A remote closing allows buyers and sellers to complete certain real estate closing steps electronically rather than meeting in person. Depending on the transaction, parties may sign documents electronically and complete notarization through a live audio-video session. Many of the same core steps used in a traditional closing still apply, and recording may be completed electronically where the local recording office accepts it, or through a paper copy of an electronically notarized document when required.
Avenue Law Firm is a Manhattan real estate practice that represents buyers, sellers, and investors in both remote and traditional closings throughout New York. Manhattan real estate attorney Peter Zinkovetsky and our team help clients review closing documents, address remote online notarization requirements, and complete the closing process in a way that fits the transaction.
This guide explains how remote closings work, which New York laws allow them, what types of remote closings may be available, how identity verification is handled, and what practical benefits and limitations parties should consider before proceeding. To discuss your real estate closing, schedule a consultation with us by calling (212) 729-4090.
What Is a Remote Closing in New York?
A remote closing, sometimes called a virtual closing, allows much of the real estate transaction process to occur electronically, reducing the need for in-person meetings. After key steps such as contract review, title review, lender approval, and clear to close are addressed, buyers, sellers, and attorneys can complete closing tasks from their own locations. This can involve signing documents, verifying identities, and transferring mortgage paperwork online using secure platforms.
How Does the Remote Closing Process Work Step by Step?
A remote closing follows the same sequence as a traditional closing, but each step is handled digitally. Once a contract is signed and financing is in place, the transaction proceeds through a series of stages that end with the deed and mortgage being recorded.
- Document preparation: The attorneys, lender, and title company assemble the closing package, including the deed, mortgage, closing disclosure, and title documents.
- Attorney review: If you are represented by a real estate attorney, your attorney reviews the documents in advance and sends them to you for final review before the session.
- Scheduling the video session: The parties agree on a time for the live video conference with a commissioned New York remote online notary.
- Identity verification: Before signing, you present a government-issued ID and complete credential analysis and, in some platforms, a knowledge-based authentication assessment.
- Electronic signing: You sign the documents electronically during the recorded video session while the notary observes.
- Remote notarization: The notary witnesses your signature by live video and affixes a secure digital signature to the notarized documents.
- Funds transfer and recording: Funds are transferred by wire, and the signed deed and mortgage are submitted for recording with the appropriate county office, either electronically where accepted or through a paper copy when required.
Because documents are delivered ahead of time, buyers and sellers often have more chances to review the paperwork than at a crowded in-person closing table. Your attorney coordinates each step so the transaction stays on schedule and every requirement is satisfied.
Key takeaway: A remote closing uses the same basic steps as an in-person closing, but document review, identity verification, signing, notarization, and fund transfer may be handled electronically. Recording may be electronic where accepted or completed through a paper copy when required.
What Legal Changes Allow Remote Closings in New York?
Before the COVID-19 pandemic, New York required a notary to be physically present when a document was signed. During the pandemic, the state temporarily permitted Remote Ink Notarization as an alternative to in-person notarization. The state enacted electronic notarization legislation in 2021, later amended by S7780, and the fully electronic notarization system took effect on January 31, 2023. The requirements are now codified in Executive Law § 135-c.
This legal change allows a registered electronic notary, while physically located in New York, to perform an electronic notarial act by live audio-video communication when all statutory and regulatory requirements are met. The law and regulations require secure communication technology, identity verification, and safeguards for the electronic record.
How Do Remote Closings Differ From Traditional Closings in New York?
While traditional closings involve physical meetings and paper documents, remote closings introduce a more flexible, virtual process. Here are the key differences:
- Location flexibility: Some remote closing formats allow parties to complete many steps from home or office, reducing or eliminating the need for in-person meetings, subject to the method used. Traditional closings require all parties to be physically present at a designated location.
- Document handling: In traditional closings, documents are signed on paper and notarized in person. Remote closings use e-signatures and electronic notarization via secure online platforms.
- Notarization process: Traditional closings require a notary to be physically present during signing. Remote closings use live video calls to verify identities and witness signings, under New York’s Remote Online Notarization (RON) laws.
- Timeline and convenience: Remote closings tend to be faster and more convenient, as they reduce the need for scheduling in-person meetings. Traditional closings often take longer due to the necessary coordination between different parties.
- Security and compliance: Both types of closings must comply with legal requirements, but remote closings rely on advanced technology to establish secure document handling and identity verification. Traditional closings count on manual checks and in-person verification.
Remote closings may be useful for buyers and sellers who want a more flexible process, though some parties may still prefer traditional closings for a more hands-on approach.
What Types of Remote Closings Are Available in New York?
In New York, digital or partially remote closings have enabled multiple pathways for completing transactions, offering varying levels of convenience and flexibility. There are three primary methods: the Hybrid Closing Method, Remote Online Notarization (RON), and In-Person E-Notarization (IPEN). Each has unique advantages to be determined by its legal requirements and your personal preferences.
Hybrid Closing Method
The hybrid closing method combines both remote and in-person elements. Documents that do not require notarization are signed electronically before the closing date. Once the date arrives, the remaining documents requiring notarization are signed in person with a real estate notary or closing agent. This approach speeds up the overall process, as much of the work is completed before the final in-person meeting.
In New York, hybrid closings may still be used when a lender, title company, party, or transaction requirement calls for an in-person step. However, many buyers and sellers grant limited power of attorney to their real estate attorneys, allowing them to sign documents on their behalf, further reducing the need for in-person attendance. Although not entirely remote, this approach significantly streamlines the closing process.
Remote Online Notarization (RON)
Remote Online Notarization, or RON, involves a live video conference with a notary, who verifies your identity virtually. During the video session, the signer presents an acceptable form of identification through the approved technology, completes required identity verification, and signs the electronic record before the notary completes the electronic notarization.
RON can allow a fully remote closing when all required documents, parties, lender requirements, title requirements, and recording requirements can be handled remotely. It became widely accepted following Senate Bill 1780C, allowing notaries to witness signatures remotely while maintaining compliance with state laws.
In-Person E-Notarization (IPEN)
In-Person E-Notarization, or IPEN, involves the use of electronic signatures for closing documents but still requires the parties to be physically present. Although this process reduces paper waste, it is only considered partially remote. The notary verifies identities and witnesses signatures in person but does so electronically rather than on paper.
While IPEN does not provide the same level of flexibility as RON, it is a middle ground for those who want to reduce paper use while still fulfilling the requirement of being physically present for notarization.
| Closing Method | Where You Sign | Notarization | Best For |
|---|---|---|---|
| Hybrid | Some documents electronically in advance, the rest in person | In-person notarization on closing day | Deals that still require one in-person step |
| RON | Potentially entirely online, if all transaction requirements allow it | Notary witnesses by live video | Parties who want a fully remote closing |
| IPEN | Electronic documents signed while physically present | Notary present in person, signs electronically | Parties who prefer in-person signing with digital tools |
Key Takeaway: Hybrid closings combine advance e-signing with a final in-person notarization, RON keeps the entire process online by video, and IPEN uses electronic documents but still requires you to be physically present. RON is the only method that can be fully remote from start to finish when all transaction, lender, title, and recording requirements allow it.
Manhattan Real Estate Attorney – Avenue Law Firm
Peter Zinkovetsky, Esq.
Peter Zinkovetsky represents local and international clients in New York real estate transactions. His background in finance from Pace University and legal training at New York Law School support his work with purchase agreements, closing documents, title issues, and transaction details that often arise in remote and traditional closings.
Admitted to the New York bar in 2011, Peter focuses his practice on real estate transactions and property and business insurance matters throughout Manhattan and New York. His continuing legal education work, legal writing, New York Real Estate Journal articles, and professional recognitions, including Super Lawyers Rising Stars, New York Real Estate Journal’s 2018 Ones To Watch list, and Avvo’s 10 out of 10 rating, reflect his ongoing involvement in New York real estate law and closing-related issues.
What Are New York’s RON Notary and Technology Requirements?
Remote Online Notarization in New York allows eligible notarizations to be completed electronically while preserving required safeguards and legal validity. New York’s regulations for RON technology platforms are designed to ensure security, transparency, and reliability. Key requirements include:
- Real-time audio and visual clarity: The notary and signer must be able to communicate via live video with sufficient clarity, so the notary can visually confirm the signer’s identity and witness the document signing.
- Secure transmission: The platform must provide a secure connection that prevents unauthorized access, ensuring that only the involved parties can participate in and view the notarization.
- Document integrity: The system must present that the document being notarized remains unchanged from the time of signing to the time of notarization, with any alterations clearly recorded and traceable.
- Recording and archiving: The entire audio-video session must be recorded and securely stored for at least ten years, providing a lasting record of the transaction.
- Unique digital signature: The platform must allow the notary to affix a unique digital signature secured by public key infrastructure (PKI). This signature must be under the notary’s sole control and capable of independent verification.
- Alteration detection: The system should detect and invalidate any changes made to the document after the digital signature has been applied.
- Electronic notarial certificate: The notarization certificate must clearly state the notarization was conducted through communication technology.
New York notaries must complete a formal registration process with the Secretary of State to conduct remote online notarizations, confirming they have the necessary training and use technology that complies with state regulations. As part of registration, notaries submit details about the technology or platform they will use. While the state does not pre-approve vendors, it holds the notary accountable for selecting a compliant platform.
Notaries must also be physically located within New York when performing remote notarizations, subjecting them to New York’s laws and regulatory framework. They must remain impartial, avoiding any notarial act in which they have a financial interest or personal stake, which maintains the notary’s role as a neutral witness.
Key Takeaway: Remote online notarization in New York requires more than a video call. The notary must be registered with the Secretary of State, physically located in New York during the notarization, and use technology that protects identity verification, document integrity, secure transmission, recording retention, and digital signature security.
How Is Your Identity Verified During a Remote Closing?
Identity proofing is a cornerstone of the remote notarization process, particularly for signers who are not personally known to the notary. To participate, you must provide a valid, non-expired government-issued photo ID that includes a recognizable photo and shows your full legal name. Accepted forms typically include:
- Driver’s license
- U.S. or foreign passport
- State-issued identification card
- Military identification card
After the notary visually reviews your ID, many RON platforms use credential analysis to scan the document to check for signs of tampering, inconsistency, or invalidity. New York regulations require identity proofing to meet at least the National Institute of Standards and Technology (NIST) Identity Assurance Level 2, or another industry-accepted standard that provides equal or greater security.
Be prepared for identity-proofing steps, which may include knowledge-based authentication questions about your personal history before the notarial act can proceed. These questions verify details about the signer’s life, such as past addresses or financial transactions, which would be difficult for another person to answer correctly. The identity proofing process is often managed by third-party providers experienced in identity verification.
The final step is live video verification. During this step, the notary compares the signer’s appearance with the identification presented and confirms that the signer is acting voluntarily. The signer does not need to be in New York, but the notary must be physically located in New York during the electronic notarization.
If the signer is outside the United States, the notary must confirm during the recorded electronic notarial act that the record meets one of the required U.S. connection standards. This may include a record involving a U.S. governmental, court, or public matter; property located in the United States; or another substantial connection to the United States.
Key Takeaway: Before your video session, have an unexpired government-issued photo ID ready, be prepared to answer knowledge-based authentication questions about your personal history, and test your webcam and internet connection. ID review, KBA, and live video verification help confirm your identity under New York’s RON standards.
What Are the Benefits of a Remote Closing in New York?
Remote closings can offer several practical benefits for New York buyers and sellers, including:
- Less travel: Parties may be able to complete the closing from home, the office, or another location without attending an in-person closing.
- More flexible scheduling: Remote closings can reduce the need to coordinate everyone’s physical presence at the same location.
- Electronic document signing: Eligible documents can be signed electronically, which can reduce paper use and make document handling more efficient.
- More time to review documents: Buyers and sellers may receive documents before the signing session, giving them time to review the paperwork before the closing.
- Convenience for out-of-area parties: Remote closings may be useful for buyers, sellers, and investors who cannot easily attend an in-person closing in New York.
A remote closing can make the transaction more convenient, but it still requires careful document review, proper identity verification, and compliance with New York’s remote notarization rules.
What Challenges Should You Expect With a Remote Closing?
Remote closings can make a real estate transaction more convenient, but there are still a few challenges to consider:
- Technology requirements: Remote closings relies on video conferencing, electronic signatures, identity verification, and secure document platforms. If you are unfamiliar with these tools, there may be a learning curve.
- Security concerns: Because sensitive financial and personal information is shared online, the platform must have proper safeguards. Buyers and sellers should use verified platforms and avoid sending documents or payment information through unsecured channels.
- Fraud risks: Wire fraud and identity fraud can still occur in remote transactions. Confirm wiring instructions through trusted channels, verify the notary and closing platform, and slow down if anything feels rushed or unusual.
- Less face-to-face interaction: Some buyers and sellers prefer an in-person closing because it gives them a chance to ask questions directly and review documents at the closing table. A remote closing may feel less personal, even when it is legally valid and properly handled.
A remote closing can still be a practical option when the right technology, security checks, and legal guidance are in place. Working with a New York real estate attorney can help you review the documents, confirm the process is compliant, and avoid preventable issues before closing.
Key Takeaway: To reduce fraud and technology friction, use only verified RON platforms, confirm your notary is registered in New York, test your equipment before the session, and slow down if anything about the transaction feels rushed. Working with an attorney who reviews the documents and coordinates the platform adds an important layer of protection.
Working with a New York Real Estate Attorney
Whether a remote closing is appropriate for your purchase or sale could rely on the transaction’s convenience, security needs, and applicable technical and legal requirements. A careful legal review can help confirm that the remote closing process is appropriate to the specific purchase or sale before documents are signed.
Attorney Peter Zinkovetsky and our team at the Avenue Law Firm can help buyers, sellers, and investors review closing documents, prepare for the remote signing process, and address issues that may arise with notarization, identity verification, wire transfers, title documents, or transaction requirements.
To schedule a consultation, call us at (212) 729-4090 or visit our office located at 505 Park Ave #1201, New York, NY 10022. We serve clients throughout Manhattan and New York.
Frequently Asked Questions about Remote Closings in New York
Is a remote closing legal in New York?
Yes. Remote closings are legal in New York under the Remote Online Notarization law, which took effect on January 31, 2023, codified in Executive Law § 135-c. A remotely notarized document can be legally valid if the electronic notarial act complies with New York law and applicable Department of State regulations.
How long does a remote closing take in New York?
The video signing session is often shorter than a traditional in-person closing since documents are reviewed in advance. The full transaction still depends on financing, title review, municipal searches, and closing conditions. A financed purchase may take weeks or months, based on the transaction.
What identification do I need for a remote closing?
You need a current, government-issued photo ID showing your full legal name, such as a driver’s license, U.S. or foreign passport, state ID card, or military ID. You should also be prepared to complete identity-proofing steps, which may include knowledge-based authentication questions, and appear on live video with the notary.
Can I complete a remote closing from another state or country?
Signers located out of state or abroad can participate, but the notary must be physically located in New York. If the signer is outside the United States, additional U.S. connection requirements may apply.
What is the difference between RON, IPEN, and a hybrid closing?
RON is fully remote, with all signing and notarization completed by live video. IPEN uses electronic documents but requires you to be physically present with the notary, and a hybrid closing combines advance e-signing with a final in-person notarization. RON can be fully remote, with signing and notarization completed by live video, when the transaction requirements allow it.
Do I still need a real estate attorney for a remote closing?
A real estate attorney is still commonly involved in New York real estate closings. In a remote closing, the attorney can review documents, coordinate with the lender and title company, and confirm that the remote notarization process meets New York requirements.
