We have been alerted to the fact that your E&O policy may not include RON as authorized by Gov. Cuomo's Executive order 202.7.

This is an excerpt from an email James Dick of Merriam Insurance sent me:

With the temporary allowance of remote notarization in NYS (EO 202.7), title companies should proceed with caution in using this newly-legal avenue for notarization. Many title agent’s E&O policies contain an exclusion of coverage for notarization that is not done in person.

This message was reiterated by Kaitlin Kelly of Fran Kelly Professional Liability:

I saw that legislation was recently passed in NY to allow for remote online notarizations.  I’ve been trying to get the word out around the industry that many E&O carriers exclude coverage for notarizations done without the physical presence of the signatory.

Kaitlin also mentioned the growing threat of cyberfraud taking advantage of the disruption to normal business practices.

Under these unprecedented conditions, agents should absolutely confer with their underwriter if a transaction will be replying on a remote notarization, as dictated by the Executive Order.

We received the following update from Chris Como, Official Examiner of Title, Suffolk County Clerk's Office.

In accordance with directives from the Governor and County Executive, staffing at the County Clerk’s Office will be extremely limited in the upcoming weeks until further notice.

It is advised that all documents required to be recorded or filed be sent in via a trackable mail service as drop off availability in the lobby may be ending shortly without notice.

We are currently working on making printing available to those accessing our office remotely and have accounts within the next 48 hours.  Accounts can be credited by mailing in checks to the County Clerk’s Office (attention Public Access).  We also anticipate you will have the ability credit your accounts using credit cards once the printing function is available.   A separate e-mail will be sent once this is available.

While we are absorbing the licensing fees that permit off site access to our records, the County Clerk does not have the authority to waive any fee set by statute.  We will gladly comply with any State law or order directing these fees be waived.

For those seeking copies of previously recorded/filed documents or maps not available via remote access, they may purchased by using the attached form submitted to recordrequest@suffolkcountyny.gov.  Requests may also be made by mail using the same form.

Questions regarding filings/recording that are strictly of an immediate nature should be make directly to the appropriate department (see website for more info).

We are continuing to do our best with the limited resources to provide as much access to our records and staff as possible.  Since circumstances and government mandates are changing by the hour, any and all current practices are subject to change with no or very limited notification.  We will do our best to keep you informed as we have additional information. Please continue to check our website for updates as well.

Christopher Como, Esq.

Official Examiner of Title

Suffolk County Clerk's Office

310 Center Drive

Riverhead, New York 11901

(631)852-2000 ext. 112