Kansas proposal would verify notaries and screen property filings

Notaries handling real estate documents would use a system that checks their identity and captures biometric information from the signer. The rules cover notaries and documents about real estate, including deeds, mortgages, and other property filings. The Secretary of State would approve the system for use across counties. The system would match the notary’s identity and provide information county registers could use to authenticate the document. Notaries and counties would have to use the system by December 31, 2026. Starting that day, registers of deeds could not accept real estate documents without system authentication.

A county register of deeds could delay or refuse to record a suspicious real estate document. This applies when a register believes a real estate document may have a fraudulent signature or notarization, or otherwise raises suspicion of fraud. The register could delay recording for up to five business days to investigate whether the document is authentic. If the register could not verify it, the register could refuse to record it and would have to notify the notary or signer, if identifiable, and the appropriate law enforcement agency. The delay could last up to five business days while the register investigates.

A notary who chooses to notarize real estate documents using the system could charge an added fee. This applies to notaries who choose to notarize real estate documents and provide biometric information for the system. The Secretary of State would have to approve the fee amount. The fee could cover system costs and compensate the notary for use of their biometric information.