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Can zlien Notarize and sign waivers automatically using saved signatures for their customers to help make sending these documents faster?

2 years ago

We are a zlien, but we currently do not use zlien for waivers. Instead of printing, signing/notarizing waivers and then uploading them, can zlien notarize with a saved signature to help make that process faster in states like Texas that need a notary for waivers? Is there some requirement that would not allow this?

Chief Legal Officer Levelset

There are a couple interesting aspects to your question. Most states do not require lien waivers to be notarized – and it may even be detrimental to have waivers notarized. In these non-notarized waiver states, yes it is possible to use a form of electronic signature on your waivers and have them signed automatically and delivered electronically to make the process smooth and efficient. You can even store all sent and requested waivers in one place for ease of viewing.

For the three states that do require notarization of lien waivers (Texas, like you mentioned, as well as Wyoming and Mississippi) it’s not quite as straightforward. While electronic notarization is a possible thing, it isn’t as simple as using a pre-obtained and stored electronic signature which can then be notarized. In order for the e-notarization process to work, the signer and the notary (based in an electronic notary state like Virginia) must have a live connection over the internet, the signer must provide information to prove his/her identity, and then sign the document in the notary’s “virtual” presence. It is possible, but zlien has not found a solution yet that makes the process sufficiently streamlined for its users. However, there are always advances being made and zlien will continue to monitor the state of virtual/electronic notarization for potential integration. In any event, however, there cannot be a notarization of the document without some real-time live connection between the signer and the notary, so pre-saved signature files are insufficient. The notary is acknowledging that the person who signs the document is the person who they say they are, and that they signed the document, this cannot be done with a pre-saved signature.

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