Last Modified Date: September 27, 2021Download PDF
This Title Supplement is attached to and incorporated into the Notarize General Terms (“General Terms”). Capitalized terms not otherwise defined have the meanings given in the General Terms or the relevant Supplement or Order Form.
1. Applicability. This Title Supplement applies to Title Agent Subscribers who provide real property related title, settlement, or escrow services to consumers.
2. Definitions. The definitions below apply to this Title Supplement.
(a) “Ancillary Signing Fee” means the Additional Fee charged for E-Sign Services in relation to supplemental and ancillary documents Subscriber requires Signatories to execute during an RE Transaction Session.
(b) “eNote” means an electronic promissory note.
(c) “Notarize RE Network” means the network of investors, insurers and service providers, including but not limited to title agents, underwriters and secondary market participants, who collaborate in efforts to complete real property and mortgage transactions processed through the Platform.
(d) “RON Signing Session” means an RE Transaction Session where all Documents necessary for the completion of the Transaction (including any eNote, if applicable to the Transaction, or other Documents requiring Notarizations or e-signature) are uploaded, reviewed, and signed through the Platform.
(e) “RON Signing Fee” means the Transaction Fee charged for a RON Signing Session which is payable by the Title Agent unless otherwise agreed in the Order Form.
3. General Terms for RE Services.
3.1 RE Transaction Session Process. After Title Agent initiates a request for RE Services (“Title Transaction Request”) or is added by a Lender to a Transaction that includes RE Services (a “Lender Transaction Request”), Title Agent may designate one or more Signatories or Participants to electronically review and/or e-sign Documents uploaded by Title Agent as part of an RE Transaction Session. Title Agent may add Documents to both Lender Transaction Requests and Title Transaction Requests that require Notarizations. E-Sign Services and Notarizations follow the general processes and procedures outlined through the Platform or in the Order Form, which may be adjusted based on Lender preference or as otherwise communicated by Notarize.
3.2 Responsibility. When NOD Services are part of the RE Services, Title Agent acknowledges that Notarize is providing access to a panel of NOD Notaries who will perform Notarizations at Title Agent’s request in accordance with the General Terms. Title Agent will make arrangements for its own traditional Notaries to perform wet-signed, in-person notarial acts.
3.3 NOD Services in RON Signing Sessions. If Title Agent requests NOD Services for an RON Signing Session, NOD Notaries will respond to Transaction requests from Title Agent or Lender that comply with the General Terms and Notarize’s Transaction requirements. Title Agent is responsible for providing clear instructions to NOD Notaries in the Transaction request outlining Title Agent’s Document execution preferences. Notarize is not responsible for communicating Title Agent’s requirements to NOD Notaries. As required by Applicable Notary Law, NOD Services are provided only when the NOD Notary and all Signatories and Participants speak the same language. If Notarizations or Authentication Services are included in the RE Services, Title Agent will pre-qualify the Signatories and Participants and ensure each has a current valid government-issued photo identification credential and a US social security number in their possession during the RON Signing Session. Title Agent may upload External Documents to the Platform so that a User may review them (but not execute them) in advance of the RON Signing Session. The RON Signing Fee is listed in the Order Form and may vary based on Transaction complexity and total number of Documents. Transactions that require more than one meeting with an NOD Notary will incur an additional charge.
(a) Transaction Fees. Unless Lender agrees that a different amount will be charged to Title Agent, the RON Signing Fee applies to both Lender Transaction Requests and Title Transaction Requests (as defined in v. 27 Sep 21 Title Supplement Page 2 of 2 Section 4.1(a) (Process and Requirements) below). The RON Signing Fee includes one unified RON Signing Session with a Notary and as many Signatories and Participants as the Platform supports at that time. Transactions that require more than one meeting with a Notary may incur Additional Fees. Subscribers are charged the RON Signing Fee independently for each RON Signing Session (i.e. if both a buyer and seller of real property are using the Platform, each will be charged for its “side” of the Transaction).
(b) Additional Fees. Additional Fees may include (i) a split signing session which occurs when one Signatory signs the Documents during one session and another co-Signatory signs the same Documents during a different session (“Split Signing Session”), (ii) a trailing Documents session which occurs when additional Documents must be signed to complete the same real estate closing (“Trailing Documents Session”), and (iii) a second signing session which occurs when Documents that were part of the original session were missed or incorrectly signed (“Second Signing Session”). A Trailing Documents Session may not include more than five (5) documents.
3.5 Exclusions. Unless otherwise agreed to in the Order Form, Notarize is not providing Subscriber: (i) managed hybrid closings, whereby Notarize takes on the service component of transmitting and tracking documents to a mobile notary, scheduling a mobile notary and signer, and retrieving the executed documents from the mobile notary; or (ii) any features or technology for use in the collection or transfer of escrow funds as part of the closing.
3.6 Acknowledgments. Subscriber understands and acknowledges that:
(a) Notarize is not a licensed title or escrow agent, and that Subscriber will supervise or participate in each Transaction as required by law.
(b) As of the Order Date, Subscriber is a Notarize RE Network partner. Subscriber hereby grants Notarize the right to use any Subscriber logos, trademarks, service marks or other User IP solely for the purpose of listing and identifying the Subscriber as a Notarize RE Network partner and title, settlement and escrow services provider in the Notarize RE Network.
(c) Documents required to be wet-signed in the physical presence of a notary public may also be uploaded to the Platform by Subscriber so that a User may review them (but not execute them) in advance of the closing.