Can a Virginia real estate closing happen remotely?
Yes, in its parts. Virginia law defines remote online notarization, where the signer is not in the notary's physical presence; Virginia clerks record a writing acknowledged before a notary anywhere in the United States; and a clerk with eRecording, as Carroll County's has, takes land records electronically. Whether a given lender or settlement agent will close that way is their decision.
Signing, notarizing and recording are three separate acts, and the law treats distance differently for each
A closing looks like one event around one table. For the question of distance it is better taken apart, because Virginia law handles each piece on its own terms: someone signs, a notary confirms the signature, and a clerk puts the document on record.
Signing
For land records, Va. Code 55.1-662 says that if a law requires a document to be signed as a condition for recording, an electronic signature satisfies the law.
Notarizing
The same section says a requirement that a land records document be notarized or acknowledged is satisfied if the electronic notarization, and all other information required to be included, is attached to or logically associated with it. A paper acknowledgment before a notary in another state is a second route.
Recording
A clerk that has implemented eRecording accepts documents electronically; a clerk that has not still records a certified paper copy of an electronic document.
The notarizing step is the one that matters most for a deed. Under Va. Code 55.1-600, a writing is recorded as to a signer whose original signature has been acknowledged, or proved by two witnesses, in the manner the statute prescribes. A seller who cannot be at the table still needs a signature acknowledged, or proved, in a way that section accepts.
A Virginia electronic notary can confirm who is signing over video and audio
Virginia's notary statute defines remote online notarization as an electronic notarization where the signer is not in the physical presence of the notary. It is written into the Code, not a workaround.
- Who can do it. An electronic notary is a notary commissioned by the Secretary of the Commonwealth with the capability of performing electronic notarial acts. The Secretary's office says a person must first be a commissioned Virginia notary public.
- How identity is established. Under Va. Code 47.1-2, satisfactory evidence of identity may rest on video and audio conference technology that lets the notary communicate with and identify the signer at the time of the act, confirmed by personal knowledge, by the oath or affirmation of a credible witness, or by at least two listed methods, which include credential analysis of an unexpired government-issued photo identification and a knowledge-based authentication assessment.
- What the certificate shows. The electronic notarial certificate must indicate whether the notarization was done in person or by remote online notarization.
An electronic notarial act performed in accordance with this chapter shall be deemed to have been performed within the Commonwealth and is governed by Virginia law.
Va. Code 47.1-13
The older route still works too. Va. Code 55.1-612 has a Virginia clerk record a writing on the certificate of a notary public, among other officers, anywhere within the United States that the signer acknowledged it. And under Va. Code 47.1-13.1, a document notarized outside Virginia by a notary or other authorized officer that appears on its face to be properly notarized is presumed to have been notarized properly under the law of the place where it was done.
Carroll County's clerk records land documents electronically, and each other clerk decides for itself
The last act puts the deed, and any deed of trust, on the land records. For land in Carroll County, recording does not require anyone to carry paper to Hillsville.
The Carroll County Circuit Court Clerk's Office offers remote electronic recording of land records through two listed vendors, Simplifile and CSC eRecording Solutions. Its own page puts the scope plainly: "We are capable of recording all land related documents." The counter, the fees and the taxes that come due when a deed is recorded are covered in where to record a deed in Carroll County.
| Office | Address | Phone |
|---|---|---|
| Carroll County Circuit Court Clerk's Office (land records and e-recording) | 605-1 Pine Street, A230, Hillsville, VA 24343 | 276-730-3070 |
eRecording is a clerk's option, not a statewide fact. Va. Code 55.1-663 says a clerk who implements an eRecording System must follow Virginia Information Technologies Agency standards, and a clerk who accepts electronic documents must continue to accept paper land records. Where a clerk has no eRecording System, Va. Code 17.1-223 has the clerk record a legible paper copy of an electronic document, certified as a true copy of the electronic original by the attorney, settlement agent or other party submitting it.
The law allows each piece; the lender and the settlement agent decide whether this closing uses them
Everything above describes what Virginia law provides for each piece. None of it obliges anyone to offer a remote closing. The people who decide are the ones handling the documents and the money.
When part of the price is financed, the contract language in Va. Code 55.1-1007 has the lender instruct the settlement agent on signing and recording the loan documents, which include the deed of trust. Without a loan, no lender instructions are involved, which leaves the question with the parties and the settlement agent. Who may serve in that role at all is covered in who can close a real estate sale in Virginia, and how the whole settlement runs, step by step, is in settlement in Virginia.
Questions worth putting to the settlement agent early, before the closing date is fixed:
- Will you accept a remote online notarization, and which electronic notary or platform do you use?
- If I sign in front of a notary in my own state instead, what originals do you need back, and how?
- Does the buyer's lender allow either method for its loan documents?
- Will the deed be recorded electronically, and with which clerk?
- Which of the papers a seller gathers can be sent ahead? The list itself is in what documents you need to sell land.
Selling land here but planning to sign the closing papers from another state?
Tell Lowell where the land is and where you will be. He can talk through the sale by phone, and the settlement agent decides how the signing and notarizing are handled. No cost, no obligation.
Got it. Thank you.
We'll be in touch shortly with an honest read.
Questions this raises
Can a seller sign a Virginia deed before a notary in another state?
Yes. Va. Code 55.1-612 has a Virginia clerk record a writing on the certificate of a notary public anywhere within the United States that the signer acknowledged it, and Va. Code 47.1-13.1 presumes a document notarized outside Virginia that appears properly notarized was notarized properly under that place's law. The settlement agent will say how the signed originals come back.
Does an electronic notarization show that it was done remotely?
Yes. Under Va. Code 47.1-2, the electronic notarial certificate must indicate whether the notarization was done in person or by remote online notarization. The notary must be a commissioned Virginia notary who has also been commissioned by the Secretary of the Commonwealth to perform electronic notarial acts.
Does every Virginia circuit court clerk accept electronic recording?
No statewide rule requires it. Va. Code 55.1-663 treats eRecording as something a clerk implements to state technology standards, and a clerk who accepts electronic documents must keep accepting paper. Carroll County's clerk offers it through Simplifile and CSC eRecording Solutions. For land in another county, ask that county's clerk; for land in Galax, ask the Carroll or Grayson clerk's office that records the parcel.
Where this page's facts come from
Every rule, office and figure above traces to one of these. Rules change; check the office before you act on one.
- Va. Code 47.1-2, definitions including remote online notarization and electronic notary Virginia General Assembly
- Va. Code 47.1-13, electronic notarial acts deemed performed in Virginia Virginia General Assembly
- Va. Code 47.1-13.1, documents notarized outside Virginia Virginia General Assembly
- Electronic notary commissions Secretary of the Commonwealth
- Va. Code 55.1-662, electronic signatures and notarization for land records Virginia General Assembly
- Va. Code 55.1-663, clerks implementing eRecording Virginia General Assembly
- Va. Code 55.1-600, recording acknowledged writings Virginia General Assembly
- Va. Code 55.1-612, acknowledgment before a notary within the United States Virginia General Assembly
- Va. Code 17.1-223, recording, including certified paper copies of electronic documents Virginia General Assembly
- Va. Code 55.1-1007, contract language on the lender's instructions Virginia General Assembly
- Va. Code 55.1-1008, recording before funds are available Virginia General Assembly
- Circuit Court Clerk: e-record land records Carroll County, Virginia
- Circuit Court Clerk's Office Carroll County, Virginia