Remote Closings, E-Notaries, and the New Digital Real Estate Deal: What’s Legal in NJ?

BLOG - Remote Closings

The New Jersey real estate landscape has transformed dramatically since the pre-COVID era, particularly
concerning closings and notarizations. As a real estate attorney, I’m here to clarify the legal standards for
these digital advancements in 2025.

New Jersey permanently authorized Remote Online Notarization (RON) in 2021 with the New Jersey
Law on Notarial Acts (P.L. 2021, c. 179). This means that notarizations can now be performed entirely
virtually, with the signer and notary interacting via two-way audio-video communication technology. Key
requirements include robust identity verification (often involving knowledge-based authentication and credential analysis), an electronic journal, an electronic seal, and the creation and retention of an audio-visual recording of the notarization session for at least 10 years.

For remote closings, while RON facilitates the remote notarization of documents, the overall closing
process still involves various parties and often a hybrid approach. Many lenders, title companies, and
attorneys are embracing e-signatures for many documents, alongside RON for those requiring
notarization. The goal is to streamline the process, reduce travel, and enhance convenience.

It’s crucial to understand that while the technology exists and the laws support it, the practical
application in a real estate transaction can vary. Factors like lender requirements, the willingness of all
parties to adopt digital methods, and the complexity of the deal still play a role.

As we move through 2025, the digital evolution of real estate is undeniable. While New Jersey has made
significant strides in legalizing remote processes, consulting with an experienced real estate attorney is
paramount to ensure your digital closing is fully compliant and legally sound. We can help navigate these
evolving standards and ensure a smooth, secure transaction.

For consultations regarding your next real estate buy or sell, please reach out to Attorney Adam M
Brown at Adam M Brown Law Group.