Oklahoma Administrative Code › Title 60 - Archives and Records Commission › Chapter 15 - Administration of Uniform Real Property Electronic Recording Act › Subchapter 3 - Electronic Recording Standards › Section 60:15-3-11 - E-Recording Models

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Electronic recordings, whether as pilot projects or live production
				initiatives, have occurred in many states. From these efforts, three distinct
				models have emerged. The models are referred to as Models 1, 2, and 3. Each has
				distinctive characteristics. Each also brings certain benefits to the
				submitters.
(b) Over time the
				improvements in delivery methods and document formats have improved the
				processes as well. From scanned paper documents, to electronically signed
				images of the documents wrapped with XML data and securely signed, to
				completely electronic, XML-integrated documents using electronic and digital
				signatures, these models bring continuing benefits to participating county
				clerks and document submitters. Ongoing progress with increasing value from
				added benefits are expected as mortgage, legal, and recording industry
				standards are implemented.
(1)
Model 1
				Description.
This model is an extension of the paper-based closing or
				payoff processes. Documents are prepared and printed. The parties sign and
				notarize the paper documents with ink signatures. When complete, the signed and
				notarized paper documents are scanned and electronically sent to the county
				clerk. Transmission is done by the submitting parties logging on to the
				computer system of the county clerk over a secure network after first
				identifying, or authenticating, themselves to the computer of the county clerk.
				The county clerk makes the same determination of recordability as with paper
				documents, visually inspecting them for such things as signatures and
				acknowledgments as well as determining the recording fees. Once the county
				clerk accepts the documents for recording, the scanned image is permanently
				affixed with the recording information, including recording date and time as
				well as the unique recording reference number, such as book and page number or
				instrument number. Indexing is performed by the indexing staff of the office of
				the county clerk, as with paper documents. A copy of the recorded images is
				returned to the submitter, together with the recording endorsement data and
				receipt.
(2)
Model 2
				Description.
Model 2 recordings may be paper or electronic based. A
				document image whether from a scanned paper document signed and notarized by
				'wet ink' signatures or from an electronic document electronically signed and
				notarized, is wrapped in an XML wrapper containing the data necessary for
				processing, indexing, and returning the document. In the case of a scanned
				paper document, Model 2 further extends Model 1 by adding data that improves
				the process, specifically the indexing process in the office of the county
				clerk. In the case of an electronic document, the process begins to improve for
				the settlement agent, lender, or loan servicer submitting the document. The
				model may support one or more of a number of graphics formats. The recordable
				electronic documents are generally delivered to the office of the county clerk
				by whatever means agreed to by the parties as specified in the Business Rules.
				Once imported into the system of the county clerk, the legacy system handles
				the recording functions. In this case the system imports the data from an XML
				wrapper, including index data. The recording process is partially automated,
				but the image may be visually inspected to determine that it meets recording
				requirements as well as possibly to validate against the data in the XML
				wrapper. The indexing data in the embedded image is not linked to the index
				data in the XML, so the county clerk has no automated means to verify that it
				is the same. If a document meets the requirements of the county clerk, it is
				recorded.
(3)
Model 3
				Description.
Under Model 3, documents are generated on a Trusted
				Business Partner's document preparation system according to the PRIA standards.
				The document preparation person logs on to the system and enters the
				information necessary to complete the generation of the document. Once the
				document has been generated, it is signed by an individual with the authority
				to sign. Secure access is required for all parties that must sign the document
				because signing is done by electronic signature. Once the documents are
				electronically prepared, they are released for recording. The document
				preparation system compares each document against recording rules to ensure its
				recordability, and then calculates recording fees. Documents are submitted to
				the office of the county clerk pursuant to the terms of the Business Rules of
				the county clerk. Documents received at the office of the county clerk are
				re-checked against the rules to determine whether or not they may be recorded.
				If not, they are returned to the submitter. Otherwise they are accepted for
				recording and the data for recording is extracted from the documents and passed
				to the legacy recording system. The endorsement data is received from the
				legacy system and entered onto the respective documents in XML format. If
				required, the XHTML is transformed to images for the archives of the county
				clerk and the documents with the recording endorsements are returned to the
				submitter.