Mississippi Administrative Code › Title 36 - Technology › Part 201 - Electronic Recording Commission Rules and Standards › Chapter 3 - Declaratory Opinions › Exhibit 36-201-3-A

Current through June 25, 2024
ELECTRONIC RECORDING
TRUSTED SUBMITTER AGREEMENT
This Trusted Submitter Agreement (the "Agreement") is entered
				  into by and between the ________ County Chancery Clerk and Submitter, whose
				  name and address is set forth below.
By this Application and Agreement, Submitter seeks to become
				  a Trusted Submitter of real estate documents and other recordable documents
				  through an electronic portal.
1.
Electronic Recording (eRecording):
eRecording is defined based on the level of automation and
				  structure of the transaction. The Chancery Clerk's Office accepts
				  ____________________ transmissions, as defined in Attachment A.
2.
Program
				Eligibility:
As provided by Rule
				  1.8, Attorneys, banks, mortgage
				  bankers, title closing companies, title insurance companies, title
				  underwriters, governmental entities, and other trusted entities may submit real
				  property documents for eRecording. eRecording requires a business relationship
				  as well as mutual trust between the Chancery Clerk's Office, the Submitter, and
				  a third party vendor transmitting electronic records. All parties to the
				  eRecording transaction desire to operate and maintain a secure recording system
				  that safeguards parties to recordation from deceit, fraud, and forgery. This
				  Application and Agreement outlines the procedures and practices for the trusted
				  relationship between the Chancery Clerk's Office and all Submitters.
				  Participation in the eRecording program is voluntary and the decision to do so
				  is a business judgment. The Chancery Clerk's Office will continue to receive
				  paper documents to be recorded into the Official Records.
The Chancery Clerk's Office is currently eRecording with the
				  following vendor(s): _____________________
3.
County Requirements:
The eRecording Program of the Chancery Clerk's Office is
				  defined by the requirements included in this Application and the Attachments
				  referenced herein, as may be amended (the "eRecording Rules").
Attachment A - Technical Specifications:
provides the technical specifications including the format, models of
				  eRecording supported, transmission protocols, and security requirements of the
				  electronic records. All eRecording participants must agree to provide
				  transmissions following the specifications outlined.
Attachment B - Documents and Indexing
				  Specifications:
contains the document and indexing specifications for
				  the eRecording Program. For each document type, the expected document code is
				  provided, along with the expected indexing information.
Attachment C - Service Offering and eRecording Reasons
				  for Rejections:
contains the processing schedules, hours of operation
				  for the eRecording Program, and reasons for rejection of an eRecorded
				  document.
Attachment D - Payment Options:
provides the
				  method(s) of payment which will be accepted by the Chancery Clerk's
				  Office.
These eRecording Rules will stay in effect until notice is
				  given of a pending change. The Chancery Clerk's Office will post the details of
				  any changes on its website and use its best efforts to provide at least fifteen
				  (15) business days advance notice of any changes.
4.
eRecording Submitter
				Responsibilities:
Submitters are expected to abide by Mississippi law.
				  eRecording allows Submitters to prepare, sign, and/or transmit documents and
				  business records in electronic formats. The electronically transmitted
				  documents will be considered the "original" record of the transaction, in
				  substitution for, and with the same intended effect as, paper documents and, in
				  the case that such documents bear a digital or electronic signature, paper
				  documents bearing handwritten signatures.
Submitters are expected to be diligent in ensuring that
				  documents submitted for eRecording have been checked before submission for
				  errors, omissions, scanning defects, illegible areas, and other deficiencies
				  that would affect the ability of the Chancery Clerk's Office to record the
				  document and the public notice to be created thereby.
Submitters are required to attest to the accuracy and
				  completeness of the electronic records and acknowledge responsibility for the
				  content of the documents. Should a dispute or legal action arise concerning an
				  electronic transaction, the Chancery Clerk's Office will be held harmless and
				  will not be liable for any damages.
Submitters are responsible for the costs of the system or
				  services provided by a third party that enables them to meet the requirements
				  of this eRecording Program.
Submitters will immediately notify the Chancery Clerk's
				  Office of any security incident, including, but not limited to, attempts to
				  and/or actual unauthorized access to its pathway which would compromise or
				  otherwise adversely affect the Chancery Clerk's Office data systems.
Submitters will work to ensure that all security measures and
				  credentials implemented are protected. Documents are to be authenticated and
				  transmitted without modification. Submitters are expected to maintain an audit
				  trial of all activity, available to the Chancery Clerk's Office, at its
				  request, to resolve issues or investigate potential fraudulent activity. The
				  audit trail must contain, at a minimum, the following: submitter ID, submitted
				  content at point of receipt from Submitter, submitted content at point of
				  delivery to the Chancery Clerk's Office, dates and times submitted, size, and
				  total fee(s) due.
Submitters are responsible for coordinating all technical
				  problems and issues through the Chancery Clerk's Office.
5.
Chancery Clerk's
				Responsibilities:
The Chancery Clerk's Office will attempt to protect the
				  integrity of the recording process through ongoing monitoring of documents
				  received and recorded through eRecording means.
eRecording is one method of transmitting documents to be
				  recorded in the Official Records of the Chancery Clerk. The Chancery Clerk's
				  Office will test and maintain eRecording software and hardware required to
				  operate the eRecording capability. The Chancery Clerk's Office, however, shall
				  be held harmless and will not be held liable for any damages resulting from
				  software or equipment failure and assumes no contractual liability for any
				  damages that may result from such failure.
The Chancery Clerk's Office will apply the same level of
				  diligence in handling documents submitted electronically as those submitted
				  through the traditional manual paper process.
6.
General Understandings:
The Chancery Clerk's Office will not incur any liability for
				  the information electronically transmitted by Submitters, including, but not
				  limited to, any breach of security, fraud, or deceit.
The Chancery Clerk's Office and Submitters will attempt, in
				  good faith, to resolve any controversy or claim arising out of or relating to
				  eRecording through negotiation prior to initiating litigation.
The Chancery Clerk's Office may terminate any Submitter's
				  authorization to eRecord documents for any reason.
Documents may be rejected in accordance with Mississippi law,
				  including, but not limited to, the following reasons: document errors, failure
				  to pay the filing or other fees due, the document is not a type the Chancery
				  Clerk's Office is authorized to accept for recording, or the document fails to
				  meet any other applicable legal requirement.
7.
Termination:
The Chancery Clerk may cease eRecording at any time for any
				  reason as long as fifteen (15) business days notice is provided.
SUBMITTER INFORMATION
Name of Individual or
				  Entity:___________________________________
Street
				  Address:____________________________________________
City, State,
				  Zip:_____________________________________________
Phone
				  Number:_____________________________________________
Person Responsible for administration of electronic recording
				  by Applicant:____________________________________________________
Phone Number:___________________________________
				  Email:___
Short Description of nature of
				  business:____________________________________________________
_______________________________________________________
By signing below, the Submitter hereby acknowledges
				  that the Submitter understands and will abide by the terms of this Application
				  and Agreement, including Attachments, as may be amended.
Date Signature of Applicant
_______________ ______________
By:
Its: ___________________________
Date __________ County Chancery Clerk
__________________ By:
Its: _________________________
Miss. Code Ann.§
										25-43-2.105
				  (Rev. 2006).