eRecording eXcellence Resources

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What is eRecording?

What are the eRecording Models?

What are the Benefits of eRecording for a Recorder?

What are the Benefits of eRecording for a Submitter?

What are simple pros and cons of eRecording?

Is it Legal To eRecord?

 

What is eRecording?

eRecording is a method of delivering and returning documents electronically from a submitter to the recorder. The actual recording of the document is still done by the recorder in their software system.

What are the eRecording Models?

There are three different methods, called models, that a document may be electronically recorded. The models differ on the way in which documents and data are delivered and returned from the recorder.

  • Model 1: paper originals/wet ink signatures and minimal data submitted as a image, like a fax.
  • Model 2: paper originals*/wet ink signatures* indexing data submitted as a image, like a fax, but with more information such as indexing (* = “usually” but not required).
  • Model 3: fully electronic documents, including signatures & notary.

What are the Benefits of eRecording for a Recorder?

  • Speed
  • Lower cost (less staff time spent)
  • Rejection resolution
  • Faster, more assured money
    • Go ACH Debit only!
  • Back to customer faster (typically hours versus days)

What are the Benefits of eRecording for a Submitter?

  • Speed
  • Lower costs
  • Document Control / Tracking
  • Fee Rejections
  • Rejection Resolution
  • Reporting

What are simple pros and cons of eRecording?

Pros

  • Timeliness
  • Reduced costs
    • eRecording vendor charge vs. mailing costs
    • Instant remediation
    • Electronic payments
  • Risk Management
    • Retention of originals
    • Tracking is expedited: No need to ‘GPS’ paper documents

Cons

  • System integration with possibility of issues and down time
  • eRecording not available everywhere!

Is it Legal To eRecord?

The Uniform Electronic Transactions Act (UETA) is one of the several acts proposed by the Uniform Law Commission (ULC), formerly the National Conference of Commissioners on Uniform State Laws.  Since it was approved in 1999, 47 States, the District of Columbia and the U.S. Virgin Islands have adopted it into their own laws.  The only states that have not adopted UETA are Illinois, New York and Washington.  The purpose of UETA was to provide the legal framework for the use of electronic signature and records in government or business transactions.  UETA makes electronic records and signatures as legal as paper and manually signed signatures.  Thus, UETA makes it legal to eRecord. 

Some states and individuals thought there needed to be additional protections and laws for land record documents.  So the ULC approved the Uniform Real Property Electronic Recording Act (URPERA) in 2004.  It has now been enacted in 26 states, the District of Columbia and the U.S. Virgin Islands.  In case there was any question, URPERA reaffirms that it is legal to eRecord. 

For more on the legalities of eRecording, click here.

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