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Bill > HB163


VA HB163

VA HB163
Notarization, filing, & recordation of certain land records; duties of notary or settlement agent;.


summary

Introduced
01/06/2026
In Committee
02/18/2026
Crossed Over
02/02/2026
Passed
Dead

Introduced Session

2026 Regular Regular Session

Bill Summary

Notarization, filing, and recordation of certain land records; duties of notary or settlement agent; acknowledgement and satisfactory evidence of identity; requirements for commission or recommission of notary; clerk of circuit court to establish property alert notification system. Adds a requirement that, within the six months immediately preceding the submission of his application, a person applying for commission to be a notary public or electronic notary public, or an existing notary public or electronic notary public applying for recommission, complete a course of instruction developed by or approved by the Secretary of the Commonwealth. The bill specifies that one hour of such course of instruction shall be on the topic of real estate fraud and financial exploitation of elderly persons and shall include training on current trends on such topics and on recognizing instances of such fraud or financial exploitation. The bill directs the Secretary of the Commonwealth to develop a curricula for such courses of instruction by January 1, 2027, and has a delayed effective date of July 1, 2027, for those provisions related to the requirement that applicants for commission and recommission complete and present proof of completion of such courses of instruction.The bill also requires any clerk of a circuit court that has established a network or system of electronic filing of land records also establish an electronic property alert notification system that allows individuals to enroll such individual's name or tax identification of real property in the system at no cost and that such system shall send notifications to such individual when any document containing the enrolled name or tax identification number is filed with the clerk's office. The provisions related to the establishment of the property alert notification system have a delayed effective date of July 1, 2027.Finally, the bill requires notaries public to keep a record of all notarial acts occurring on or after July 1, 2026, and to include in such record the form of satisfactory evidence of identification used to verify the identity of the principal and credible witnesses. Similarly, the bill requires settlement agents responsible for recording deeds, deeds of trust, or other documents relating to land records to obtain satisfactory evidence of identity of a seller of real property prior to settlement.

AI Summary

This bill modifies laws concerning notaries, land records, and settlement agents, with several provisions taking effect on July 1, 2027. It removes the ability for a notary to identify someone based solely on personal knowledge, requiring instead satisfactory evidence of identity, which includes specific forms of identification or credible witnesses. Applicants for notary commissions or recommissions must now complete a course of instruction, with a portion dedicated to real estate fraud and elder financial exploitation, and the Secretary of the Commonwealth is tasked with developing this curriculum by January 1, 2027. Clerks of circuit courts with electronic filing systems for land records must also establish a free property alert notification system to inform owners when documents affecting their property are filed. Additionally, notaries will be required to maintain records of all notarial acts, including the form of identification used, and settlement agents must exercise ordinary care to ascertain the identity of property sellers before finalizing transactions.

Committee Categories

Budget and Finance, Justice

Sponsors (1)

Last Action

Senate Finance and Appropriations Hearing (09:00:00 2/25/2026 Senate Room A, Room 305, General Assembly Building) (on 02/25/2026)

bill text


bill summary

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bill summary

Document Type Source Location
State Bill Page https://lis.virginia.gov/bill-details/20261/HB163
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB163) https://lis.blob.core.windows.net/files/1132730.PDF
BillText https://lis.virginia.gov/bill-details/20261/HB163/text/HB163H1
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (HB163) https://lis.blob.core.windows.net/files/1100188.PDF
BillText https://lis.virginia.gov/bill-details/20261/HB163/text/HB163HC1
BillText https://lis.virginia.gov/bill-details/20261/HB163/text/HB163HC2
BillText https://lis.virginia.gov/bill-details/20261/HB163/text/HB163
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