Can We Close On Our House Remotely?

This is a Very Common Request from Buyers and Sellers

This can mean different things to different people and the answer will vary dependent upon whether you are a buyer or seller or if you are a buyer whether you are paying cash or are getting a loan for the purchase. Remote Online Notarization (RON) has transformed the traditional process of notarizing documents by allowing notaries and signers to connect via secure audio-visual technology over the internet. Especially accelerated by the COVID-19 pandemic, RON has become increasingly common in legal, real estate, and financial transactions. Remote Online Notarization represents a significant advancement in the execution and verification of legal documents. It offers clear advantages in terms of convenience, efficiency, and modern recordkeeping. However, RON may not be available to all users and in all circumstances. Currently, most lenders will not allow there documents to ne notarized via RON, but will require, at least some of the closing documents to be wet-signed. While the technology offers notable advantages in convenience and efficiency, it may also present challenges related to security and accessibility. As the legal landscape continues to evolve, a hybrid approach—combining the strengths of both remote and in-person notarization—may ultimately offer the best balance of accessibility, security, and trust

Pros of Remote Online Notarization

1. Convenience and Accessibility

One of the most significant advantages of RON is its unparalleled convenience. Signers no longer need to travel to a physical location or coordinate in-person meetings with notaries. Instead, documents can be notarized from home, work, or even abroad, as long as the signer has internet access and a compatible device. This benefit is especially helpful for our increasingly transient world and clients who are or may be out of jurisdiction (are or country) when closing is scheduled.

2. Time and Cost Savings

RON eliminates many of the logistical costs associated with traditional notarization. There are no transportation expenses, fewer scheduling delays, no commuting concerns and the process is usually very efficient.

3. Enhanced Recordkeeping and Verification

Remote notarizations are typically recorded via secure video, which provides a verifiable log of the interaction. This video record, along with digital audit trails, improves the transparency and accountability of the notarization process. It also makes it easier to resolve disputes if questions arise about the signer’s identity or understanding of the document.

4. Supports Social Distancing and Emergency Situations

During the COVID-19 pandemic, RON provided a crucial solution for maintaining essential legal and financial transactions while observing health guidelines. Even outside of pandemic contexts, it allows for continuity of services during natural disasters or emergencies when physical meetings might not be feasible.

Cons of Remote Online Notarization

1. Digital Divide and Accessibility Concerns

Not everyone has reliable internet access (a strong Wi-Fi signal is a must) or the technological literacy to comfortably navigate a remote notarization session. Elderly populations, those in rural and low-income areas, and parties in some parts of the world may struggle with video conferencing tools or encounter access limitations, which can hinder their ability to use RON services effectively.

2. Technical Glitches and Security Concerns

Technical difficulties—such as poor video quality, dropped connections, or software malfunctions—can disrupt the notarization process and delay transactions. Furthermore, the storage of sensitive data, including personal identification and video recordings, raises cybersecurity concerns. Without strong encryption and data protection policies, these digital records may become vulnerable to breaches.

3. Loss of Personal Interaction

In the typical real-estate transaction the settlement attorney/agent provides the signers with information specific to their market and can help resolve outstanding issues with signers when they meet. Some RON platforms do not allow the settlement company to also act as the notary for sessions. Often real estate agent and settlement companies can join sessions, but scheduling conflicts and technology glitches, might make the personal touches of the “normal” closing challenging.

4. Risk of Identity Fraud and Inability to Verify Identity

Although RON platforms use multi-factor authentication, credential analysis, and knowledge-based authentication (KBA), digital identity verification is not foolproof. There is always a risk of identity theft, impersonation, or document tampering, particularly when compared to the in-person process where physical IDs are examined directly.

5. KBA Hurdles

The KBA process requires signers to answer questions based upon their credit history. For individuals who do not have a U.S. tax identification number or a sufficient credit history in the U.S. there may be insufficient data to generate the required questions. Additionally, for individuals with significant assets and/or that have lived in a number of places answering the KBA questions can be difficult. If you fail KBA (usually given two chances), platforms and/or jurisdictional safeguards will restrict the signer’s access to use of RON.

6. Legal and Regulatory Inconsistencies

RON is not universally accepted across all states or countries, and laws vary widely in terms of which documents can be notarized remotely and which standards must be met. This patchwork of regulations can lead to confusion, especially for individuals or businesses operating across jurisdictions. Legal enforceability of RON-notarized documents may be questioned if not done in strict compliance with applicable laws.