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Electronic Recording and Electronic Notarization: Legal Issues and Current Developments

Electronic Recording and Electronic Notarization: Legal Issues and Current Developments. Presentation by Larry Walker Auditor/Controller-Recorder County of San Bernardino, California. Introduction. Electronic Recording (ER) means different things to different people

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Electronic Recording and Electronic Notarization: Legal Issues and Current Developments

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  1. Electronic Recording and Electronic Notarization:Legal Issues and Current Developments Presentation by Larry Walker Auditor/Controller-Recorder County of San Bernardino, California MBA's Legal Issues in Mortgage Technology Conference November 30 – December 2, 2005

  2. Introduction • Electronic Recording (ER) means different things to different people • To accomplish full digital ER, those interests must be dealt with • ER has the potential to respond satisfactorily to all interested parties Presentation by Larry Walker Auditor/Controller-Recorder County of San Bernardino, California

  3. Introduction • Electronic Recording (ER) means different things to different people • To accomplish full digital ER, those interests must be dealt with • ER has the potential to respond satisfactorily to all interested parties Presentation by Larry Walker Auditor/Controller-Recorder County of San Bernardino, California

  4. Background • Government to government digital ER • San Bernardino/Orange Counties pilot ER • Important comment on the evolution of digital ER Presentation by Larry Walker Auditor/Controller-Recorder County of San Bernardino, California

  5. Background • Government to government digital ER • San Bernardino/Orange Counties pilot ER • Important comment on the evolution of digital ER Presentation by Larry Walker Auditor/Controller-Recorder County of San Bernardino, California

  6. Current Legislative and Regulatory Issues in California • AB 578: California’s current law on ER • URPERA – too much, too late? (for now • Bad Timing: the problem with uniformity • AB 578: implementation proceeds at present time Presentation by Larry Walker Auditor/Controller-Recorder County of San Bernardino, California

  7. Current Legislative and Regulatory Issues in California • AB 578: California’s current law on ER • URPERA – too much, too late? (for now • Bad Timing: the problem with uniformity • AB 578: implementation proceeds at present time Presentation by Larry Walker Auditor/Controller-Recorder County of San Bernardino, California

  8. Current Legislative and Regulatory Issues in California • AB 578: California’s current law on ER • URPERA – too much, too late? (for now • Bad Timing: the problem with uniformity • AB 578: implementation proceeds at present time Presentation by Larry Walker Auditor/Controller-Recorder County of San Bernardino, California

  9. Challenge of ER: More dangerous or safer? • Background: law enforcement fears ER • Importance of the notary public in real estate fraud • Importance of Electronic Notarization (EN) to ER • An updated suggestion to make ER safer than recording paper documents Presentation by Larry Walker Auditor/Controller-Recorder County of San Bernardino, California

  10. Challenge of ER: More dangerous or safer? • Background: law enforcement fears ER • Importance of the notary public in real estate fraud • Importance of Electronic Notarization (EN) to ER • An updated suggestion to make ER safer than recording paper documents Presentation by Larry Walker Auditor/Controller-Recorder County of San Bernardino, California

  11. Challenge of ER: More dangerous or safer? • Background: law enforcement fears ER • Importance of the notary public in real estate fraud • Importance of Electronic Notarization (EN) to ER • An updated suggestion to make ER safer than recording paper documents Presentation by Larry Walker Auditor/Controller-Recorder County of San Bernardino, California

  12. Challenge of ER: More dangerous or safer? • Background: law enforcement fears ER • Importance of the notary public in real estate fraud • Importance of Electronic Notarization (EN) to ER • An updated suggestion to make ER safer than recording paper documents Presentation by Larry Walker Auditor/Controller-Recorder County of San Bernardino, California

  13. Challenge of ER: More dangerous or safer? • Background: law enforcement fears ER • Importance of the notary public in real estate fraud • Importance of Electronic Notarization (EN) to ER • An updated suggestion to make ER safer than recording paper documents Presentation by Larry Walker Auditor/Controller-Recorder County of San Bernardino, California

  14. Challenge of ER: More dangerous or safer? • Background: law enforcement fears ER • Importance of the notary public in real estate fraud • Importance of Electronic Notarization (EN) to ER • An updated suggestion to make ER safer than recording paper documents Presentation by Larry Walker Auditor/Controller-Recorder County of San Bernardino, California

  15. Conclusion • Legislative/administrative focus in California is on digitized recording • Private sector is moving forward toward full digital recording • A well-designed EN process can be the foundation for ultimate ER Presentation by Larry Walker Auditor/Controller-Recorder County of San Bernardino, California

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