RON RON Interstate Recognition and Compliance 2 — Questions and Answers
Question 1: What is the 'place of notarization' for a RON session, and why does it matter legally?
- The notary's physical location at the time of the session, which determines the applicable state law and the notary's jurisdiction (Correct answer)
- The city where the RON platform's servers are hosted
- The location of the document's subject matter, such as the property address for a real estate deed
- The signer's physical location, which determines which state's law applies
Correct answer: The notary's physical location at the time of the session, which determines the applicable state law and the notary's jurisdiction
The place of notarization is where the notary is physically located during the session, establishing which state's law governs the act and confirming the notary is acting within their commission jurisdiction.
Question 2: Can a U.S.-commissioned notary perform RON for a signer located in a foreign country?
- Some states allow it if the notary is commissioned there and complies with their state's RON law, though additional legal considerations apply (Correct answer)
- No — RON is legally restricted to signers located within U.S. borders
- Yes — all U.S. notaries can notarize for international signers under federal ESIGN authority
- Only notaries with a federal diplomatic commission can serve international signers
Correct answer: Some states allow it if the notary is commissioned there and complies with their state's RON law, though additional legal considerations apply
Some states permit their commissioned notaries to serve signers located internationally, but additional legal considerations — such as whether the foreign country will recognize the notarization and any applicable treaty obligations — must be considered.
Question 3: What is the Hague Apostille Convention and how does it relate to RON documents used internationally?
- An international treaty that simplifies the authentication of public documents for use in member countries, including notarized documents (Correct answer)
- A U.S. federal statute requiring all notarized documents to be translated into French before international use
- A UN agreement that bans electronic notarization for international real estate transactions
- A trade agreement governing electronic commerce between the U.S. and European Union
Correct answer: An international treaty that simplifies the authentication of public documents for use in member countries, including notarized documents
The Hague Apostille Convention provides a simplified process for authenticating notarized documents for use in member countries through an Apostille certificate, though electronic Apostilles (e-Apostilles) for RON documents are an evolving area.
Question 4: What happens if a state amends its RON law after a notarization has already been performed?
- Generally, the validity of a past notarization is determined by the law in effect at the time it was performed, not subsequent amendments (Correct answer)
- All previously notarized documents must be re-notarized to comply with the new law
- The platform must retroactively update all stored notarizations to meet the new requirements
- The new law automatically voids all notarizations performed under the prior law
Correct answer: Generally, the validity of a past notarization is determined by the law in effect at the time it was performed, not subsequent amendments
Legal acts are generally governed by the law in effect at the time they were performed, so a past RON notarization remains valid under the law that existed when it was conducted unless the new law explicitly states otherwise.
Question 5: What is a 'notary signing agent' (NSA) and what additional considerations apply when they perform RON sessions for loan closings?
- A notary specially trained to handle loan document signings who must also comply with lender requirements, title company instructions, and state RON laws (Correct answer)
- A government-appointed notary who exclusively handles interstate document transactions
- A notary who is licensed to practice law in addition to performing notarial acts
- A notary employed directly by the state to supervise other notaries performing RON
Correct answer: A notary specially trained to handle loan document signings who must also comply with lender requirements, title company instructions, and state RON laws
A notary signing agent is a notary with specialized training in loan document signings; when performing RON closings, they must comply with both their state's RON laws and any additional requirements imposed by lenders, title companies, or investors.
Question 6: What does 'investor acceptance' mean in the context of RON mortgage closings?
- Whether secondary market investors like Fannie Mae and Freddie Mac will purchase mortgages closed using RON (Correct answer)
- The willingness of individual home buyers to accept electronic closing documents
- Approval from the state insurance regulator for RON-based title insurance claims
- Confirmation from the homeowner's association that RON-executed deeds are accepted
Correct answer: Whether secondary market investors like Fannie Mae and Freddie Mac will purchase mortgages closed using RON
Investor acceptance refers to whether entities like Fannie Mae and Freddie Mac will purchase loans in the secondary market if they were closed using RON, which is a critical commercial consideration that has driven broader RON adoption.
RON RON Interstate Recognition and Compliance 2
What is the 'place of notarization' for a RON session, and why does it matter legally?