VirginiaSB3162026 Regular SessionSenateWALLET

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

Sponsored By: T. Travis Hackworth (Republican)

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 HB 163.

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Bill Overview

Analyzed Economic Effects

8 provisions identified: 3 benefits, 1 costs, 4 mixed.

More ways to verify notarization identity

Residents of qualifying assisted living facilities or nursing homes may use specified expired documents to prove identity for notarization. Facilities must be licensed by the Virginia Department of Health or exempt from licensing. Eligible documents include U.S. passport books or cards, foreign passports, and state driver's licenses or identification cards. The document must have expired within five years before use. Remote electronic notarization uses approved audio-video technology with personal knowledge, a credible witness, or at least two listed identity checks.

Prompt recordings and safer closing payments

Settlement agents must record required property documents and pay out settlement proceeds within two business days after closing. They generally cannot release loan funds or other held money before recording. Exceptions cover returned overpayments, recording costs, and payments the fund provider directs through a separate written document. For residential purchases, agents must tell buyers that owner's title insurance is available. Buyers are not required to purchase that coverage, and the law does not set its price.

Less paperwork for eligible notary applicants

Eligible notaries renewing their commissions can leave out the application oath and proof of course completion. They must be in good standing, face no investigation or proceeding, and never have been removed from office. The renewal course still must be completed. The Secretary of the Commonwealth may accept electronic applications. Circuit and district court clerks and deputy clerks do not pay the application fee.

Required fraud training for Virginia notaries

Beginning July 1, 2027, new notary applicants must complete a four-hour approved course and pass a written examination. Both must occur within six months before applying. Applicants renewing a commission must complete a two-hour course within six months before each application. Both courses cover notary law, procedures, and identity checks, including one hour on real-estate fraud and older adults' financial exploitation. The Secretary of the Commonwealth must develop curricula and approval procedures by January 1, 2027. Notary reference materials must include fraud updates and trends; written copies must be available on request.

Electronic land filing with paper fees

Virginia circuit court clerks may accept electronic land records, but paper filing remains allowed. Courts with electronic filing systems may charge up to $5 for each paper-filed record. The fee may be lower or zero and must support the clerk's local operating costs. Electronic systems must follow state technical standards and maintain disaster recovery plans. Clerks may require proof of identity and electronic-filing agreements.

Free property alerts with lawsuit limits

Circuit court clerks with electronic land-record filing systems must provide free property alerts. You can enroll a name or property tax identification number to monitor covered records filed in that court. Alerts include the document number, type, recording date, and the name or tax identification number shown. Covered clerks and localities must also share information about deed fraud and the alert system. People cannot bring civil claims against clerks for setting up, maintaining, or operating these systems.

Seller identity checks with liability limits

Before a property sale closes, the settlement agent must use ordinary care to reasonably verify the seller's identity. Listed methods include identity documents, attorney statements, land-record searches, signature comparisons, credit checks, and detailed property questions. Agents using listed methods are protected from claims arising from their reliance on that information. Protection does not apply if they know the information is false or act with gross negligence or willful misconduct.

Notaries must keep five-year record trails

Consumers gain record trails, while notaries face added recordkeeping and security duties. Records must identify the act, date and time, document, signer and address, identity evidence, witnesses, and fees. Notaries must keep paper-act records dated July 1, 2026, or later for at least five years from the transaction. Electronic records also require at least five years of retention; remote sessions require audio-video recordings and identity-method documentation. To obtain a paper-document seal, notaries must show commission proof; both notaries and seal sellers must retain it at least five years. Electronic systems require integrity safeguards, backups, and disaster recovery; notaries must report lost, stolen, or misused seals or records to law enforcement and the Secretary.

Sponsors & Cosponsors

Sponsor

  • T. Travis Hackworth

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 266 • No: 0

Senate vote • 2/25/2026

House substitute agreed to by Senate

Yes: 40 • No: 0

House vote • 2/23/2026

Passed House with substitute Block Vote

Yes: 97 • No: 0

House vote • 2/18/2026

Reported from Courts of Justice with substitute

Yes: 22 • No: 0

Senate vote • 2/6/2026

Read third time and passed Senate Block Vote

Yes: 40 • No: 0

Senate vote • 2/5/2026

Committee substitute agreed to (Voice Vote)

Yes: 0 • No: 0

Senate vote • 2/4/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 2/4/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 40 • No: 0

Senate vote • 2/3/2026

Reported from Finance and Appropriations

Yes: 13 • No: 0

Senate vote • 1/26/2026

Reported from Courts of Justice with substitute and rereferred to Finance and Appropriations

Yes: 14 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0365)

    4/8/2026Governor
  2. Approved by Governor-Chapter 365 (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

    3/10/2026Senate
  5. Fiscal Impact Statement from Department of Planning and Budget (SB316)

    3/2/2026Senate
  6. Bill text as passed Senate and House (SB316ER)

    2/27/2026Senate
  7. Enrolled

    2/27/2026Senate
  8. Signed by President

    2/27/2026Senate
  9. Signed by Speaker

    2/27/2026House
  10. House substitute agreed to by Senate (40-Y 0-N 0-A)

    2/25/2026Senate
  11. Passed House with substitute Block Vote (97-Y 0-N 0-A)

    2/23/2026House
  12. Engrossed by House - committee substitute

    2/23/2026House
  13. committee substitute agreed to

    2/23/2026House
  14. Read third time

    2/23/2026House
  15. Read second time

    2/20/2026House
  16. Reported from Courts of Justice with substitute (22-Y 0-N)

    2/18/2026House
  17. Committee substitute printed 26108149D-H1

    2/18/2026House
  18. Fiscal Impact Statement from Department of Planning and Budget (SB316)

    2/13/2026Senate
  19. Referred to Committee for Courts of Justice

    2/12/2026House
  20. Read first time

    2/12/2026House
  21. Placed on Calendar

    2/12/2026House
  22. Read third time and passed Senate Block Vote (40-Y 0-N 0-A)

    2/6/2026Senate
  23. Committee substitute agreed to (Voice Vote)

    2/5/2026Senate
  24. Engrossed by Senate - committee substitute Block Vote (Voice Vote)

    2/5/2026Senate
  25. Read second time

    2/5/2026Senate

Bill Text

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