South Carolina Code of Regulations › Chapter 113 - SECRETARY OF STATE › Article 3 - UNIFORM REAL PROPERTY RECORDING ACT › Section 113-310 - Electronic Recording Models

Current through Register Vol. 48, No. 6, June 28, 2024
For registers that elect to offer electronic recording,
				authorized filers shall submit real property records for electronic filing and
				recordation utilizing one of three methods described below as allowed by the
				individual recorder. The methods are based on levels of automation and
				transaction structures identified in the PRIA URPERA Enactment and E-recording
				Standards Implementation Guide(c) utilized nationally to implement electronic
				recording.
A. Method One. An
			 authorized filer transmits to the register a digitized (scanned) document of an
			 original document created in paper, signed in ink and notarized. The register
			 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
			 register. Documents may be submitted in batches. Once the register 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 register'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 register 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 register's office. The recordable documents are
			 generally delivered to the register'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 register's web site
			 until the register's system retrieves them. Once imported into the register's
			 system, the register'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
			 register.
C. Method Three. An
			 authorized filer transmits to the register 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 register'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 register's recording system. The
			 endorsement data is received from the register's system and entered onto the
			 respective documents usually in XML format. Fees are paid based on the method
			 agreed upon through the MOU.