VirginiaSB3162026 Regular SessionSenateWALLET

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

Sponsored By: T. Travis Hackworth (Republican)

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 HB 163.

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 2 benefits, 2 costs, 3 mixed.

Free property alerts for homeowners

Beginning July 1, 2027, any court that offers e-filing must provide a free property alert system. You can enroll your name or tax ID to get notices when a filing affects your property. Alerts must show the instrument number, type, recording date, and the name or tax ID in the filing. Clerks and localities must also share fraud education about deed scams and the alert system using mail, newspapers, websites, or other media.

Stronger ID and records for notaries

Notaries must use a high degree of care to confirm identity. They must keep a log for each notarial act, including date, time, act type, document, principal’s name and address, identity evidence, and any fee. If a video call is used, the electronic notary must keep the recording. Paper notarial records made on or after July 1, 2026 and all electronic notarial records must be kept at least five years. Electronic notaries must keep devices current, control signatures and seals, and report any loss or theft to law enforcement and the Secretary right away.

Notary training and exam required

Beginning July 1, 2027, new notary applicants must take a four-hour course within six months before applying, including one hour on real estate fraud and elder financial exploitation, and pass a written exam. Recommission applicants must take a two-hour course within six months before each recommission, including one hour on the same fraud topics. The Secretary must develop statewide course curricula and approval procedures by January 1, 2027.

Clerks immune for property alert system

Beginning July 1, 2027, you cannot sue the circuit court clerk for acts or failures tied to creating, running, or maintaining the property alert system set up under this law.

Simpler notary applications and commissions

Beginning July 1, 2027, you must pay the notary application fee set in law, submit a complete application and oath, and show proof you finished the required course. Clerks and deputy clerks do not pay the fee. If you are already a notary in good standing, not under investigation, and never removed from office, you can apply for recommission in person, by mail, or online and you do not need to include the oath or course proof. The Secretary issues your commission and sends it to the circuit court you choose; an electronic notary may act once commissioned. To buy a paper seal, you must show proof of commission, and you and the vendor must keep that proof for at least five years. The Secretary provides updated notary guides online and on request in print.

E-filing land records and paper fee

Beginning July 1, 2027, clerks may offer electronic filing for land records. You may be asked to show proof of identity to use e-filing, and paper filing is still allowed. In courts that offer e-filing, the clerk may charge up to $5 per paper instrument filed. Clerks that keep records electronically must also keep a disaster recovery plan to protect those records.

Tighter closing rules to fight fraud

Before closing, settlement agents must use ordinary care to confirm the seller’s identity, using methods like photo IDs, land-record checks, or a credit check. Within two business days after settlement, they must record the deed and related documents and pay out settlement funds. They cannot pay loan funds before recordation except to return overpayments, to fund the recording, or if a provider gave a separate written instruction. In home sales, they must tell buyers about owner’s title insurance. If an agent reasonably relied on the listed identity checks, they are not liable unless they knew the information was false or acted with gross negligence or willful misconduct.

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 7/1/2026)

    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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