News: Interstate Recognition of Notarizations Act

On October 9, 2010, in Foreclosure, Message/News Board, by Robbie L. Vaughn, Esq.

There has been recent debate over the Interstate Recognition of Notarizations Act which was quietly passed by the U.S. House and Senate, but was pocket vetoed by President Obama.

This bill would require “any Federal or State court to recognize any notarization made by a notary public licensed by a State other than the State where the court is located when such notarization occurs in or affects interstate commerce.”

Many foreclosure defense attorneys challenge the legitimacy of documents presented to the court based on the notarization of  the documents. Thus, it appears that this bill, if signed into law, would make it much more difficult to challenge the authenticity of documents based on their notarization.

The Bill:

H.R.3808 — Interstate Recognition of Notarizations Act of 2010 (Enrolled Bill [Final as Passed Both House and Senate] – ENR)

–H.R.3808–

H.R.3808

One Hundred Eleventh Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the fifth day of January, two thousand and ten

An Act

To require any Federal or State court to recognize any notarization made by a notary public licensed by a State other than the State where the court is located when such notarization occurs in or affects interstate commerce.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the `Interstate Recognition of Notarizations Act of 2010′.

SEC. 2. RECOGNITION OF NOTARIZATIONS IN FEDERAL COURTS.

    Each Federal court shall recognize any lawful notarization made by a notary public licensed or commissioned under the laws of a State other than the State where the Federal court is located if–
    • (1) such notarization occurs in or affects interstate commerce; and
    • (2)(A) a seal of office, as symbol of the notary public’s authority, is used in the notarization; or
    • (B) in the case of an electronic record, the seal information is securely attached to, or logically associated with, the electronic record so as to render the record tamper-resistant.

SEC. 3. RECOGNITION OF NOTARIZATIONS IN STATE COURTS.

    Each court that operates under the jurisdiction of a State shall recognize any lawful notarization made by a notary public licensed or commissioned under the laws of a State other than the State where the court is located if–
    • (1) such notarization occurs in or affects interstate commerce; and
    • (2)(A) a seal of office, as symbol of the notary public’s authority, is used in the notarization; or
    • (B) in the case of an electronic record, the seal information is securely attached to, or logically associated with, the electronic record so as to render the record tamper-resistant.

SEC. 4. DEFINITIONS.

    In this Act:
    • (1) ELECTRONIC RECORD- The term `electronic record’ has the meaning given that term in section 106 of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7006).
    • (2) LOGICALLY ASSOCIATED WITH- Seal information is `logically associated with’ an electronic record if the seal information is securely bound to the electronic record in such a manner as to make it impracticable to falsify or alter, without detection, either the record or the seal information.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.

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