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