The Basics

Today’s consumers expect better experiences through digital solutions. By digitizing the closing process, we provide a better experience for home buyers and sellers while enabling you to transform your business.

Currently, three forms of eClosing exist: a hybrid eClosing, a full eClosing, and an online eClosing (also known in the industry as remote online notarization). Their availability depends on laws at both the state and county levels. Contact the Stewart underwriter for your state to learn what’s available in your area.

How do the three types differ?

  • Hybrid eClosing – Some documents are eSigned and eNotarized; others are “wet signed” and notarized in the traditional way, with all parties in attendance.
  • Full eClosing – Documents are electronically signed and notarized with all parties in attendance and in the same room as the eNotary.
  • Online eClosing – Documents are eSigned and eNotarized with parties interacting through videoconferencing.
Provides a digital means of document signing that is efficient, convenient and as legally binding as signatures involving pen and paper. eSignature is used for both pre-closing and closing documents.

State-by-State Regulations

(Physical Presence)
Enables a state-approved and -certified eNotary to affix an electronic signature and notary seal to an electronic document such as a PDF. The eNotary and signer must be in the same physical location to meet the requirement for “physical presence” in nearly all of the states.

(Virtual Presence/Remote)
Allows the signer to be located anywhere in the world and appear before the eNotary via the Internet or a two-way videoconference, thus meeting the personal-appearance requirement. The eNotary keeps a recording of the meeting.

State-by-State Regulations

Authorizes a county clerk or county recorder to accept electronic documents for recording and to index and store those documents, including recordation of instruments affecting real estate.

*eRecording does not require the security instrument to be electronically executed. A county often records a scanned image of the paper security instrument when it eRecords.

County-by-County Regulations

One of the first steps in preparing your business for eClosings, is determining what types of eClosings are allowed with your state. In the linked documents below, you can see which states allow eClosings and which states allow remote notarization.

Disclaimer: eClosing may not be available under your state’s laws and regulations. Contact your local Stewart underwriter before you proceed to issue a policy of title insurance for specific state underwriting guidelines and requirements for eClose real estate transactions. Stewart makes no express or implied warranties with regard to and shall have no liability for any errors or omissions or for the results of the use of such material. Do not assume this information is error-free. It is not intended to direct your closing practices or change the provisions of Stewart’s underwriting agreements. This is for informational/instructional purposes only and does not constitute the giving of legal advice or establish an attorney-client relationship.