Topic: Notaries Public
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Can our loan officers notarize borrowers’ signatures on mortgages and deeds of trust? Our bank heard that a law was passed in Illinois prohibiting this, but we do not know if it has become effective.
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Disclaimer: The IBA has received information from the Office of the General Counsel for the Illinois Secretary of State that changes our guidance on this question. Please review this Q&A for our most recent guidance on this subject. No, loan officers are not currently prohibited from notarizing borrowers’ signatures on mortgages and deeds of trust…
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What is the maximum fee we can charge for performing notary services in Illinois? We were informed that it is $1, but we thought it was $5.
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Currently, the Illinois Notary Public Act limits notary fees to $1. This amount eventually will increase to $5 for some notarial acts, but not until the Illinois Secretary of State finalizes rules implementing recent changes to the Illinois Notary Public Act. In 2021, the Illinois General Assembly amended the Illinois Notary Public Act, including increases…
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Does Illinois law prohibit a loan originator from notarizing a mortgage securing a loan they originated? Our external auditor recommended that we have someone who is not involved in the loan transaction notarize the mortgage. Is this a legal requirement or simply a best practice?
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Disclaimer: The IBA has received information from the Office of the General Counsel for the Illinois Secretary of State that changes our guidance on this question. Please review this Q&A for our most recent guidance on this subject. We believe that your external auditor’s suggestion is based on recent revisions to the Illinois Notary Public…
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Is a tribal identification card issued by a federally-acknowledged tribe an acceptable form of identification that a notary can accept under the Illinois Notary Public Act?
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No, we do not believe that a tribal identification card is an acceptable identification document that a notary can accept under the current Illinois Notary Public Act. In-Person Notarizations Under the Notary Public Act Under the Illinois Notary Public Act, a notary must identify the signer by personal knowledge, identification by a credible witness personally…
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We are aware that Illinois passed a law last year to allow remote online notarizations once implementing rules have been finalized. Has the law gone into effect yet, and is remote notarization allowed for real estate e-closings with a mortgage?
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No, fully electronic remote notarizations using electronic signatures and electronic notary seals (as opposed to remote notarizations using traditional wet ink signatures) have not yet been authorized in Illinois. Fully electronic remote online notarizations will be authorized under the Illinois Notary Public Act once the Secretary of State finalizes its implementing rules. The Secretary of…
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When will the new rules requiring Illinois notaries to keep journals and meet certain education requirements go into effect? We have several notaries in our institution asking questions regarding the new rules, but all we can find is that notary fees will increase on July 1, 2022.
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The Illinois Notary Public Act’s new education and journaling requirements for notaries will not go into effect until the date on which the Illinois Secretary of State adopts administrative rules implementing the Act. The Secretary of State published proposed rules in the Illinois Register on April 15, 2022, and the comment period for them ended…
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Do the recent amendments to the Illinois Notary Public Act requiring notaries to keep a journal apply to all notaries or only those performing electronic notarial acts? Should notaries begin keeping journals now, even if they are not yet required? Also, did the Illinois Secretary of State send out a notice to registered notaries about the new requirements?
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The new requirement to keep a journal applies both to notarial acts and electronic notarial acts. As such, both notaries and electronic notaries will need to keep a journal of their notarial acts when this requirement goes into effect. This requirement (established in Public Act 102-160) takes effect on the later of January 1, 2022,…
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Does the requirement for Illinois notaries to maintain a journal for notarial acts become effective on January 1, 2022, or a later date?
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We do not believe that the requirement for Illinois notaries to maintain a journal for all notarial acts will become effective on January 1, 2022. The new requirement that notaries public maintain “a journal of each notarial act or electronic notarial act which includes, without limitation, the requirements set by the Secretary of State in…
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Is Executive Order 2020-14, which authorized remote notarizations, still in effect? It is not referenced in the most recent Executive Order (2020-59) that extended many of the COVID-19-related executive orders.
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Disclaimer: The Electronic Commerce Security Act (ECSA) was repealed and replaced with the Uniform Electronic Transaction Act (UETA), effective June 25, 2021. Please note that this change may affect the continued accuracy of this guidance as it pertains to the ECSA. On June 12, 2020, the Electronic Commerce Security Act was amended to authorize remote witnessing…
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In answer to a previous question on GoToIBA.com, you indicated that: “Notaries commissioned to perform notarial acts in Illinois must affix their seal to their signature, and this cannot be done electronically. Further, we believe that when your customer’s signature is being notarized, both your customer and the notary must sign on paper using ink.” Given the COVID-19 pandemic, is any change to this rule anticipated?
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The Illinois Governor authorized the use of remote online notarizations in Executive Order 2020-14 (EO-14), issued during a Gubernatorial Disaster Proclamation related to COVID-19. EO-14 provides that Section 6-102 of the Illinois Notary Act (requiring signatories to appear before a notary) may be satisfied with two-way audio video communication technology — provided the notary and…