VirginiaHB1632026 Regular SessionHouseWALLET

Notarization, filing, & recordation of certain land records; duties of notary or settlement agent.

Sponsored By: Marcus B. Simon (Democratic)

Became Law

Summary

Notarization, filing, and recordation of certain land records; duties of notary or settlement agent; acknowledgement and satisfactory evidence of identity; requirements for commission or recommission of notary; clerk of circuit court to establish property alert notification system. Removes personal knowledge of identity from the methods by which a notary public, electronic notary public, or other person authorized by law to perform a notarial act may identify an individual for purposes of performing a notarial act such as acknowledgement or affirmation. Under current law, the identity of an individual for such purpose may be established if such individual is personally known to the person performing the notarial act or by a presentation of satisfactory evidence of identity, as defined by law. The bill also adds a requirement that, within the six months immediately preceding the submission of his application, a person applying for commission to be a notary public or electronic notary public, or an existing notary public or electronic notary public applying for recommission, complete a course of instruction developed and approved by the Secretary of the Commonwealth. The bill specifies that one hour of such course of instruction shall be on the topic of real estate fraud and financial exploitation of elderly persons and shall include training on current trends on such topics and on recognizing instances of such fraud or financial exploitation. The bill directs the Secretary of the Commonwealth to develop the curricula for such courses of instruction by January 1, 2027, and has a delayed effective date of July 1, 2027, for those provisions related to the requirement that applicants for commission and recommission complete and present proof of completion of such courses of instruction. The bill also requires any clerk of a circuit court that has established a network or system of electronic filing of land records to also establish a property alert notification system for owners of real property within the circuit court's jurisdiction. The bill provides that an owner who enrolls his real property into such property alert notification system may do so at no cost and that such system shall send notifications to such owner when documents affecting or purporting to affect the enrolled property are filed with the clerk's office. The provisions related to the establishment of the property alert notification system have a delayed effective date of July 1, 2027. Finally, the bill requires notaries public to keep a record of all notarial acts occurring on or after July 1, 2026, and to include in such record the form of satisfactory evidence of identification used to verify the identity of the principal and credible witnesses. Similarly, the bill requires settlement agents responsible for recording deeds, deeds of trust, or other documents relating to land records to obtain satisfactory evidence of identity of a seller of real property prior to settlement. This bill is identical to SB 316.

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 1 benefits, 1 costs, 4 mixed.

Stronger home closing checks and timelines

Before closing, the settlement agent must use ordinary care to confirm the seller’s identity. Acceptable checks include multiple photo IDs, a lawyer’s statement, land‑record review, signature comparison, credit checks, or detailed property questions. The agent must record the deed and other required papers and disburse funds within two business days. They may not pay loan funds before recordation, except to return overpayments, pay recording costs, or follow a separate written direction from the fund provider. In home sales, the agent must tell buyers that owner’s title insurance is available. If the agent used the listed checks and did not act with gross negligence or willful misconduct, the agent is not liable for relying on that information.

Easier notary applications and renewals

Beginning July 1, 2027, the Secretary may accept notary applications and renewals online with valid electronic signatures. When a complete application, fee, and proof of training arrive, the Secretary issues and numbers the commission, sends it to the circuit court clerk, and notifies the applicant. An electronic notary may act as a full notary once commissioned. Recommissioners in good standing, not under investigation, and never removed from office may skip the oath and proof‑of‑course in the application. Starting July 1, 2027, clerks and deputy clerks of circuit or district courts do not pay the notary application fee.

Required notary training and exam

Beginning July 1, 2027, new notary and electronic notary applicants must finish a four‑hour course within six months before applying and pass a written exam. At least one hour covers real estate fraud and elder financial exploitation. Recommissioning notaries must complete a two‑hour refresher within six months before each application, including one hour on real estate fraud. The Secretary sets the official course materials and approval process by January 1, 2027.

Remote notarization with stricter ID checks

The law allows remote notarization by live audio‑video when the signer’s identity is confirmed. Identity can be confirmed by personal knowledge, a credible witness, or by two methods such as credential analysis of an unexpired photo ID, prior in‑person proofing that meets federal specs, an approved proofing method, a secure digital certificate or PIV card, or a knowledge‑based quiz. The identity quiz must have at least five questions with five choices each, a two‑minute time limit, an 80% passing score, up to two retakes within 48 hours, and no more than 60% repeated questions on retakes.

Free property alerts and $5 paper fee

Beginning July 1, 2027, circuit court clerks may offer online filing for land records. Paper filing still works, but in circuits with online filing, clerks may charge up to $5 per paper instrument. Clerks who keep electronic records must have a disaster‑recovery plan. Clerks with online filing must offer a free property‑alert signup by name or property tax ID and send alerts when related documents are recorded. Alerts include the instrument number, type, recording date, and the enrolled name or tax ID. Clerks and localities must share deed‑fraud education and promote the alert system. Clerks are immune from civil lawsuits over how the alert system is set up or run.

Notaries must keep logs and backups

Notaries must use reasonable care to verify identity and keep a detailed journal for each act. If ID was checked by video call, electronic notaries must keep the recording and note any other IDs used. Notaries must protect records, signatures, and seals, keep backups, and report loss or theft to law enforcement and the Secretary right away. Records for notarial acts on or after July 1, 2026 must be kept at least five years. A notary and the seal vendor must also keep proof of the commission for at least five years.

Sponsors & Cosponsors

Sponsor

  • Marcus B. Simon

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 233 • No: 0

Senate vote 2/27/2026

Passed Senate Block Vote

Yes: 37 • No: 0

Senate vote 2/26/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • No: 0

Senate vote 2/26/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote 2/25/2026

Reported from Finance and Appropriations

Yes: 15 • No: 0

Senate vote 2/18/2026

Reported from Courts of Justice and rereferred to Finance and Appropriations

Yes: 14 • No: 0

House vote 2/3/2026

Read third time and passed House Block Vote

Yes: 98 • No: 0

House vote 1/28/2026

Reported from Courts of Justice with substitute

Yes: 19 • No: 0

House vote 1/21/2026

Subcommittee recommends reporting with substitute

Yes: 10 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0364)

    4/8/2026Governor
  2. Approved by Governor-Chapter364 (Effective - see bill)

    4/8/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/10/2026Governor
  4. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026House
  5. Fiscal Impact Statement from Department of Planning and Budget (HB163)

    3/4/2026House
  6. Bill text as passed House and Senate (HB163ER)

    3/4/2026House
  7. Enrolled

    3/4/2026House
  8. Signed by President

    3/4/2026Senate
  9. Signed by Speaker

    3/4/2026House
  10. Passed Senate Block Vote (37-Y 0-N 0-A)

    2/27/2026Senate
  11. Read third time

    2/27/2026Senate
  12. Passed by for the day Block Vote (Voice Vote)

    2/26/2026Senate
  13. Constitutional reading dispensed Block Vote (on 2nd reading) (40-Y 0-N 0-A)

    2/26/2026Senate
  14. Rules suspended

    2/26/2026Senate
  15. Reported from Finance and Appropriations (15-Y 0-N)

    2/25/2026Senate
  16. Reported from Courts of Justice and rereferred to Finance and Appropriations (14-Y 0-N)

    2/18/2026Senate
  17. Fiscal Impact Statement from Department of Planning and Budget (HB163)

    2/6/2026House
  18. Referred to Committee for Courts of Justice

    2/4/2026Senate
  19. Constitutional reading dispensed (on 1st reading)

    2/4/2026Senate
  20. Read third time and passed House Block Vote (98-Y 0-N 0-A)

    2/3/2026House
  21. Engrossed by House - committee substitute

    2/2/2026House
  22. committee substitute agreed to

    2/2/2026House
  23. Read second time

    2/2/2026House
  24. Read first time

    1/30/2026House
  25. Fiscal Impact Statement from Department of Planning and Budget (HB163)

    1/28/2026House

Bill Text

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