41-254. Personal appearance required; thumbprint; exceptions

A. If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer.

B. If a notarial act involves a translator under section 41-253, subsection F, the translator shall appear personally before the notary public.

C. If the document to be notarized is a deed, quitclaim deed, deed of trust or other document that affects real property or a power of attorney document, the notary public shall require the party signing the document to place the party's right thumbprint in the notary's journal. If the right thumbprint is not available, the notary public shall have the party use the party's left thumb, or any available finger, and shall so indicate in the journal. If the party signing the document is physically unable to provide a thumbprint or fingerprint, the notary public shall so indicate in the journal and shall also provide an explanation of that physical condition.

D. Subsection C of this section does not apply to any of the following:

1. A trustee's deed that results from a judicial or nonjudicial foreclosure.

2. A deed of release and reconveyance.

3. A notarial act performed for a remotely located individual as prescribed by and in compliance with section 41-263 if both of the following apply:

(a) The notary journal includes the individual's identification credential number.

(b) The notary retains the audiovisual recording for at least seven years.