New Jersey Administrative Code › Title 15 - STATE › Chapter 3 - RECORDS RETENTION › Subchapter 9 - RULES REGARDING ELECTRONICALLY SUBMITTED DOCUMENTS AFFECTING REAL PROPERTY IN THE OFFICES OF NEW JERSEY COUNTY CLERKS AND REGISTERS OF DEEDS AND MORTGAGES › Section 15:3-9.2 - Definitions

Current through Register Vol. 56, No. 14, July 15, 2024
The following words and phrases, as used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:
"ACH" or "automated clearing house" means the network processing and delivery system that provides for the distribution and settlement of electronic credits and debits among financial institutions administered and subject to rules of the National Automated Clearing House Association (NACHA) and the Federal Reserve Board.
"Authentication," "authenticated," or "authenticate" means the act or effect of tying an action or result to the person claiming to have performed the action. "Authentication" generally requires a password or encryption key to perform and the process will fail if the password or key is incorrect.
"Business requirements" means the information, steps, and process required by any individual county recorder for accepting submissions of electronic documents for recording.
"County recorder" means the county clerk or register of deeds and mortgages, as appropriate to each county.
"Cover sheet" means a physical document that provides summary information concerning a real property transaction and subject to the requirement described in this subchapter.
"Division" means the New Jersey Division of Archives and Records Management or its successor agency.
"Electronic document" means a document that is received by a county recorder, in an electronic form, meeting the document standards of this subchapter.
"Electronic document package" means a set of documents or information in electronic form that is transmitted to the county recorder; the package may be described as a technical specification of how the documents or information should be organized in electronic media for interchange between the county recorder and the trusted submitter or transmitting party.
"Electronic document submission system" means the computer program, and the hardware components that host it, that receives electronic documents and electronic document packages submitted for recording.
"Electronic recording" or "eRecording" means the indexing and insertion of electronic documents received and accepted by county recorders into the permanent repository of records of the counties of this State.
"Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.
"Electronic submission" means the reception by the county recorder of an electronically transmitted document or electronic document package.
"Electronic synopsis" means information required and formatted in a manner specified in this subchapter that can be read by a county recorder's electronic document submission system.
"Electronic transmission" means an electronic communication not directly involving the physical transfer of a document in a tangible medium and that may be retained, retrieved, and reviewed by the submitter and the county recorder, and that may be directly reproduced in a tangible medium.
"Formatting" means the appearance or attributes of the document.
"Land records management system" means the computer software or electronic system used by a county recorder's office to index and store both document images and searchable attributes that identify the document.
"MISMO" means the Mortgage Industry Standards Maintenance Organization, a subsidiary of the Mortgage Bankers Association (MBA), Washington, DC. Information on MISMO and MISMO standards can be found at
www.mismo.org
.
"Portable Document Format" or "PDF" means a file format created by Adobe Systems, Inc. that uses the PostScript printer description language to create documents. PDF files capture the appearance of the original document, can store both text and images, are difficult to modify, and can be rendered with free, cross-platform viewer software.
"Portal" or "web portal" means a website considered as an entry point to other websites, often by being or providing access to useful content, as well as functioning as a gateway to other web locations.
"PRIA" means the Property Records Industry Association. PRIA is a not-for-profit association representing business and government members of the property records industry.
"Reception" means the receiving of the electronic document(s).
"Recording fee" means any fee or tax imposed by statute, chargeable or receivable by the county recorder as a prerequisite to recording a document.
"Submitter" means the person or entity that originates an electronic submission or delivers it to the transmitting party for transmission to the county recorder.
"Tagged Image File Format" or "TIFF" means a non-proprietary, defined file format for storing bit-mapped images.
"Third-party service" means a company that consolidates or aggregates electronic submissions from individual submitters and submits them electronically to the county recorder.
"Transmitting party" means the person or entity that electronically transmits an electronic document to the county recorder. This can be the submitter, but is often a service that specializes in transmitting electronic documents to a county recorder.
"Trusted submitter" means a party that has a trusted submitter agreement accepted by and on file with the county recorder in order to record documents electronically.
"Trusted Submitter Agreement" means the agreement to be signed by any party who wishes to become a trusted submitter.