A digital or “eClosing” refers to the process of closing real estate transactions using electronic signatures, digital documents, and, oftentimes, remote online notarization (RON). It’s an appealing proposition: convenience, speed, reduced paper, and the ability to close from anywhere. But when it comes to Canton, Michigan, can you legally execute a fully digital closing today? The short answer is: yes—in many instances—but with important caveats and limitations. Let’s examine how Michigan’s legal framework addresses digital closings, the challenges that remain, and what’s happening locally in Canton Township.
The Legal Foundation in Michigan
1. Michigan’s Electronic Transactions Law (UETA)
Michigan adopted the Uniform Electronic Transactions Act (UETA), codified as Michigan Compiled Laws (MCL) Act 305 of 2000. Under UETA:
- An electronic record or signature is not denied legal effect merely because it’s electronic. zeus-milenia.legislature.mi.gov
- If the parties agree to transact electronically, then legal requirements for writing or signatures can be satisfied electronically. zeus-milenia.legislature.mi.gov
- However, UETA doesn’t override other laws that explicitly require “wet ink” signatures for specific documents (if so mandated). zeus-milenia.legislature.mi.gov+1
Thus, as a baseline, eSignatures and electronic documents are generally valid in Michigan, unless a specific statute demands otherwise.
2. Michigan Law on Notarial Acts (MiLONA) & Remote Notarization
One of the biggest barriers to fully digital closings is notarization: deeds, mortgages, affidavits, and many other closing documents require a notary’s seal. In Michigan:
- In 2018, House Bill 5811 amended Michigan’s notary laws to permit remote online notarization (RON) beginning September 2018. DocuSign+2Miller Canfield+2
- Under MiLONA (MCL §§ 55.285–55.287), a notary public may perform electronic notarization (eNotary) and remote online notarization using approved platforms. DocuSign+4Michigan+4Miller Canfield+4
- The law includes detailed rules around identity verification, audit trails, record retention, disclosure of audio/video recordings, and more. Michigan+3Michigan Legislature+3Miller Canfield+3
- Notably, the law allows a notary to refuse to use a remote platform under certain circumstances (e.g., objection from the signer, inability to verify identity). Michigan Legislature
- Michigan law also presumes that a properly performed remote notarial act satisfies legal requirement for being “in person.” Michigan Legislature+1
However—and this is important—the state requires that the remote notarization platforms be approved (or certified) by relevant state authorities. Miller Canfield+3Michigan Legislature+3michigannotaryassociation.org+3
At various times, there have been delays in approving platforms. Michigan Legislature+2Miller Canfield+2
At various times, there have been delays in approving platforms. Michigan Legislature+2Miller Canfield+2
3. Supplementary Acts During COVID
During the COVID-19 pandemic, Michigan temporarily relaxed certain notarial and witnessing requirements via executive orders (e.g., EO 2020-41) to permit remote notarizations and remote witnessing for specific documents. hilgerhammond.com+2ICLE+2
Legislation (2020 PA 246, 247, 248, 249) then extended or codified some remote notarization and witnessing rules. ICLE
Still, some of those provisions were time-limited or conditional, so they don’t guarantee a permanent full digital closing right now in all cases. ICLE+1
Legislation (2020 PA 246, 247, 248, 249) then extended or codified some remote notarization and witnessing rules. ICLE
Still, some of those provisions were time-limited or conditional, so they don’t guarantee a permanent full digital closing right now in all cases. ICLE+1
Types of eClosings & What Michigan Allows
Because “digital closing” is an umbrella term, it’s helpful to understand different flavors. First American Title outlines several models. First American Among them:
- In-Person eNotarization (IPEN) – all documents are digital, eSignatures used, but the signer appears physically before a notary who electronically notarizes the documents.
- Remote Online Notary (RON) eClosing – the ideal: no one is in the same room. The signer and notary connect via video, and all required documents are eSigned and eNotarized remotely.
- Remote Ink Notarization (RIN) – signer signs on paper while a notary watches remotely; then, documents are shipped to the notary for sealing.
- Hybrid – a mix of paper and electronic; some documents (especially those requiring notarization) may still need “wet ink” signatures, others are electronic.
Michigan legally allows IPEN and RON via MiLONA and HB 5811, provided the platform is approved and all rules are followed. First American+5DocuSign+5Miller Canfield+5
However, not every county record office or lender accepts fully remote eClosings, and some transactions may not qualify. Transnation Title Agency+2Snapdocs+2
However, not every county record office or lender accepts fully remote eClosings, and some transactions may not qualify. Transnation Title Agency+2Snapdocs+2
What This Means for Canton, Michigan
Canton sits within Wayne County in Michigan, so the rules for the state and the local recorder’s office or Register of Deeds are especially relevant. Here’s the practical picture as of now:
- Because Michigan allows remote online notarization (per HB 5811 and MiLONA), digital closings that rely on RON are legally permissible in many cases. Transnation Title Agency+6DocuSign+6Miller Canfield+6
- Title and closing companies in Michigan are already offering digital or hybrid closings via platforms such as eClosing.com. eClosing.com & Digital Title Insurance+1
- Transnation Title confirms that in Michigan, “digital closing options are now available for some real estate transactions.” Transnation Title Agency
- However, not all transactions qualify for fully remote closing. Some lenders, investors, or mortgage programs may require wet signatures or in-person notarization, regardless of state law. Transnation Title Agency+3Transnation Title Agency+3First American+3
- Local practices matter. Even if state law permits it, the Wayne County Register of Deeds or recording offices must accept electronically notarized documents or electronic records. Historically, some recorders have refused digital documents unless a certified “tangible copy” is submitted or unless the notary certifies it. Transnation Title Agency+2Snapdocs+2
- From Transnation Title’s write-up: the law states that Registers of Deeds “cannot refuse to record a tangible copy of an electronic record” if the notary certifies it’s an accurate copy. Transnation Title Agency
- The viability in Canton will also depend on whether the notary, title company, lender, and all parties agree to use a state-approved platform and comply with identity verification and audit requirements.
So in Canton, for a closing to be fully digital:
- The signing and notarization must use a state-approved RON platform.
- All parties (buyer, seller, lenders, title company) must agree to proceed electronically.
- The local recording office must accept electronically notarized deeds or use the “certified copy” workaround.
- The transaction must not involve any law or lender rule that mandates a wet signature.
If any of those conditions are not met, a hybrid or in-person closing may still be necessary.
Risks, Prospects & What to Watch
Pros:
- Faster turnaround, especially across distances
- Reduced travel and scheduling hassles
- Cleaner audit trails, tamper-evident signatures
- Potential cost savings
Risks & Limitations:
- Not all lenders or investors accept remote notary closings.
- If the notary or platform is noncompliant, the notarization may be challenged.
- Local recording offices may push back or require paper copies.
- Identity verification protocols must be robust to avoid fraud.
- Parties outside Michigan may face jurisdictional complications.
What to Watch Going Forward:
- The state’s list of approved remote notarization vendors — as more platforms gain approval, adoption is expected to increase. michigannotaryassociation.org+1
- Whether Wayne County (and Canton) explicitly adopts policies facilitating eRecording and accepting eNotarized documents
- Mortgage industry acceptance — some programs (e.g., FHA, VA) may have additional rules
- Federal legislation, such as the proposed SECURE Notarization Act, would standardize interstate RON rules and expand their acceptance. American Land Title Association
Bottom Line
Yes—digital closings are legal in Canton, Michigan, under Michigan law, provided that the entire transaction is positioned within the rules for electronic signatures, remote notarization, and recording. But that doesn’t mean every closing in Canton can be done fully electronically just yet. Parties must use state-approved platforms, ensure that all stakeholders (lender, title, and recorder) participate, and avoid situations governed by laws or rules that require wet-ink signatures.
If you’re considering a digital closing in Canton, here’s what to do:
- Ask your lender and title company whether they support RON closing in Michigan.
- Confirm that the notary and platform have Michigan state approval under MiLONA.
- Verify that Wayne County/Canton’s recorder accepts electronically notarized deeds or certified copies.
- Understand that a hybrid closing (some paper, some digital) may still be more practical in many cases.
If you like, I can check whether the Wayne County Register of Deeds currently accepts fully digital recordings in Canton Township. Do you want me to look that up?