Nebraska, Nevada and Texas Legislative Update

The Nebraska legislature recently passed the Online Notary Public Act (“Act”), effective May 30, 2019.  The Nevada legislature recently amended its laws to permit an individual to simultaneously apply for appointment as a notary public and register as an electronic notary public, and amended the licensing requirements for mortgage loan originators effective July 1, 2019.  The Texas legislature has amended its laws related to applications for a mortgage loan originator license, effective June 7, 2019.

NEBRASKA LEGISLATIVE BILL 186

To be eligible to register as an online notary public, a person must:

  • Hold a valid commission as a notary public in Nebraska;
  • Satisfy the education requirements; and
  • Pay the required fee.

Before registering as an online notary public, a notary public must take a course and pass an exam approved by the Secretary of State.  The content of the course and exam must include notarial laws, procedures, technology, and the ethics of performing online notarial acts.

An online notary public must register with the Secretary of State and disclose what technology will be used to perform an online notarial act (the provider must be approved by the Secretary of State).

The following types of online notarial acts may be performed by an online notary public:

  • Acknowledgments;
  • Jurats;
  • Verifications or proofs; and
  • Oaths or affirmations.

An online notary public must keep a secure electronic record of electronic documents notarized and take reasonable steps to ensure the security of online notarial acts.  An electronic record and backup record must be retained for at least 10 years.

An online notary public may perform an online notarial act regardless of whether the principal is physically located in Nebraska at the time of the online notarial act.  An online notarial act performed under the Act generally satisfies any requirement that a principal appear before, appear personally before, or be in the physical presence of, a notary public at the time of the online notarial act.

The online notarial public must follow the requirements set forth in the Act to verify the identity of the individual creating an electronic signature.

The Act provides suggested language for the electronic certificate of authority evidencing the authenticity of the electronic signature and online notary seal.

The register of deeds or county clerk of each county must provide one or more electronic recording services for the purpose of accepting electronically submitted real estate documents for recording.

NEVADA ASSEMBLY BILL 65

Previously, an individual had to be a notarial officer in Nevada for at least four years before they could register as an electronic notary public.  This requirement has been removed.  The Nevada Secretary of State is now permitted to establish a process for a person to simultaneously apply for appointment as a notary public and register as an electronic notary public.  If the Secretary of State establishes such a process, registration as an electronic notary public will be deemed effective upon the person complying with:

  • The requirements pertaining to taking an oath, filing a bond and other applicable notarial requirements; and
  • The requirements to register as an electronic notary.

NEVADA SENATE BILL 479

Existing law requires residential mortgage loan originators at privately insured institutions to be licensed as a mortgage agent by the Division of Financial Institutions of the Department of Business and Industry. This requirement has been eliminated for the registration of mortgage loan originators under the federal SAFE Act (Secure and Fair Enforcement for Mortgage Licensing Act of 2008).

TEXAS SENATE BILL 37

The Texas legislature has amended its laws to prohibit an application for a residential mortgage loan originator license or a renewal of such license from being denied on the basis of the applicant’s default on a student loan.

Sign up for news + updates

Expert insights and regulatory updates on RegTech, compliance management, and fair lending.

Diane Jenkins

Attorney

Recommended Resources