Earlier today, Governor Baker signed Senate Bill 2645, which suspends the requirement that documents be notarized in person, presuming certain conditions are met. This will greatly ease the obstacles many of our clients have faced when seeking to execute estate plan documents or real estate deeds and mortgages while also minimizing social contact between attorneys and clients. Any documents executed in accordance with the new law will be sufficient for all legal purposes, including for recording at any registry of deeds.
If the document being notarized remotely relates to a mortgage or a conveyance of title to real estate, or is a last will and testament, nomination of guardian or conservator, trust, durable power of attorney, or health care proxy, the notary conducting the remote notarization must be an attorney licensed to practice law in Massachusetts or a paralegal under the direct supervision of such an attorney.
Some of the other new conditions which must be met for remote notarization include (1) that the notary public be appointed under the laws of Massachusetts, (2) that the notary conduct a recorded video conference with the signor, (3) that both the notary and the signor are located within Massachusetts, and (4) that the signor provides the notary with satisfactory evidence of identity.
Further, for documents related to real estate transactions, the notary and signor must hold a second recorded video conference for the signor to confirm that the notary received the document previously executed.
Having prioritized the importance of social distancing since the start of the Covid-19 crisis and Governor Baker’s emergency declaration on March 10th, Gove Law Office will be immediately implementing procedures allowing our attorneys and staff to remotely notarize documents whenever possible. Contact us to learn more about how remote notarization can make it easier, and safer, to accomplish your legal needs.