Document Updates: Texas Notarial Certificates for Ink, IPEN & RON

On May 27, 2023, Governor Greg Abbott approved Texas Senate Bill 1780 which amends V.T.C.A., Government Code § 406.110(d) by adding the following new language in bold:

“The notarial certificate for an online notarization must include a notation that the notarization is an online notarization and must indicate if the signature was a tangible symbol or an electronic signature.”

This new provision went into effect on January 1, 2024.

Docutech has audited documents which print Texas notarial certificates and has updated them to be consistent in the following manner per: 1) V.T.C.A., Civil Practice & Remedies Code § 121.008(b)(1); 2) V.T.C.A., Government Code § 406.110(d); 3) Texas Secretary of State Samples of Notarial Certificates; and 4) Texas Secretary of State Sample Forms for Online Notarization:

Ink Acknowledgment

This instrument was acknowledged before me on this _____ day of __________, _____, by (name or names of person or persons acknowledging).

IPEN Acknowledgment

This instrument was acknowledged before me on this _____ day of __________, _____, by (name or names of person or persons acknowledging). This notarial act was an electronic notarization, and the signature notarized was an electronic signature.

RON Acknowledgment

This instrument was acknowledged before me by means of an interactive two-way audio and video communication on this _____ day of __________, _____, by (name or names of person or persons acknowledging). This notarial act was an online notarization, and the signature notarized was an electronic signature.

Ink Jurat

Sworn to and subscribed before me on this _____ day of __________, _____, by (insert name of signing party).

IPEN Jurat

Sworn to and subscribed before me on this _____ day of __________, _____, by (insert name of signing party). This notarial act was an electronic notarization, and the signature notarized was an electronic signature.

RON Jurat

Sworn to and subscribed before me by means of an interactive two-way audio and video communication on this _____ day of __________, _____, by (insert name of signing party). This notarial act was an online notarization, and the signature notarized was an electronic signature.

The documents that have been updated are:

Cx4          Compliance Agreement
Cx15        Occupancy Statement
Cx43        Manufactured Home Affixation Affidavit
Cx352      TX Deed of Trust
Cx510      TX Deed of Trust Second
Cx865      Signature/Name Affidavit
Cx1549    TX Assignment of Deed of Trust
Cx1701     Loan Modification Agreement – Fixed
Cx3442    TX Home Equity 3185 Affidavit and Agreement
Cx3684    TX Affidavit of Reasonable Costs on Homestead Property Refinance
Cx4284    TX Renewal and Extension Exhibit
Cx4349    TX Assignment from MERS
Cx4487    TX Assignment – INV BLANK
Cx4888    Loan Modification Agreement – ARM
Cx5008    TX Owner’s Affidavit of Compliance
Cx5010     TX Home Equity Owner’s Affidavit Acknowledging Lender’s Compliance
Cx6178      TX Home Equity 3044.1 Deed of Trust
Cx6179      TX Home Equity Second Deed of Trust
Cx6874      Manufactured Home Limited Power of Attorney
Cx7965      Signature/Name Affidavit (NPE)
Cx9421      TX Home Equity Plain Language Closed End 2nd Security Instrument
Cx9423      TX Plain Language 2nd Purchase Money Closed End Security Instrument
Cx10514     Loan Modification Agreement – ARM
Cx10515     Loan Modification Agreement – Fixed
Cx12309    TX Notice of Penalties for Making False or Misleading Statement
Cx14951     TX Renewal and Extension Exhibit
Cx19173     TX Plain Language 2nd Home Improvement Deed of Trust
Cx19401     FHA TX Deed of Trust
Cx19609    TX Homestead Affidavit
Cx21376     HELOC Deed of Trust – TX
Cx22294    HomeStyle Renovation Loan Rider
Cx22295    HomeStyle Renovation Loan Agreement
Cx22651     FNMA Construction Loan Agreement
Cx22653     FNMA Construction Loan Rider to Security Instrument
Cx22814     TX Residential Construction Contract
Cx22815     TX New Home Closing Certificate
Cx23607     Community Land Trust Ground Lease Rider
Cx25322      3044 TX Deed of Trust 2021
Cx25323      3044.1 TX Home Equity Deed of Trust 2021

These changes are available for testing on Stage & Stage 2 servers and will take effect on February 8, 2024. If you have any questions or concerns, please contact Client Support at 1.800.497.3584.

LEG-1724
DR-147982
DR-147983

The preceding is for informational purposes only and is not and may not be construed as legal advice. No third-party entity may rely upon anything contained herein when making legal and/or other determinations regarding its practices, and such third party should consult with an attorney prior to embarking upon any specific course of action.