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Subject: Re: Electronic Real Estate Records
From: "Daniel W. Noonan, MLS, CDIA+" <[log in to unmask]>
Reply-To:Records Management Program <[log in to unmask]>
Date:Wed, 6 Dec 2006 14:07:29 -0500
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Many states now allow such transactions.  Those that may not is likely due
to the way their recordation laws are written.  I recently left the State of
New Jersey where I had worked with the County Clerks and Registers of Deeds
offices in implementing e-Filing systems that would adhere to State
regulations.  New Jersey is somewhat hamstrung by a recordation law that
requires a "bound book" thereby making the purely electronic tansaction not
yet viable.  There is pending legislation to correct t his defect.  However,
due to a 1994 law that allows the image processing public records, so long
as the system adhere's to a set of strict technical and records management
policy guidleines, Clerks and Registers of deeds in New Jersey can accept
image processed documents or what is know as a Level II filing.  

The reality is even if the New Jersey (or any other state) Legislature
passes a law tomorrow, most clerks' and registers' back offices systems are
not yet ready to accept the purely electronic Level III transaction.  For
the time being most e-Filing will involve some form of image processing,
whether it is the actual scanning of a document of the conversion on the fly
from a word processed or xml file.

A good example of a shared services collaborative project in this realm is
the New Jersey County Recording Portal
(http://www.njcountyrecording.com/njcr/home.aspx), which was initiated by
the Monmouth County Clerk's Office.

Thanks -- Dan

######
Daniel W. Noonan, MLS, CDIA+
Electronic Records Manager/Archivist
University Archives
The Ohio State University
600 Ackerman Road, Room 5822
Columbus, OH 43202 
614.247.2425
[log in to unmask]
http://library.osu.edu/sites/archives/ 

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