Online Closing Requirements in Tennessee

As Established in Executive Order No. 26

 Coronavirus, Fraud Protection, Governmental Affairs, Legal, Tennessee REALTORS®

Published Tuesday, April 21, 2020

Back View of Businessman on Conference Call with Woman on the Screen Holding a Pen

Doing business in the midst of the Stay at Home Order has lead to the need for alternative methods of completing closings. As many are resorting to virtual closings during this time, it may be helpful to review the requirements as established in Gov. Lee's Executive Order No. 26.

Tennessee REALTORS® member Waddell Wright & attorney Terry Olsen read through the order and outlined the requirements in easily digestible bullet points. 

When closing virtually, keep in mind:

  • Signature must be observed in real time via Skype, FaceTime, Zoom, etc.
  • Both the signer and notary must be physically present in Tennessee during video communications
  • Video verification of ID is required
    • Saving a screenshot would be helpful
  • Video verification of the document is required
  • Execution must be close enough to the video source for the notary to observe
  • The document must also include the statement: "This document was executed in compliance with Executive Order No. 26 by Tennessee Governor Bill Lee, date April 9, 2020."
  • Notarization must either occur on:
    • A counterpart notary acknowledgement page
    • The original document, provided that the notary seal is applied within ten (10) calendar days of execution of document

Tennessee REALTORS® has outlined the requirements in a graphic for your convenience. Refer to these guidances when doing your business to make sure everything's above board.

Text Graphic Outlining the Online Closing Requirements
Source: Tennessee REALTORS®, Waddell Wright & Terry Olsen