Virginia HB 163: Notarization, filing, & recordation of certain land records; duties of notary or settlement agent.

Bill Text

2026 SESSION

INTRODUCED

26104586D

HOUSE BILL NO. 163

Offered January 14, 2026

Prefiled January 6, 2026

A BILL to amend and reenact §§ 17.1-258.3:1, 47.1-2, 47.1-5, 47.1-5.1, 47.1-8, 47.1-11, 47.1-14, 55.1-618, 55.1-620, and 55.1-903 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 47.1-5.2 and 47.1-8.1, relating to 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.

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Patron—Simon

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Referred to Committee for Courts of Justice

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Be it enacted by the General Assembly of Virginia:

1. That §§ 17.1-258.3:1, 47.1-2, 47.1-5, 47.1-5.1, 47.1-8, 47.1-11, 47.1-14, 55.1-618, 55.1-620, and 55.1-903 of the Code of Virginia are amended and reenacted and that the Code of Virginia is amended by adding sections numbered 47.1-5.2 and 47.1-8.1 as follows:

§ 17.1-258.3:1. Electronic filing of land records; paper form.

A. A clerk of a circuit court may provide a network or system for electronic filing of land records in accordance with the provisions of Article 3 (§ 55.1-346 et seq.) of Chapter 3 of Title 55.1 regarding the satisfaction of mortgages and the Uniform Real Property Electronic Recording Act (§ 55.1-661 et seq.). The clerk may require each filer to provide proof of identity to the clerk. The clerk shall enter into an electronic filing agreement with each filer in accordance with Virginia Real Property Electronic Recording Standards established by the Virginia Information Technologies Agency. Nothing herein shall be construed to prevent the clerk from entering into agreements with designated application service providers to provide all or part of the network or system for electronic filing of land records as provided herein. Further, nothing herein shall be construed to require the electronic filing of any land record, and such records may continue to be filed in paper form.

B. Any clerk of a circuit court with an electronic filing system established in accordance with this section may charge a fee not to exceed $5 per instrument for every land record filed by paper. The fee shall be paid to the clerk's office and deposited by the clerk into the clerk's nonreverting local fund to be used exclusively to cover the operational expenses as defined in § 17.1-295.

C. The clerk shall maintain a disaster plan, as defined in § 42.1-77, for recovery of any land record in possession of the clerk that is maintained as an electronic record.

D. Any clerk of a circuit court with a network or system for electronic filing of land records established in accordance with this section shall also establish a property alert notification system that allows the owner of real property to enroll such real property in the property alert notification system at no cost to the owner, provided that the land records for such real property are filed in such circuit court as required by law. Upon enrolling in the property alert notification system, the owner of real property may elect to receive notifications either electronically or by mail.

E. A property alert notification system established pursuant to this section shall (i) notify the enrolled owner when any document describing, affecting, or purporting to affect the enrolled real property is filed and (ii) include in the notification a description of the nature of the document recorded, the address or tax identification number of the subject real property, and the recording information of the document.

F. The clerk of a circuit court shall be immune from civil liability and no person shall have a civil cause of action against the clerk of a circuit court for any act or omission relating to the establishment, maintenance, or operation of a property alert notification system established pursuant to this section.

G. Any clerk of a circuit court with a system or network for electronic filing of land records and a property alert notification system established pursuant to this section, in conjunction with the locality in which the circuit court sits, shall provide property owners with (i) educational information on real estate and deed fraud and (ii) information about the property alert notification system available in such jurisdiction. Such information may be provided by mail, by newspaper, on the court's or the locality's website, or other available media.

§ 47.1-2. Definitions.

As used in this title, unless the context demands a different meaning:

"Acknowledgment" means a notarial act in which an individual at a single time and place (i) appears in person before the notary and presents a document; (ii) is personally known to the notary or identified by the notary through satisfactory evidence of identity; and (iii) indicates to the notary that the signature on the document was voluntarily affixed by