New Mexico Administrative Code › Title 1 - GENERAL GOVERNMENT ADMINISTRATION › Chapter 11 - E-GOVERNMENT › Part 2 - REAL PROPERTY ELECTRONIC RECORDING › Section 1.11.2.10 - MEMORANDUM OF UNDERSTANDING

Current through Register Vol. 35, No. 13, July 16, 2024
A filer shall apply to a participating county clerk to be
				  enrolled in the participating county clerk's electronic filing and recording
				  program.
A. The authorized filer and a
				participating county clerk shall enter into a memorandum of understanding (MOU)
				relating to the terms and conditions of participation in the county clerk's
				electronic filing and recording program. The provisions of the MOU shall be
				consistent with 1.11.2 NMAC and the Uniform Real Property Electronic Recording
				Act. At a minimum the MOU shall address the items described immediately below.
(1) Instruments permitted to be filed
				electronically. The agreement shall identify the types of real property records
				permitted to be filed electronically, which may be amended from time to time by
				the clerk.
(2) Payment of filing
				fees. The MOU shall require the payment of recordation taxes, recording fees or
				clerk's fees assessed by statute, and establish the manner and method of such
				payment.
(3) Notarization. The MOU
				shall provide that electronic real property recordings shall comply with
				requirements for notarization pursuant to New Mexico statutes and rules adopted
				by the secretary of state.
(4)
				Notification of submission for recordation. The MOU shall provide that the
				clerk shall issue to the authorized filer an electronic or other written
				notification that the electronic document has been received by the clerk. The
				notification shall include the date and time of the receipt of the electronic
				instrument.
(5) Notification of
				rejection. The MOU will provide that the electronic instruments submitted for
				recordation shall be rejected if they fail to meet 1.11.2 NMAC image or
				file-format specifications and security requirements; comply with New Mexico
				statute requirements; or comply with the requirements established by the county
				clerk for electronic recording of real property records.
(6) Transmittal sheet requirements. The MOU
				shall provide that authorized filers shall comply with transmittal sheet
				requirements outlined in Subsection C of 1.11.2.10 NMAC.
(7) The MOU shall establish an effective date
				and duration of the MOU or conditions for termination.
(8) Authorized filer contact information. The
				MOU shall require authorized filers to provide full information of persons to
				contact, including an administrative contact person and an information
				technology contact person.
(9)
				Liabilities and responsibilities of the authorized filer. The MOU shall require
				authorized filers to be responsible for keeping their encryption keys secure
				pursuant to Subsection D of 1.11.2.11 NMAC and for establishing internal
				controls to assure the security of the private key is not compromised and shall
				charge them with the responsibility to notify the clerk's office of a
				compromise to address any breach of internal controls.
(10) Breach of agreement by authorized filer.
				If an authorized filer fails to take immediate corrective and remedial action
				for any security compromise, the clerk may revoke the authorized filer's
				privileges to file electronically.