Manhattan Real Estate Attorney Peter Zinkovetsky Details How Remote Real Estate Closings Work in New York

September 10 09:34 2026
Manhattan Real Estate Attorney Peter Zinkovetsky Details How Remote Real Estate Closings Work in New York

NEW YORK, NY – September 10, 2026 – Buyers and sellers completing New York real estate transactions can now handle much of the closing process electronically, including signing and notarization conducted through a live audio-video session. Manhattan real estate attorney Peter Zinkovetsky of Avenue Law Firm (https://www.avenuelawfirm.com/how-does-remote-closing-work/) details how remote closings function under current state law and what buyers, sellers, and investors should expect before the signing session begins.

According to Manhattan real estate attorney Peter Zinkovetsky, New York required a notary to be physically present at signing before the COVID-19 pandemic. The state enacted electronic notarization legislation in 2021, later amended by S7780, and the fully electronic system took effect on January 31, 2023. The requirements are now codified in Executive Law § 135-c. “The statute did not simply move a closing table onto a video call,” Zinkovetsky explains. “It built a framework around identity verification, document integrity, and recordkeeping that every remote notarial act has to satisfy.”

Manhattan real estate attorney Peter Zinkovetsky notes that three distinct pathways are available. A hybrid closing has documents that require no notarization signed electronically in advance, with the remaining documents notarized in person on the closing date. Remote Online Notarization, commonly called RON, permits a fully remote closing when all documents, parties, lender conditions, title requirements, and recording requirements can be handled remotely. In-Person Electronic Notarization, or IPEN, applies electronic signatures while the parties remain physically present with the notary.

Attorney Zinkovetsky points out that the underlying sequence tracks a traditional closing. Attorneys, the lender, and the title company assemble the closing package containing the deed, mortgage, closing disclosure, and title documents. Counsel reviews those documents in advance and circulates them for final review. The parties then schedule the live video session with a commissioned New York remote online notary, complete identity verification, sign electronically while the notary observes, and transfer funds by wire before the deed and mortgage are submitted for recording, either electronically where the local office accepts it or through a paper copy of an electronically notarized document when required.

Identity proofing carries particular weight. Signers present a valid, unexpired government-issued photo identification showing a full legal name, and many platforms apply credential analysis to detect tampering or inconsistency. State regulations require identity proofing to meet at least National Institute of Standards and Technology Identity Assurance Level 2, or another industry-accepted standard offering equal or greater security. “Knowledge-based authentication questions catch people off guard more often than the technology does,” Zinkovetsky notes. “Preparing for that step in advance keeps the session moving.”

The technology requirements extend further. Zinkovetsky explains that the platform must support real-time audio and visual clarity, secure transmission, and demonstrable document integrity, with alterations recorded and traceable. The full audio-video session must be recorded and securely stored for at least ten years. The notary must affix a unique digital signature secured by public key infrastructure under sole control and capable of independent verification, and the notarial certificate must state that the act was conducted through communication technology.

Registration adds another layer. New York notaries complete a formal registration process with the Secretary of State and submit details about the platform they intend to use. The state does not pre-approve vendors, so accountability for selecting a compliant platform rests with the notary. Notaries must also remain physically located within New York while performing a remote notarization, and must avoid any notarial act in which they hold a financial interest.

Signers themselves may participate from outside the state. “A signer can join from another state or from abroad, but the notary has to be sitting in New York,” observes the Manhattan real estate attorney. Where a signer is outside the United States, the notary must confirm during the recorded act that the record meets a required connection standard, such as a matter involving a United States governmental, court, or public interest, property located in the United States, or another substantial connection.

The hybrid pathway remains common where a lender, title company, party, or transaction requirement calls for an in-person step. Many buyers and sellers grant limited power of attorney to their real estate counsel, allowing the attorney to sign on their behalf and further reducing the need for personal attendance. Because documents are delivered ahead of the session in each remote format, parties often have more opportunity to review the paperwork than at a conventional closing table, where the package is frequently seen for the first time on the day of signing.

Practical advantages include reduced travel, more flexible scheduling, and additional time to review documents circulated ahead of the session. Countervailing considerations include a technology learning curve, the security demands of transmitting financial information online, and the persistent risk of wire fraud, which makes confirming wiring instructions through trusted channels an important safeguard. Some parties also prefer the in-person format simply because it allows questions to be raised directly at the closing table.

For buyers, sellers, and investors weighing whether a remote closing suits a particular transaction in Manhattan, a careful legal review before documents are signed can confirm that the selected method matches the lender, title, and recording requirements involved. Consulting a real estate attorney may help identify which pathway fits the transaction.

About Avenue Law Firm:

Avenue Law Firm is a Manhattan-based law firm focused on real estate transactions and property and business insurance matters. Led by attorney Peter Zinkovetsky, the firm represents local and international buyers, sellers, and investors in remote and traditional closings throughout Manhattan and New York. For consultations, call (212) 729-4090.

 

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Company Name: Avenue Law Firm
Contact Person: Peter Zinkovetsky
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Phone: (212) 729-4090
Address:505 Park Ave #1201, New York, NY 10022
City: New York
State: New York
Country: United States
Website: https://www.avenuelawfirm.com/