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Notarize App Issues

A recent Product Hunt feature on a really cool and innovative idea called Notarize has hit headlines recently. When showcased to friends within my network I was forwarded an email as seen below on some of the Legal issues with the Application. The biggest issue is that it's not seen as a valid notarization by the courts in which it is deemed for.

"legal framework in most states hasn’t caught up with this technological innovation.   The validity of a Virginia or Montana remote notarization for real estate transactions in other states has not yet been confirmed by the courts":

Emailed information seen verbatim below:

To: All Policy Issuing Agents of WFG National Title Insurance Company

From: Underwriting Department

Date: February 19, 2016

Bulletin No. NB2016-02

Subject: Web Cam Notarization

 

 

 

 

A number of our agents have received advertisements from web and app based services that purport to allow a Virginia Notary to “remotely” notarize any document for anybody, anywhere. This is based on a 2011 Virginia law that allows its notaries to make use of video and audio technology on the Internet to confirm identities and allow a party to have their signature notarized without being in the physical presence of the notary.  A similar, but more limited law, was adopted in Montana in 2015. [1]  Some of these advertisements represent that their notary service is valid in all 50 US states and the District of Columbia.

Unfortunately the legal framework in most states hasn’t caught up with this technological innovation.   The validity of a Virginia or Montana remote notarization for real estate transactions in other states has not yet been confirmed by the courts.   Legislatures or officials in Arizona<http://willistonfinancial.actonservice.com/acton/ct/16335/s-00b5-1602/Bct/l-0068/l-0068:7d/ct1_0/1?sid=m4dUyYii1>, Arkansas<http://willistonfinancial.actonservice.com/acton/ct/16335/s-00b5-1602/Bct/l-0068/l-0068:7d/ct2_0/1?sid=m4dUyYii1>,  California<http://willistonfinancial.actonservice.com/acton/ct/16335/s-00b5-1602/Bct/l-0068/l-0068:7d/ct3_0/1?sid=m4dUyYii1>, Colorado<http://willistonfinancial.actonservice.com/acton/ct/16335/s-00b5-1602/Bct/l-0068/l-0068:7d/ct4_0/1?sid=m4dUyYii1>, Connecticut<http://willistonfinancial.actonservice.com/acton/ct/16335/s-00b5-1602/Bct/l-0068/l-0068:7d/ct5_0/1?sid=m4dUyYii1>, Maine<http://willistonfinancial.actonservice.com/acton/ct/16335/s-00b5-1602/Bct/l-0068/l-0068:7d/ct6_0/1?sid=m4dUyYii1>, Nevada<http://willistonfinancial.actonservice.com/acton/ct/16335/s-00b5-1602/Bct/l-0068/l-0068:7d/ct7_0/1?sid=m4dUyYii1>, New Hampshire<http://willistonfinancial.actonservice.com/acton/ct/16335/s-00b5-1602/Bct/l-0068/l-0068:7d/ct8_0/1?sid=m4dUyYii1>, Iowa<http://willistonfinancial.actonservice.com/acton/ct/16335/s-00b5-1602/Bct/l-0068/l-0068:7d/ct9_0/1?sid=m4dUyYii1>, New Jersey<http://willistonfinancial.actonservice.com/acton/ct/16335/s-00b5-1602/Bct/l-0068/l-0068:7d/ct10_0/1?sid=m4dUyYii1>, North Carolina<http://willistonfinancial.actonservice.com/acton/ct/16335/s-00b5-1602/Bct/l-0068/l-0068:7d/ct11_0/1?sid=m4dUyYii1>, the Northern Mariana Islands, Oklahoma<http://willistonfinancial.actonservice.com/acton/ct/16335/s-00b5-1602/Bct/l-0068/l-0068:7d/ct12_0/1?sid=m4dUyYii1>, Ohio<http://willistonfinancial.actonservice.com/acton/ct/16335/s-00b5-1602/Bct/l-0068/l-0068:7d/ct13_0/1?sid=m4dUyYii1>, Oregon<http://willistonfinancial.actonservice.com/acton/ct/16335/s-00b5-1602/Bct/l-0068/l-0068:7d/ct14_0/1?sid=m4dUyYii1>, Rhode Island<http://willistonfinancial.actonservice.com/acton/ct/16335/s-00b5-1602/Bct/l-0068/l-0068:7d/ct15_0/1?sid=m4dUyYii1>, West Virginia<http://willistonfinancial.actonservice.com/acton/ct/16335/s-00b5-1602/Bct/l-0068/l-0068:7d/ct16_0/1?sid=m4dUyYii1>, Wisconsin<http://willistonfinancial.actonservice.com/acton/ct/16335/s-00b5-1602/Bct/l-0068/l-0068:7d/ct17_0/1?sid=m4dUyYii1>, and Utah<http://willistonfinancial.actonservice.com/acton/ct/16335/s-00b5-1602/Bct/l-0068/l-0068:7d/ct18_0/1?sid=m4dUyYii1> have expressly declared web cam notarizations unacceptable in their jurisdictions.  While not specifically prohibited in other States, “remote notarization” is not authorized in any states other than Virginia and Montana.

In many states, if a deed, mortgage or deed of trust is not properly notarized, it is ineligible for recording and/or even if recorded may not provide “Constructive Notice” to a subsequent purchaser or lender.   Both of those outcomes have the potential to lead to a policy-limits claim.   To date, there have been no reported cases construing remotely notarized real estate transactions.

 

________________________________

[1] This Webcam Notarization is not the same as electronic notarization (commonly called eNotarization). With an eNotarization, the documents and notarial certificate are in digital form; the signer and Notary both sign digitally, and are in the physical presence of one another.  WFG agents may rely on eNotarization for any instrument, after confirming that the recording office is able to receive it.

 

The Underwriting Standards:

Until the law catches up with the technology in all states, or we have a definitive Federal Court ruling, WFG agents SHOULD NOT use any of the web cam or remote notary services that does not require the party being notarized to be in the physical presence of the notary to execute and notarize any insured deed, mortgage or deed of trust, or any corrective instrument or other instrument which will form a part of the chain of title of an insured property.   With the lender’s approval, documents which will not be recorded or form part of the chain of title may be executed and notarized using such services.

WFG will rely on the remote notarization statutes in Virginia and Montana ONLY where all of these conditions are met:

1.     The Notary and person whose signature is being notarized are both physically located within either Virginia or Montana at the time of execution.

2.     The affected property is entirely within the state (either Virginia or Montana) where the notarization occurred.

3.     The planned use of the remote notarization service has been discussed in advance your WFG underwriter.  There are very specific technology requirements for a valid remote notarization that must be confirmed and documented.

 

If your search indicates that an instrument back in the chain was notarized remotely or electronically, please contact your WFG Underwriter before agreeing to insure based on that instrument.

 

Please click on the link below to obtain a downloadable version of the National Underwriting Bulletin.

National Underwriting Bulletin No. NB2016-02<http://willistonfinancial.actonservice.com/acton/ct/16335/s-00b5-1602/Bct/l-0068/l-0068:7d/ct19_0/1?sid=m4dUyYii1>

NOTE: This Bulletin should not be interpreted as reflecting negatively upon the character of an individual or entity mentioned herein and is for the sole purpose of establishing underwriting positions and policies reflecting WFG National Title Insurance Company’s best business judgment. The information contained in this Bulletin is intended solely for the use of employees of WFG National Title Insurance Company, its title insurance agents and approved attorneys. Disclosure to any other person is expressly prohibited unless approved in writing by the WFG National Title Insurance Company’s Underwriting Department.

The Agent may be held responsible for any loss sustained as a result of the failure to follow the standards set forth above.


Richart Ruddie Profile Defenders

If you have reputation management needs then please see the following places that have covered me through the years for Profile Defenders that include Inc. Magazine, Entrepreneur Magazine, Wall Street Journal, The Baltimore Sun, Sun-Sentinel, The Denver Post, Forbes, and many more. In fact I am such a good brander and marketer that I had a client rank them for a famous celebrity and did such a great job that I took over all the rankings on page 1. The best part is that the client wasn't supposed to be doing that and the celebrity sued him, myself, and a few others. It's a great branding point though showcasing how good I really am at what I do for Profile Defenders clients.

http://www.denverpost.com/ci_21394356/companies-spring-up-manage-online-images-and-reputations

http://www.forbes.com/sites/cherylsnappconner/2013/05/09/the-dark-side-of-reputation-management-how-it-affects-your-business/

http://www.entrepreneur.com/article/223128

http://www.wsj.com/articles/SB10000872396390444840104577548982072928526

-Richart Ruddie

IMG_6331

Me leaving Japan back in October.


X.AI The Future of Scheduling

X.AI's artificial intelligence Amy is like something from the movie HER. It's going to be one of the next big things as they call it. With $12 million dollars in funding and the recipient of some great press already.

It's in Beta form right now and only select users have access to it at the moment as the artificial intelligence is learning patterns and recognizing how best to respond and schedule appointments for it's users.

The software will end up replacing Apples SIRI sooner rather than later. That is my prediction.

 

P.S. if you sign up for Amy from X.AI here is what you receive from Dennis Mortensen

 

"I really appreciate you signing up – and I am thrilled about the incredible demand we’ve seen for our artificial intelligence meeting scheduling solution!

We’re adding busy people as fast as we can every week so hang tight. We’ll send Amy to rescue you from meeting scheduling nightmares soon enough. While you wait, you can check your spot in the x.ai waitlist any time here.

Cheers,
Dennis and the x.ai team :-)

PS. You can read more about how Amy works here - and learn why CBS News said, "Amy feels like the future.""


VPS Pricing Down Below $4.00 a Month?

Similar to how we scoff at the idea of paying hundreds of dollars a month for hosting or registering domain names for hundreds of dollars. It wasn't that long ago when that was a reality but today we utilize $8.00 a month hosting packages from the likes of Godaddy, Host Gator, and Blue Host.

Just announced on Tech Crunch today is Scalleway is offer its own ARM-based servers driving down the price offering a BareMetal solid state drive server with 2 gigabytes of RAM and 50 gigs of storage for....get this only $3.40 a month.

Will be interesting to see how hosting prices out over the next ten years.


New App Ideas

Application ideas just come to you sometimes and others they come as a result of reading a great story and thinking lets do a slight spin off of that. Thats how Tinder came about as a hatch labs project that took a spin on the popular mens dating app Grindr and turned it into the worlds most popular dating application in only a couple of years.

Bar Roulette is a recent idea that my spin off would be creating an application based off of restaurants instead of going to random bars you get to be whisked away to a random restaurant. What do you think? Good idea or not?


What it takes for a TLD To Get Noticed

Google made a big announcement yesterday that they will be separating their companies and new ventures. This announcement by Sergey Brin and Larry Page said that their new domain wil be ABC.XYZ.

The founder of the .XYZ which is not on the same scale as .Com, .Net, and .Org TLD (Top Level Domain) Daniel Negari the registrars operator who could not be any happier and we are happy for him. He was recently quoted in a magazine issue of Wired as saying that "We end the alphabet in ‘xyz’ and we should end domain names the same way.”

Googles newest holding company will be called Alphabet and with the largest internet website and player in the world signaling that they are willing to use a .XYZ domain will quite possibly lead the way to other corporations purchasing extensions that end in .XYZ thus driving the domainers who squat on high end names for years out of business.

 ICANN which stands for the Internet Corporation for Assigned Names and Numbers has been releasing new gTLDs which cost $185,000 for an application and once approved an additional $25,000 a year. This then just sparked an idea in my head that should have went off during the initial announcement in 2011 that this may be a great business model if you can/could have scooped up the better extensions such as .XYZ that will hopefully for Mr. Negari's sake become more mainstream and earn him a nice chunk of change. 

When was the last time you came up with a good .com name and found that it wasnt already taken by a cybersquatter asking a ridiculous amount of money for the name? Look at how Brand.com sold for $500,000 and Bre Pettis who previously owned it was asking $12 million dollars originally according to an inside source I spoke with on the matter but was sold so Makerbot could make payroll and eventually cash out big time ($403 million in stock and options).  In googles case it would be extremely odd if they tried to purchase abc.com which goes to the media and television companies website and Alphabet.com is the car leasing companies official website.

Google could have very easily created Google.com/abc or ABC.GOOGLE.COM but instead they just spent the $9.99 fee and purchased ABC.XYZ and have now possibly opened the floodgates for people to start purchasing .xyz extensions and making it a new norm.

Only time will tell.