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.
- Applicability. This Title Supplement applies to Title Agent Subscribers who provide real property related title, settlement, or escrow services to consumers.
Definitions. The definitions below apply to this Title Supplement.
- “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.
- “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.
- “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.
- Acceptable ID Guidance. The parties acknowledge that the updated DMM 508 now incorporates the updated DMM 608.10.0 regarding the identity verification processes for the PS Form 1583, and that these publications provide USPS guidance for acceptable forms of primary photo identification and secondary identification to be used by signers in connection with the PS Form 1583. These additional terms are intended by the parties to apply to the foregoing guidance and instructions for the PS Form 1583, and as updated by the USPS from time to time after the date hereof.
Requests for Acknowledgement or Verification of Fact. For each Customer from whom Subscriber seeks to obtain a completed PS Form 1583, Subscriber will determine, in its sole discretion, whether to request that such Notary perform an Acknowledgment or a Verification of Fact. As part of each Transaction Request that contains a request for Services in relations to a PS Form 1583, Subscriber must indicate whether Notarize is to perform an Acknowledgment or a Verification of Fact for each Customer. The parties anticipate that Subscriber will elect to request an Acknowledgment for every customer who has, or should have, a U.S. Social Security Number.
- If an Acknowledgment notarial act is requested, among the other applicable requirements, in order for a Notary to perform an Acknowledgment, the Customer must have a valid U.S. Social Security Number and be able to successfully pass dynamic knowledge-based identity authentication, so that the Notary can determine and record satisfactory evidence of the Customer’s identity in accordance with Applicable Notary Law. Transaction Requests from Subscriber to perform an Acknowledgment will be performed in accordance with Applicable Notary Law and as outlined in the Agreement.
A Verification of Fact does not constitute or include the additional functions involved in a notarial Acknowledgment, and specifically does not include confirming satisfactory evidence of the Customer’s identity through use of knowledge-based authentication. Accordingly, in a Verification of Fact the Customer does not need to present a U.S. Social Security Number as part of the process; but the Customer’s identity is therefore not confirmed to a heightened level by the Notary, as part of the notarial process, as it is when the Notary performs an Acknowledgment. Transaction Requests from Subscriber to perform Verifications of Fact will be processed in accordance with Applicable Notary Law as well as the following specific procedures:
- Subscriber will initiate a Verification of Fact request to Notarize by submitting a TransactionRequest, designating the pertinent Customer and providing the PS Form 1583 with all appropriate information populated on the form. Such Transaction request shall include theSubscriber’s election to have a Verification of Fact performed respecting such Customer.
- The Customer will receive an email invitation or other notification to access the Notarize Platform to complete their PS Form 1583 signing.
- The Customer will be notified by Subscriber of the type and nature of the primary and secondary acceptable identity documents required to complete the Verification of Fact respecting the PS Form 1583.
- Customer will connect to the Notarize Platform and will provide and confirm his or her required personal information, agree to the Notarize General Terms and upload required images of his or her pertinent identity documents. Customer will also create an e-signature for use in electronically signing the PS Form 1583.
- Customer will connect to and appear before a Notary on the Notarize Platform by means of an online audio-video connection. The Notary will verify the required information on the Form, that the required identity documents have been provided by the Customer and will otherwise perform the specific acts required of a notary under the PS Form 1583 and as specified in the DMM 508. The Notary will confirm that the provided identity documents are legible and set forth the specified information, and will orally confirm with the Customer, on the audio-video, that the Customer’s asserted identity and address on the Form are substantiated by the proffered identity documents.
- Once the foregoing is completed, the Customer and the Notary will sign the PS Form 1583 and the session will be completed.