Electronic Recording Law:

NCCUSLs Uniform Real Property Electronic Recordation Act (URPERA)

Property Records Industry Association (PRIA) 2004 Winter Conference
Washington Convention Center
Washington, DC February 25-26, 2004

E-Commerce: Brief Legal History

1995 - 2003

State E-Signature Laws State E-Recording Laws -

e.g., Utah; 46 States e.g., CA, WA, VA

State E-Notarization Laws - e.g., FL (repealed in 99),

GA, UT, AZ, WI, MN, NV, WA

1999-2003 NCCUSLs UETA - 43 States + DC

2000 Federal E-SIGN 2003 NCCUSLs URPERA

State E-Recording Laws

California (1995)

Virginia

Task Forces
Vermont California Texas Florida Utah Minnesota Washington South Dakota Colorado Iowa Michigan Wisconsin Connecticut

(1996; amended in 2002)

Washington (1997) Arizona (1999)

Texas

(1999)
(1999) (1999) (2000)

Missouri

Arkansas Iowa

Tennessee Colorado

(introduced in 2000 & 2001) (2002)

E-Recording Legal Issues

State Recording Statutes State eNotarization Statutes/Requirements

UETA vs. ESIGN

Trusted Party/Trading Partner Agreements

Agreements re Electronic Payment

(for Recording Fees)

Uniformity of State Recording Statutes NCUSSL - URPERA

THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS 211 East Ontario Street, Suite 1300, Chicago, Illinois 60611 (312) 915-0195, Fax (312) 915-0187

HISTORY
Since its first meeting in 1892, the Conference has drafted more than 200 uniform laws on numerous subjects and in various fields of law, setting patterns for uniformity across the nation. Uniform acts include the Uniform Probate Code, the Uniform Child Custody Jurisdiction Act, the Uniform Partnership Act, the Uniform Anatomical Gift Act, the Uniform Limited Partnership Act, and the Uniform Interstate Family Support Act. Most significant was the 1940 Conference decision to attack major commercial problems with comprehensive legal solutionsa decision that set in motion the project to produce the Uniform Commercial Code. The Code took ten years to complete and another 14 years before it was enacted across the country. It remains the signature product of the Conference. Today the Conference is recognized primarily for its work in commercial law, family law, the law of probate and estates, the law of business organizations, health law, and conflicts of law. It rarely drafts law that is regulatory in nature.
Copyright 2003 By NCCUSL

URPERA First Draft

SECTION 1. TITLE SECTION 2. DEFINITIONS SECTION 3. PRIMARY ELECTRONIC RECORDING SYSTEM

Copyright 2003 By NCCUSL

SECTION 4. DOCUMENT ENTRY INTO ELECTRONIC RECORDING SYSTEM

SECTION 5. BACKUP OF INFORMATION AND SECURITY

SECTION 6. ACCESS TO INFORMATION SECTION 7. ELECTRONIC LAND RECORDS INDEX SECTION 8. ELECTRONIC DOCUMENT RECORD SECTION 9. PARCEL IDENTIFIER NUMBERS SECTION 10. CHANGES TO PARCEL IDENTIFIER NUMBERS SECTION 11. ELECTRONIC DOCUMENTS SECTION 12. STANDARD FORMATTING; TECHNOLOGY PROCESSES;

URPERA First Draft

SECTION 13. RECORDING ELECTRONIC DOCUMENT SECTION 14. PAPER DOCUMENTS SECTION 15. RECORDING PAPER DOCUMENTS SECTION 16. RECORDING IN PRIMARY SYSTEM

Copyright 2003 By NCCUSL

SECTION 17. CONFIRMATION OF RECORDING IN PRIMARY SYSTEM

SECTION 18. OTHER ENTRIES INTO ELECTRONIC RECORDING SYSTEM SECTION 19. CORRECTING DOCUMENT SECTION 20. COORDINATION WITH OTHER OFFICES SECTION 21. UNIFORM COMMERCIAL CODE FILINGS SECTION 22. RECORDING FEES AND TAXES SECTION 23. SEARCHING PROCESS SECTION 24. ACCESS TO SEARCH; PAYMENT OF FEES

URPERA First Draft

[SECTION 26. CONVERSION OF PRIOR DOCUMENTS]

Copyright 2003 By NCCUSL

SECTION 27. [REGULATIONS] [RULES]

SECTION 28. REAL PROPERTY RECORDS DIRECTOR SECTION 29. RECORDING AND NOTICE SECTION 30. UNIFORMITY OF APPLICATION AND CONSTRUCTION SECTION 31. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT

URPERA Second Draft

Copyright 2003 By NCCUSL

SECTION 1. TITLE SECTION 2. DEFINITIONS SECTION 3. ACCEPTANCE OF ELECTRONIC DOCUMENTS SECTION 4. ACCEPTANCE OF PAPER DOCUMENTS SECTION 5. ELECTRONIC DOCUMENT RECORDING REQUIREMENTS SECTION 6. VERIFICATION OF ELECTRONIC DOCUMENTS SECTION 7. PARCEL IDENTIFIER NUMBERS SECTION 8. CONVERSION OF PRIOR DOCUMENTS SECTION 9. COORDINATION WITH OTHER OFFICES SECTION 10. SATISFACTION OF CONDITIONS PRECEDENT TO RECORDING SECTION 11. RECORDING; PAYMENT OF FEES AND TAXES SECTION 12. ACCESS TO SEARCH; PAYMENT OF FEES SECTION 13. SECURITY AND BACKUP OF ELECTRONIC RECORDING SYSTEM SECTION 14. ELECTRONIC DOCUMENT RECORDING COMMISSION SECTION 15. UNIFORMITY OF APPLICATION AND CONSTRUCTION SECTION 16. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT

URPERA Third Draft

SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SYSTEM SECTION SECTION 1. 2. 3. 4. 5. 6. 7. 8. 9.

Copyright 2003 By NCCUSL

TITLE DEFINITIONS ELECTRONIC DOCUMENTS PAPER DOCUMENTS ELECTRONIC DOCUMENT RECORDING [GUIDELINES] [REGULATIONS] VERIFICATION SATISFACTION OF CONDITIONS PRECEDENT TO RECORDING FEES [AND TAXES] SECURITY AND PRESERVATION OF ELECTRONIC RECORDING

10. UNIFORMITY OF APPLICATION AND CONSTRUCTION 11. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT

URPERA Fourth Draft

SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SECTION SYSTEM SECTION 1. 2. 3. 4. 5. 6. 7. 8. 9.

Copyright 2003 By NCCUSL

TITLE DEFINITIONS ELECTRONIC DOCUMENTS PAPER DOCUMENTS ELECTRONIC DOCUMENT RECORDING [GUIDELINES] [REGULATIONS] VERIFICATION SATISFACTION OF CONDITIONS PRECEDENT TO RECORDING FEES [AND TAXES] SECURITY AND PRESERVATION OF ELECTRONIC RECORDING

10. UNIFORMITY OF APPLICATION AND CONSTRUCTION

URPERA Issues

Scope Paper vs Electronic Documents Recording Systems

eSignatures/eNotarization/eAcknowledgement

Sect. 5 Conundrum Electronic Document Recording Guidelines/Regs.

Thank You !

Q&A
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