COVID-19 EXECUTIVE ORDER ON REMOTE NOTARY CLOSINGS

adam-niescioruk-Z9arfr0f248-unsplash

Yesterday Governor Kemp signed an Executive Order that temporarily removes the requirement that the “attestation of a recordable instrument under Code Sections 44-2-1 et seq. and 45-17-1 et seq. must occur in the physical presence of the notary public may be satisfied by the use of real-time audio-visual communication technology or any similar real-time means of electronic video conferencing that allows the parties to communicate with each other simultaneously by sight and sound.”This Executive Order also extends to the witness requirement for attested documents. What does this mean for closings going forward?The answer is, it depends. While the Governor has the authority to lift these requirements at the state level, there are several other interested parties regulating a closing including the lender (if any), the State Bar Association who is the state licensing board for attorneys, and the company issuing the title insurance for the lender and the new buyer. The Georgia Bar has endorsed “virtual closings” by temporarily removing such practice as an ethical violation. This means, following approved protocol of the title insurance companies and the lenders, remote signings can happen. What makes the most sense?Sellers have very few documents to sign for a real estate closing. Sellers pre-signing documents is both legal and encouraged. For these reasons, during this health state of emergency, Seller signings are a perfect fit for this approved virtual closing process. Buyers on CASH closings can electronically and securely sign all documents for cash closings without being virtually present or recorded. Because many lenders we have spoken with are NOT authorizing the use of remote online notaries for their borrowers to sign loan packages, we strongly encourage borrowers to still plan to attend closings in person. For those lenders who do approve remote online notary signings, we must either:1.) Have the loan package the day before disbursement (the day before the scheduled closing date); or2.) Have permission from the lender to fund on copies of the executed loan documents; or3.) Have permission from the lender to close “in escrow” pending the receipt of the original mailed returned documents at our law office. For any party, Seller or Buyer, to use the remote online notary service:1.) They must have the ability to print the documents at their current location; and2.) They must be physically located in Georgia. 3.) They must have access to a desktop or laptop with camera and audio capabilities, as well as a scanner so we can verify all docs are signed correctly, and get funding docs over to the lender if necessary. As you can see, this is a new process, one which Pacific Law Group has already vetted in other states, such as Florida, who already have had such processes in place. We have been prepared through business ties in these other states should such process be approved in Georgia. Even still, there will be questions and kinks to work out with the process in Georgia. We are here for our clients during these tough times and will coordinate whenever possible to minimize exposure and accommodate the needs of our clients. -Justin Pacific

Serving You in Woodstock,
West Cobb, Midtown and DULUTH

Serving You in Woodstock,
West Cobb, Midtown and Duluth

+20 other locations in Metro Atlanta

Screenshot-on-2020-04-12-at-15_55_32_300d14eac8642cd8ba5abb78f932c65d

625 Molly Lane, Suite 130 Woodstock GA, 30189

3700 Crestwood Parkway NW, Suite 440
Duluth, Georgia 30096

Testimonials

Pacific Law is by far the best closing attorney I have had the pleasure of working with. Their communication and friendliness is top of the line service.

- Alexis Jordan

We had a great experience with the whole crew at Pacific Law. It was nice to be well taken care of when closing on our new home! A special thanks to Justin for great convo and education throughout the signatures and to Gwen for keeping us in the loop on vital information and transactions throughout the process!

- JoJo Keller

Justin was really amazing, helpful, and cheerful throughout the entirety of the closing experience. As this was my first time going through this process I really appreciated it. Thank you for making something that seemed super intimidating feel approachable and even fun!

- Bubble Rebecka Wilson

Awesome Experience!!! We had two closings back to back and couldn’t be more pleased with the professionalism and efficiency!

- Johnathan Ford-Turnbull 

As a Transaction Coordinator & Realtor I work with a lot of closing attorneys. I'm always excited when I see Christina Pritz at Pacific Law on a new contract. Our clients have a professional experience working with the pre-closers and closers. They use special management software which keeps our clients' data secure but allows us to easily login and communicate throughout the transaction. Pacific Law is on top of their files and helps us ensure smooth closings.

- Melissa White Gilbert

As a Transaction Coordinator & Realtor I work with a lot of closing attorneys. I'm always excited when I see Christina Pritz at Pacific Law on a new contract. Our clients have a professional experience working with the pre-closers and closers. They use special management software which keeps our clients' data secure but allows us to easily login and communicate throughout the transaction. Pacific Law is on top of their files and helps us ensure smooth closings.

- Melissa White Gilbert 

That was the fastest and most efficient closing I have ever been a part of. Thank you!!

- Michelle LaRue Brackett

The team at Pacific Law made our closing such an easy experience!

- Derek Maloy

Pacific Law is by far the best closing attorney I have had the pleasure of working with. Their communication and friendliness is top of the line service.

- Alexis Jordan

We had a great experience with the whole crew at Pacific Law. It was nice to be well taken care of when closing on our new home! A special thanks to Justin for great convo and education throughout the signatures and to Gwen for keeping us in the loop on vital information and transactions throughout the process!

- JoJo Keller

Justin was really amazing, helpful, and cheerful throughout the entirety of the closing experience. As this was my first time going through this process I really appreciated it. Thank you for making something that seemed super intimidating feel approachable and even fun!

- Bubble Rebecka Wilson

Awesome Experience!!! We had two closings back to back and couldn’t be more pleased with the professionalism and efficiency!

- Johnathan Ford-Turnbull 

As a Transaction Coordinator & Realtor I work with a lot of closing attorneys. I'm always excited when I see Christina Pritz at Pacific Law on a new contract. Our clients have a professional experience working with the pre-closers and closers. They use special management software which keeps our clients' data secure but allows us to easily login and communicate throughout the transaction. Pacific Law is on top of their files and helps us ensure smooth closings.

- Melissa White Gilbert

As a Transaction Coordinator & Realtor I work with a lot of closing attorneys. I'm always excited when I see Christina Pritz at Pacific Law on a new contract. Our clients have a professional experience working with the pre-closers and closers. They use special management software which keeps our clients' data secure but allows us to easily login and communicate throughout the transaction. Pacific Law is on top of their files and helps us ensure smooth closings.

- Melissa White Gilbert 

That was the fastest and most efficient closing I have ever been a part of. Thank you!!

- Michelle LaRue Brackett

The team at Pacific Law made our closing such an easy experience!

- Derek Maloy

Want to talk? Give Us a Call!

Want to talk? Give Us a Call!

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod.