Governor signs new proclamation suspending foreclosures, allowing remote notarization and witnessing

On March 22, 2020, Governor Reynolds signed a new proclamation continuing the State Public Health Emergency Declaration.  Included in the proclamation are a number of provisions affecting the legal community.  These include Suspension of Foreclosures (Section 2) and allowing for “Remote Notarization and Witnessing” (Sections 16 and 17).  The latter sections state:

SECTION SIXTEEN.  Pursuant to Iowa Code § 29C.6(6), I temporarily suspend the personal appearance requirement in Iowa Code § 9B.6, but only to the extent that the notarial act complies with the requirements of section 6 of 2019 Iowa Acts chapter 44 (Senate File 475) and any additional guidance provided by the Iowa Secretary of State regarding approved communication technology.

SECTION SEVENTEEN.  Pursuant to Iowa Code § 29C.6(6) and Iowa Code § 135.144(3), and in conjunction with the Iowa Department of Public Health, I temporarily suspend the regulatory provisions of Iowa Code §§ 144B.3, 633.279, and 633B.105, to the extent that they require the physical presence of a testator, settlor, principal, witness, or other person, if the person is present in a manner in which the witness or other person can see and hear the acts by electronic means, such as video conference, Skype, Facetime, Zoom, or other means, whether or not recorded.