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Real Property eRecording Law

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In September 2011, Governor Andrew M. Cuomo signed New York’s electronic recording law, which permits electronic recording of instruments affecting real property by recording officers in New York State (Chapter 549 of the Laws of 2011). Starting September 23, 2012, the law’s effective date, recording officers may receive and record digitized paper documents and electronic records affecting real property, such as deeds, mortgages, notes and accompanying documents.

 

The law authorizes the Office of Information Technology Services (ITS), formerly the Office for Technology, as the State’s Electronic Facilitator, to promulgate rules and regulations to support the implementation of electronic recording by local recording officers. To this end, ITS established a focus group, and solicited views of recording officers, representatives of the State’s real property title, legal and banking industries and other interested public officials and private parties throughout the rule-making process. Thanks to the efforts of the focus group, the regulation was adopted on September 19, 2012, and can be viewed here.

 

Among other things, the regulation requires that electronic recording of instruments affecting real property satisfy technical standards and guidelines prescribed by the Property Records Industry Association (PRIA), which are incorporated into the regulation. These are available on the PRIA website at www.pria.us. The PRIA standards and guidelines are the exclusive property of PRIA, which permits their use and distribution in accordance with license restrictions set forth on the PRIA site. Given the highly technical nature and format of these PRIA publications, interested parties should seek assistance from IT professionals in downloading and reading the applicable standards and guidelines. More readable and less technical versions of the PRIA publications concerning electronic recording can be found at PRIA Resources, including http://www.pria.us/i4a/doclibrary/getfile.cfm?doc_id=45 and
http://www.pria.us/i4a/doclibrary/getfile.cfm?doc_id=46

 

You can contact ITS at erecordinglaw@its.ny.gov with regards to the eRecording regulation.