I am not sure this will go through, but here is what is on the horizon. There are many issues that arise that no one is addressing. I would suggest talking to
the Secretary of State since there is a movement for remote notaries. Tim Garten addressed this in past listserves. I believe our legislative committee should look into this.
Dean Hoag
Peoples Abstract Company
Direct: 515-661-5251
Mobile: 402-326-9130
From: realestate-owner@iabar.org [mailto:realestate-owner@iabar.org]
On Behalf Of Eugene Olson
Sent: Thursday, December 28, 2017 11:14 AM
To: realestate@iabar.org
Subject: RE: [ISBA RealEstate] Electronic Signature on Deed
Also see 15 U.S.C. ch. 96 (Electronic Signatures in Global and National Commerce Act) governing interstate commerce where the general intent of Congress is stated that a signature may not be denied legal effect,
validity, or enforceability solely because it is in electronic form.
Eugene E. Olson
LILLIS O'MALLEY OLSON MANNING POSE TEMPLEMAN, LLP
317 Sixth Avenue, Suite 300
Des Moines, IA 50309
Phone: 515/243-8157 Fax: 515/243-3919
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From:
realestate-owner@iabar.org [mailto:realestate-owner@iabar.org]
On Behalf Of Rick
Sent: Thursday, December 28, 2017 10:59 AM
To: realestate@iabar.org
Subject: Re: [ISBA RealEstate] Electronic Signature on Deed
Interesting discussion on which to end the year.
For some guidance see the 2007 opinion of the Attorney General of Michigan:
It is my opinion, therefore, that a county Register of Deeds may, but is not required to, accept and record documents affecting title that are part of a transaction "between two or more persons relating to
the conduct of business, commercial or government affairs" in electronic format and bearing electronic signatures, consistent with the Uniform Electronic Transactions Act. A document recorded with respect to these "transactions" provides notice against grantees
in subsequent recorded conveyances notwithstanding that the document was submitted in electronic format and was executed and acknowledged with electronic signatures. The Uniform Electronic Transactions Act does not require a record or signature to be in electronic
form and only applies to transactions where each party has agreed to conduct the transaction by electronic means.
MIKE COX
Attorney General
On 12/28/2017 10:41 AM, Eugene Olson wrote:
See Chapter 554D for guidance.
Eugene E. Olson
LILLIS O'MALLEY OLSON MANNING POSE TEMPLEMAN, LLP
317 Sixth Avenue, Suite 300
Des Moines, IA 50309
Phone: 515/243-8157 Fax: 515/243-3919
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This message and accompanying documents are covered by the Electronic Communications Privacy Act, 18 U.S.C. § 2510-2521, and contain information intended for the specified individual(s) only. This information is confidential. If you are not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, copying, or the taking of any action based on the contents of this information is strictly prohibited. If you have received this communication in error, please notify us immediately by e-mail, and delete the original message.
From: realestate-owner@iabar.org [mailto:realestate-owner@iabar.org] On Behalf Of Mark Gray
Sent: Thursday, December 28, 2017 10:20 AM
To: realestate@iabar.org
Subject: RE: [ISBA RealEstate] Electronic Signature on Deed
Unless the Notary statute allows electronic signatures, I don’t know how you can use them.
Mark R. Gray, Esq.
Gray, Hodges & Associates, PLC
416 SW 3rd Street
Ankeny, IA 50023-3040
(p) 515.964.3633 | (f) 515.964.3692
gray@grayhodgeslaw.com **NEW
From: realestate-owner@iabar.org [mailto:realestate-owner@iabar.org] On Behalf Of Kristina Gigstad
Sent: Tuesday, December 26, 2017 5:28 PM
To: realestate@iabar.org
Subject: RE: [ISBA RealEstate] Electronic Signature on Deed
I never saw any responses regarding electronic signatures. If anyone has any information on the use of electronic signatures, and guidelines for notarization when electronic signatures like Dot Loop are used, I would greatly appreciate it. I have been seeing this done more frequently amongst my realtor clients and want to make sure they are setting up proper procedures so we don’t have any problems.
Thank you,
Kristina M. Gigstad
Gigstad Law Office, PLC
Office: 900 Lake Street
Mailing: 3717 Keokuk Ave.
Spirit Lake, IA 51360
Telephone: 712-330-5642
Fax: 866-893-2758
From: realestate-owner@iabar.org <realestate-owner@iabar.org> on behalf of Jennifer Bennett Finn <realestate@iabar.org>
Sent: Wednesday, December 20, 2017 5:12:24 PM
To: realestate@iabar.org
Subject: [ISBA RealEstate] Electronic Signature on Deed
Are electronic signatures allowed on deeds? I am reviewing an abstract and saw one. If so, what are the rules for notarization if the signature is electronic? Thanks.
Jennifer Bennett Finn
Pelzer Law Firm, LLC
113 N. 6th Street
Estherville, IA 51334
Telephone: (712)362-7266
Fax: (712) 362-7267
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