Forgot Password? | Print Page | Sign In | Create User Profile
CLTA's Title Industry Coronavirus Resource Page

  

Coronavirus  - Title Industry Resource Page

(as of June 16, 2020, 3:45pm)

On this page...

 

CLTA's Podcast:  Recording in a Pandemic

Listen to CLTA's Executive Vice President and Counsel, Craig Page, for a quick update on RON in California.  Then, hear Chris Stephan, Senior Vice President with eRecording Partners Network (ePN) ask County Recorders in Alameda, Los Angeles and San Diego how they are handling recordation of documents during this Pandemic.

 

How Each County Recorder is Handling Recordation during Crisis: 

The list below is of country recorder offices and how they are dealing with the coronavirus quarantines and governmental proclamations.

A good rule of thumb for all counties as of today is that those counties that allow eRecording are closed to the public and are accepting e-Recordings via drop box. Expect large delays in recording due to limited staff. Paper counties are most likely “mail-in” only, and in-person is available upon scheduling appointments.

NOTE: The information above is changing FREQUENTLY and we suggest you contact your local County Recorder for further information and updates. If you see information below that is inaccurate or has changed, please provide that information to Heather Starkey at hs@clta.org.

County Recorder Acceptance Policies on Electronic/Remote Online Documents during Crisis:

 

Commercial E-Recording Warning:

It has come to our attention that some county recorder offices may not be able to E-Record large files associated with commercial transactions. Large packages (i.e. with 20 + documents, 200 + pages) handled in paper today, could be a problem with some county recorders who have limited MB size limitations and bandwidth issues.  We strongly advise you to contact your county recorder directly for guidance with this issue.  See downloadable excel listing of all California County Recorders contact information above.

 

“Essential” Designation for County Recorders, and others:

 

CLTA, Trade Associations Issue Letter to Gov. Newsom Requesting Issuance of Executive Order on Notarization in California:

A coalition of trade associations led by the California Land Title Association sent a letter to Governor Newsom in early April respectfully requesting the issuance of an executive order expressly providing or affirming that California law recognizes the validity of documents legally remotely notarized outside the state. In order to ensure uniform acceptance and recording of documents by all 58 counties, the letter also requests that the Governor mandate the recording of such documents, whether electronically or via a “papering out” process, by county recorder offices across the state.

 

eMortgage Vendors, including Remote Online Notarization (RON) Vendors, listed on the Government-Sponsored Enterprises (GSEs) website:

In response to the COVID-19 pandemic, Fannie Mae and Freddie Mac have provided temporary guidance on several policy areas to support mortgage originations, including power of attorney and acceptance of remote online notarization. New guidance also addresses closing protection letters.

March 31, Fannie Mae and Freddie Mac issued above updated Selling Guidance, including temporary requirements for remote online notarization (RON) and powers of attorney (POA).

Fannie Mae and Freddie Mac have made available lists of their approved vendors for systems supporting eMortgages, including vendors providing remote online notarization (RON) services, as seen below in order “to save time for Seller/Servicers seeking to get approved to do eMortgage business with Freddie Mac.”

Please note that the above links contain lists of vendors for various eMortgage support systems. The following vendors have been identified within the above lists as providing remote online notarization (RON) services.

If you are aware of additional vendors within the above GSE-approved lists that provide RON services that we have not excerpted above, please contact us.

 

Federal Legislation to Authorize Remote Online Notarization Nationwide - SECURE Act:

In March, bipartisan legislation was introduced that would allow immediate nationwide use of RON in response to the outbreak of COVID-19. Entitled the Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2020 (SECURE), the federal bill would authorize every notary in the United State to perform RONs, require tamper-evident technology in electronic notarizations and provide fraud prevention through the use of multifactor authentication. A companion bill, H.R. 6364, has also been introduced in the House of Representatives.

A coalition of national and state trade associations including those representing the title industry, realtors, and mortgage bankers are in support of the bills, lobbying for a federal RON provision to be attached to upcoming COVID-19 stimulus bill(s). Copies of coalition support letters are listed below.

 

New CAR Form to Address Closing Date Issues:

The form, entitled the Coronavirus Addendum/Amendment (Form CVA) and drafted without input from the California Land Title Association, is intended for use when circumstances relating to the coronavirus affect the closing date of a real property transaction and allows buyers and sellers to agree to extend escrow for a default period of 30 days.

While the form purports to allow either party to unilaterally cancel the purchase agreement upon expiration of the agreed upon extension, title companies will nevertheless still require mutual instructions from the parties in order to facilitate such a cancellation, and the form therefore does not take the place of mutual escrow instructions.

In addition, the form contains several optional clauses. The first optional clause states that the buyer and seller can mutually agree to cancel the agreement, while an additional optional clause allows a buyer and seller to cancel the agreement after removing a loan contingency if the inability to fund is caused by a loss of income related to COVID-19.

 

Other Resources:

  • ALTA Recorded Webinar:  How Your Business Can Access Financial Assistance Due to COVID-19 Pandemic (recorded April 7, 2020)

 

California News on COVID-19?:

 

California Land Title Association


1215 K Street #1816 Sacramento, CA 95814-3905
Email: mail@clta.org  |  Phone: 916-444-2647  |   Fax: 916-444-2851