State-by-State Progress on eRecording & eNotarization Laws
The digital transformation of real-estate closings has accelerated dramatically in recent years. The twin components of this transformation — electronic recording (often called “eRecording”) of property and land‐records, and electronic/remote notarization (eNotarization and Remote Online Notarization (RON)) — are now central to the evolution of eMortgages. For mortgage professionals, title companies, lenders and consumers alike, the state jurisdictions in which these laws are in place (and how they are implemented) can determine whether a fully digital closing is possible.
In this article we will:
Outline the legal foundations enabling eRecording and eNotarization.
Provide a snapshot of where states stand (the “state-by-state progress”).
Highlight key differences, remaining gaps, and practical implications for eMortgages and closings.
1. Legal Foundations
To understand state progress, it helps to start with the major legal building‐blocks.
a) Electronic Signatures and Electronic Notarization
The Electronic Signatures in Global and National Commerce Act (E-SIGN, 2000) and the Uniform Electronic Transactions Act (UETA) provide the federal and model state law frameworks that render electronic signatures and records legally valid in many circumstances.
That legal foundation opened the door for notarial acts to be done electronically or remotely.
b) Remote Online Notarization (RON) & eNotarization
While electronic notarization generally means the signer and notary are together, and documents may be signed and notarized electronically, remote online notarization allows the signer and notary to be in separate physical locations, connected via audio-video, with full digital workflow. Several states have passed RON statutes or regulations. For example, as of 2020 about 29 states had laws enabling RON.
The National Association of Secretaries of State (NASS) notes that “47 states and D.C. have a law that allows for remote e-notarization (in some form)”.
c) Electronic Recording of Real Property Records (eRecording)
The Uniform Real Property Electronic Recording Act (URPERA) is a model statute to permit electronically recording real‐property documents (deeds, mortgages, etc.).
As of recent data, URPERA has been adopted by 37 states plus D.C. — though adoption alone doesn’t guarantee full implementation of eRecording at county recorder/National Title/registry levels.
2. State-by-State Progress Snapshot
Below is a summary of where the states stand on these two fronts: eNotarization (including RON) and eRecording progress.
eNotarization / RON:
Many states now permit RON under law. For example, an article lists 38 states with RON laws as of early 2024.
As of March 2021, 29 states had adopted statutes permitting remote online notarization.
States differ significantly in how they implement: e.g., whether the notary must be physically in the state, whether signers can be out-of-state, whether all document types (including wills, powers of attorney, real-estate closing docs) are eligible.
For example, while some states permit RON, they still restrict certain types of documents such as wills or trust instruments.
eRecording / URPERA adoption:
URPERA adoption by about 37 states plus D.C. gives a legal foundation for eRecording.
However, “adopted a law” ≠ “fully operational eRecording in every county”. Implementation varies by state and by county/recorder office.
For mortgage/eClosing professionals, the key is whether the county/recorder will accept electronic submission of mortgages/deeds, whether an electronic notary is accepted by the recorder, and whether any manual “wet-ink”/live notarization is still required.
Selected state examples:
States such as Florida, Texas, Ohio, North Carolina have strong momentum in their eClosing and RON/eRecording capabilities.
Some states are still behind or have only temporary/emergency orders (especially those that did not pass permanent RON statutes). For example, in some states the RON or remote -notarial route is still under emergency order only.
3. Key Differences & Implementation Nuances
When you drill into the state laws, you’ll find many variables:
Notary physical location vs signer location – Some states require the notary to be physically in the state of execution (even if signer is remote); others allow notary to be out-of-state.
Types of documents eligible for remote notarization – Some states exclude certain documents (like wills, trusts, family-law documents) from remote notarization.
eRecording acceptance by recorder offices – Even if a state has adopted URPERA, individual county recorders may have not completed the infrastructure or policies to accept e‐submitted mortgages/deeds.
Standards & audit trails requirement – Many states that allow RON mandate use of identity verification tools (knowledge-based authentication, credentialing), audio/video recording of the session, tamper-evident notarial seal and journal of records.
Inter-state recognition & conflicts – Even if a transaction is notarized remotely in State A under its RON law, there may be questions about recognition in State B. But there is legal support that notarizations done properly under one state’s law are likely to be recognized elsewhere.
4. Implications for the eMortgage Industry
Given your blog focus on eMortgages, here are several practical implications:
Closing workflow design needs to be state-aware. If a lender, title/settlement agent or software provider is working across states, they must map each state’s RON and eRecording status carefully. For example: even if remote notarization is permissible in that state, the local county recorder must accept the resulting notarized e-document.
Underwriter/title insurer comfort. Many title insurers and underwriting guidelines still require that the notarization and recording process meet their standard risk/chain-of-title expectations. The existence of a RON law is helpful, but insurers will want to see evidence of audit trail, notary record, eRecording acceptance.
Cost, speed and consumer experience. States that permit full eNotarization and eRecording allow a truly digital closing — potentially faster, less paper, fewer trips, greater consumer convenience. That becomes a competitive differentiator in the eMortgage world.
Legacy jurisdictions & hybrid models. Some states may permit eNotarization but not permit eRecording (or eRecording uptake is low). In such cases the closing may still require some paper/wet-ink step or manual recording, which undermines the “fully digital closing” promise.
Change management. Implementing these workflows requires training (notaries, settlement agents), technology (platforms that meet state standards), operational checklists (for each jurisdiction), and contingency planning (if a county doesn’t accept eRecording).
Future opportunity — national consistency. With many states still catching up, there is significant opportunity for standardization across states (in both RON and eRecording) which would unlock multi‐state scalable eMortgage workflows.
5. What’s Next / Where Are the Gaps?
Even though many states have laws authorizing RON, not every county/recorder is ready for eRecording — data on full implementation remains patchy.
Some states still only have emergency or temporary orders allowing remote notarization (rather than permanent law). Users must watch for sunset provisions or regulatory changes.
The industry awaits broader interstate reciprocity or federal frameworks (for example, uniform standards for remote notarization across state-lines).
Technology and risk issues remain: identity verification, fraud prevention, audit trails, digital notarial seals — all require robust compliance.
Consumer education and seller/settlement agent adoption: shift from old wet-ink workflows to fully digital workflows involves operational and cultural change.
For eRecording, even with URPERA adoption, counties may impose fees or have legacy systems that slow down eSubmission or still require paper backup.
6. Conclusion
In the journey toward fully digital closings and eMortgages, the twin pillars of eNotarization (especially RON) and eRecording are key. The good news for the industry is that significant progress has been made: many states now permit remote online notarization, and a large number of states have adopted laws enabling electronic recording of real property documents. But reaching the “every county, every state, fully digital closing” vision still requires focused work on implementation, standardization, and operational readiness.
For lenders, title companies and eMortgage technology providers, the message is clear: map the jurisdictional status, design workflows that account for state and county variances, track the underwriter and recorder acceptance, and take advantage of the states that are positioned for digital-first closing models.
