New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 11 - E-GOVERNMENT › Part 2 - REAL PROPERTY ELECTRONIC RECORDING › Section 1.11.2.9 - ELECTRONIC RECORDING MODELS

Current through Register Vol. 35, No. 13, July 16, 2024
Authorized filers shall submit real property records for
				  electronic filing and recordation utilizing one of three methods described
				  below. The methods are based on levels of automation and transaction structures
				  identified in the PRIA
URPERA
enactment and
				  E-recording standards implementation guide©
utilized nationally
				  to implement electronic recording.
A.
				Method one. An authorized filer transmits to the county clerk a digitized
				(scanned) document of an original document created in paper, signed in ink and
				notarized. The county clerk completes the recording process in the same way as
				paper using the imaged copy as the source document and determines the recording
				fees. Fees are usually paid from an escrow or ACH account the authorized filer
				establishes with the county clerk. Documents may be submitted in batches. Once
				the county clerk accepts the documents for recording the scanned image is
				"burned" 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 clerk's
				office. The recorded image is returned to the authorized filer. Usually a
				recording receipt, together with the recording endorsement data, the authorized
				filer uses the data to create and print a label with the recording endorsement
				information. The label is affixed to the paper document, which is then
				processed as usual by the authorized filer.
B. Method two. An authorized filer transmits
				to the county clerk a digitized (scanned) document of an original document
				created in paper, signed in ink and notarized wrapped in an XML wrapper
				containing the data necessary for processing, indexing and returning the
				document. In the case of a scanned paper document, method 2 further extends
				method 1 by adding data that improves the process, specifically the indexing
				process in the clerk's office. The recordable documents are generally delivered
				to the county clerk's website by whatever means the parties agree, including
				HTTPS, web services, and FTP. Documents may be submitted in batches.
				Authentication of the submitter is required based on an account and personal
				identification number. Digital signatures and certificates may be used. The
				documents are stored in a secure area on the clerk's web site until the clerk's
				system retrieves them. Once imported into the clerk's system, the clerk's
				system handles the recording functions. The system imports the data from an XML
				wrapper, including index data. The indexing process is partially automated, but
				the image must be visually inspected to determine that it meets recording
				requirements as well as possibly to validate against the data in the XML
				wrapper. If a document meets the requirements, it is recorded. The recording
				information is "burned" onto the image and returned to the authorized filer by
				means agreed upon by the parties in a MOU. Fees are paid based on the method
				agreed upon through the MOU, usually fees are paid from an escrow or ACH
				account the authorized filer maintains with the county clerk.
C. Method three. An authorized filer
				transmits to the county clerk digital electronic documents that have been
				created, signed and notarized electronically along with the electronic indexing
				information. Real property documents are typically generated on a vendor's
				document preparation system usually in XHTML format. [Currently the XHTML
				format (XML data - HTML formatting) is used or other similar formats, such as
				MISMO's SMART Doc format or PDF's intelligent document that incorporate the XML
				data and link it to the content displayed.] The submitter logs on to the system
				and enters the information necessary to generate the document. Once the
				document has been generated, the person signs it if he or she has the
				authority, or notifies the person with signing authority to sign. Secure access
				is required for all parties that must sign the document because signing is done
				by digital signature. Once the documents are electronically signed and
				notarized, 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 may be submitted in batches.
				Documents received at the county clerk's system are re-checked against the
				requirements to determine whether or not they may be recorded. If not, they are
				rejected and returned to the authorized filer. Otherwise they are accepted for
				recording and the data for recording is extracted from the documents and passed
				to the county clerk's recording system. The endorsement data is received from
				the clerk's system and entered onto the respective documents usually in XML
				format. Fees are paid based on the method agreed upon through the
				MOU.