Remote Notaries & Escrow: A Guide for California Real Estate Transactions

Buying and selling real estate has become an increasingly digital process, but notarization has traditionally required in-person signing. This can pose a challenge for clients who may be out of the country during escrow. Remote Online Notarization (RON) can provide a flexible option, but it comes with important requirements and limitations, which we will outline in this article.

What Is Remote Online Notarization (RON)?

Remote Online Notarization (RON), is notarization completed digitally, rather than in person. RON takes place through a secure platform where clients meet with a notary via a secure video session. Signers will need to upload required documents and verify their identity. Then, signers will sign digitally and a digital notary seal and signature will be applied, all conducted remotely. The primary benefit of RON is that it can often be completed from anywhere with a reliable internet connection.

Is Remote Notarization Allowed in California?

At this time, California notaries are not authorized to perform remote online notarizations. However, California residents may still be able to benefit from remote notarization services, as the state recognizes notarizations performed by out-of-state notaries if performed in compliance with the laws of the state where the notary is certified. This means that a buyer or seller who lives in California but will be out of the country during escrow may be able to use a remote notary commissioned in a RON-approved state. Because this allows notarization to be completed without needing to return to California, RON can be a major time-saver and a valuable tool for keeping transactions on track.

Important Limitation: Not All Documents Qualify

For a Buyer or Seller to sign documents via RON, it must be approved in advance by the title company, who will have their own requirements or restrictions (which very by company). The main requirement in using RON is that the signer MUST BE a U.S. Citizen. Other requirements that may apply will be which country they are located in, that the lender and all parties to the escrow sign consent that the grant deed or other documents is being signed via RON, etc.

Timing Matters

If a client is traveling or overseas during escrow, early communication is essential. Waiting too long to raise the issue can cause delays because of document rejection, needing to re-sign, or missing deadlines. If you know a client will be abroad during escrow, here are some best practices to keep the transaction on track:

Early Communication: As soon as you know a client will be out of the country and unable to sign in person, contact escrow and title immediately. Confirm whether RON is acceptable, and verify approved platforms or providers. 

Set Client Expectations: Inform your client that not all documents may qualify for RON, and additional steps may be required.

Helping You Close with Confidence

Remote notarization can be a valuable solution for clients who are out of the country, but it must be coordinated and approved early to ensure a smooth closing. If you have a client who may need to sign documents while abroad, reach out to our team. We’re here to help guide the process and keep your escrow on track.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Requirements for remote notarization may vary by transaction, title company, and document type.