Posted by PAW on 5/2/09 7:52am
Msg #287096

Call for information

With the emergence of e-signings, e-notarizations and e-recordings taking on a resurgence in some areas, I'm trying to compile a list of states and counties that accept e-filings. Many counties already accept Level 1 e-recordings, quite a few accept Level 2 and only a handful accept Level 3. However, there has not been any definitive list, that I can find, showing what counties accept what. In order to compile a list, I am asking everyone to call their county recorders office and ask them which level of e-recordings they accept. If it's not Level 3, ask them when they anticipate accepting Level 3 e-Recordings. Please send that information to me as [e-mail address].

For a description and understanding of the different levels, you can view/download a PDF document prepared by Fidlar Seminars (http://seminars.fidlar.com/erecording.asp) from my website: http://pawnotary.com/documents/eRecording.Overview.pdf

Reply by Michelle/AL on 5/2/09 8:04am
Msg #287097

I should be able to get you something for N. Alabama

by the end of next week, PAW.

Reply by PAW on 5/2/09 8:36am
Msg #287100

Thank you. n/m

Reply by Stamper_WI on 5/2/09 8:29am
Msg #287099

Many states have a Register of deeds Assoc.
Here is the page that has the WI list

http://www.wrdaonline.org/RealEstateRecords/ElectronicRecording.htm#COUNTIES%20ACCEPTING%20DOCUMENTS%20FOR%20RECORDING%20ELECTRONICALLY:

Reply by PAW on 5/2/09 8:39am
Msg #287101

Thank you ...

Thanks, Zana, but that information is 3 years out of date. Hopefully by now, the counties that didn't have e-Recording capability at any level (Oshkosh and Eau Claire) have at least Level 2. WI has been on the forefront of the e-Recording effort, with most counties already accepting Level 3.

Reply by Stamper_WI on 5/2/09 8:48am
Msg #287102

Well Dang!

Guess I'll have to call the counties over here.

Reply by jojo_MN on 5/2/09 11:48pm
Msg #287122

Re: Well Dang!

La Crosse is one, plus there are at least 20 others in Wisconsin according to this link:http://www.co.la-crosse.wi.us/Minutes%20and%20Agendas/CertResolutionsOrdinances/2008/Nov/Res63-11-08.pdf

Reply by jojo_MN on 5/2/09 11:49pm
Msg #287123

La Crosse County, WI levels II and III n/m

Reply by Stamper_WI on 5/3/09 10:03am
Msg #287132

Good Sleuthing Jojo

Wonder if its in effect yet? They approved it last fall.

Reply by jojo_MN on 5/3/09 5:00pm
Msg #287160

Re: Good Sleuthing Jojo

If it's not, it will be soon. Supposedly it is going to be mandatory for the entire state as of July 1 of this year.

Reply by RickG/CA on 5/2/09 9:51am
Msg #287104

Inquiries Sent to Calif Counties of...

El Dorado, Sacramento, Placer and Yolo.

Will send responses upon receipt. I trust you'll make available on your website or otherwise as needed.

Thank you for your efforts.

Reply by PAW on 5/2/09 10:13am
Msg #287105

Re: Inquiries Sent to Calif Counties of...

Thank you Rick. Yes, I will make the list available, posted on my website and/or other sites.

Reply by Gary_CA on 5/2/09 10:19am
Msg #287106

I'll get Santa Cruz, Monterey and maybe San Benito CA

I'm not sure about San Benito, they may not have telephones installed yet, but if they do I'll call to ask about e-signings...hmmm... I'll lay ya 5:1 that's a no.

Reply by davidK/CA on 5/2/09 11:58am
Msg #287108

Reply to PAW

In my small mind I believe that it is just as important to understand how the esigning process will work in getting the documents electronically signed.

Here in Alameda County CA currently only some of the documents are available for electronic signing so there is still a large proportion of documents that are still printed on paper and manually signed just like it was always done before. The Recorder only gets a few documents such as the Deed of Trust (the equivalent of a Mortgage elsewhere) to record, the rest are still hand signed and notarized but not recorded (ex: Limited POA/Correction Agreement, SNA).

How we as NSAs will have our role changed in the future is still a big mystery, especially when you consider that Notarial Law is still almost totally a state by state function.

Reply by PAW on 5/2/09 12:18pm
Msg #287109

Re: Reply to PAW

I fully agree, David, but whether or not docs get e-signed is a lender/title company decision. In my opinion, it would be next to impossible to compile a list of companies that can and do offer e-signings, especially as more and more of them do it.

It is important that the notary understand what the recorder can accept when they are called for an e-signing. A full paperless transaction, meaning e-signed and e-notarized, where applicable, documents, plus e-recorded deeds, mortgages and other recordable documents. If a notary is called for an e-signing in the future, it may just be for a completely paperless transaction, in which case the county recorder would need to accept Level 3 documents. Many lenders and title companies, especially those that are not local to the county the property is in, may not be aware of the status of the county to accept e-recordings. Just as the NSA is prudent to know their laws concerning spousal rights, knowing what their county (or counties) can and can't do when it comes to the recording of the documents allows the NSA to ask intelligent questions to the hiring agency, or, at least, to the title company. It just might save a botched signing.

Reply by PAW on 5/2/09 12:20pm
Msg #287110

Re: I'll get Santa Cruz, Monterey and maybe San Benito CA

Gary, I suggest you not ask about "e-signings", but specifically ask about "e-Recordings". There is a major difference, especially from the recorder's perspective. The words you use are extremely critical.

Reply by Gary_CA on 5/3/09 9:23am
Msg #287131

Will do. n/m

Reply by RickG/CA on 5/4/09 1:34pm
Msg #287213

Re: Inquiries Sent to Calif Counties of...

No love from said counties. Only items accepted for eRecording is Calif State tax liens (developed by the the state of course)

Reply by John_NorCal on 5/2/09 2:41pm
Msg #287113

Got a call into San Mateo county recorder. Will advise you n/m

Reply by John_NorCal on 5/2/09 3:08pm
Msg #287115

Have also contacted San Francisco n/m

Reply by OR on 5/2/09 4:56pm
Msg #287117

Re: Sent PAW PM n/m

Reply by Stoli on 5/4/09 9:34am
Msg #287198

-----Original Message-----
[e-mail address]]
Sent: Saturday, May 02, 2009 8:56 AM
To: [e-mail address]
Subject: Question - Use of Electronic Seal - County of Sacramento


There is currently a heavy volumn of e-signings, and many of the vendors are asking the notaries public to use an electronic notary seal. Has the use of electronic seals been approved by the SOS for use in the State of California?

Katrina Arnaud
Notary Public
------------------------------------------
Dear Ms. xxx,

Yes, you can use an electronic notary public seal. However, when using an electronic seal you must also meet all the requirements of a paper notarization.

Brenda O'Connell
Notary Public Section

Reply by Stoli on 5/4/09 12:36pm
Msg #287206

Sacramento County - No

Sacramento County does not have a system in place to accept e-recordings
at this time. We do accept eliens from the Franchise Tax Board through
a system they have developed.

Donna Allred
Sacramento County Clerk/Recorder
Chief Deputy Clerk/Recorder
(916) 874-7855 Fax (916) 874-9082