VirginiaHB1632026 Regular SessionHouseWALLET

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

Sponsored By: Marcus B. Simon (Democratic)

Signed by Governor

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.

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Bill Overview

Analyzed Economic Effects

11 provisions identified: 6 benefits, 5 costs, 0 mixed.

Court clerks avoid notary application fees

Beginning July 1, 2027, circuit and district court clerks and deputy clerks pay no notary application fee. The waiver covers applications for both regular and electronic notary commissions.

Notaries gain more renewal filing options

Beginning July 1, 2027, notaries and electronic notaries can submit renewal applications in person, by first-class mail, or online. Online applications must include an electronic signature authorized under Virginia’s electronic transaction law.

Free filing alerts for property owners

Beginning July 1, 2027, circuit courts with electronic land-record filing systems must provide free property alerts. Individuals can enroll property whose records are filed there, or enroll their name or tax identification number. Alerts report filings affecting enrolled property or containing an enrolled name or tax number. Each alert lists the document number, type, recording date, and name or tax number in the document. Clerks and localities must also share information about deed fraud and the alert service.

Notarizations require clear identity checks

Notaries must verify a person’s identity unless they know that person personally. Accepted evidence includes approved unexpired photo identification or credible witnesses meeting the law’s requirements. Assisted-living and nursing-home residents can use listed documents that expired within the previous five years. Electronic notarizations require live video and audio communication. Identity must be established through personal knowledge, a qualifying credible witness, or at least two approved verification methods.

Home closings require checks and deadlines

Settlement agents must use ordinary care to reasonably verify the seller’s identity before a real estate sale closes. Agents must record required documents and pay out settlement money within two business days after settlement. Before recording, payouts are limited to overpayment refunds, costs needed for recording, or the fund provider’s separate written direction. For residential property transactions, agents must tell purchasers that owner’s title insurance is available. Purchasers do not have to buy it.

Clerks must protect electronic property records

Circuit court clerks must keep disaster recovery plans for electronic land records in their care. These plans support recovery of records used to document property ownership.

Notaries must keep records and proof

Notaries must protect records of their acts and make them available for lawful inspection. Electronic-act records must be kept for at least five years, as must paper-act records for transactions from July 1, 2026. Electronic notaries must keep recordings used to verify identity and take reasonable steps to secure and back up electronic records. Beginning July 1, 2027, notaries must show commission proof when obtaining a seal for paper documents. Both the notary and seal seller or manufacturer must keep that proof for at least five years.

Property alert lawsuits against clerks barred

Beginning July 1, 2027, individuals cannot bring civil claims against circuit court clerks over the property-alert system. The protection covers acts or failures involving the system’s setup, maintenance, or operation.

Closing agents gain limited liability protection

Settlement agents are protected from liability for acts or failures resulting from reliance on seller identity information checked through authorized methods. The protection covers proceeding with settlement and recording documents. It does not apply when agents actually know the information is false. It also does not cover gross negligence or willful misconduct.

Paper property filings can cost more

Beginning July 1, 2027, circuit court clerks with electronic land-record filing systems can charge for paper filings. The optional fee is capped at $5 per document. Paper filings remain valid. Fee money stays in the clerk’s local fund, does not expire, and pays only for operating costs.

Notaries face new training and tests

Beginning July 1, 2027, first-time notary and electronic-notary applicants must complete a four-hour approved course and pass a written test. Each renewal requires a two-hour course; both courses must be completed within six months before applying. Each course includes one hour on real estate fraud and financial exploitation of older people. The Secretary of the Commonwealth must develop curricula and course-approval procedures by January 1, 2027. The Secretary must also prepare notary reference materials with fraud updates, with paper copies available on request.

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

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 2/26/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 40 • 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 - Chapter 364 (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

Related Bills

Back to State Legislation