can be located in Stewart’s prior bulletin SLS IN2020001 (see link below).

Virtual Closing:

Stewart issuing agents and offices may use real-time audio-visual communication technology (“Virtual Technology”) to facilitate the real estate closing and attestation requirements for a notary public consistent with the above Orders and the guidelines set forth herein. This “virtual closing” is a face-to-face transaction using virtual technology where the closing documents are “wet signed” by the parties; received and assembled by the closer / escrow officer; and notarization completed for a paper transaction.

Virtual Technology (audio – video technology):

Stewart issuing agents and offices may use assistive audio-video technologies to facilitate the virtual closing and notarial act. The Stewart approved technology platforms and tutorials can be found at: Stewart eClosing Title Agent site.

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

A. Provide for the audio/video preservation of the entire notarial transaction, which should be retained for a period of seven (7) years;
B. Provide for secure storage and transmission of the non-public personal information; and,
C. Provide for verification of location of signer

Suggestions for Audio-Video Conferencing Technology:

Care should be taken that any platform chosen adequately provides for the ability to record the live session and that both the signer(s) 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

ADDITIONAL UNDERWRITING REQUIREMENTS:

1. Notary and signer must have face to face interactive (live) exchange of communication.
2. Notary must verify that the person or persons signing the documents are located within Indiana.
3. Notary must verify ID via a video comparison of ID to signer’s face.
4. The Notary must create an audio-visual recording of the performance of the notarial act which shall be retained for a period of at least 7 years from the date of the act.
5. The policy amount does not exceed $1,000,000.00. For liabilities above this amount, underwriting approval must be obtained;
6. The issuing agent must verify with the appropriate county Recorder that the document will be accepted for recording.
7. Parties, including lender, must authorize in writing the use of the video notary process.
8. The Notary must sign a certificate of compliance on a form provided by Stewart.

Please note that remote notarization and Remote Online Notarization are different processes with different requirements. 

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.