AL Senate Bill 90 | NNA
Law

AL Senate Bill 90

Notary Law Update: AL Senate Bill 90

State: Alabama

Summary:

Alabama becomes the twenty-second state to enact the Uniform Real Property Electronic Recording Act, enabling county recorders to accept electronic real property documents for recording in conformance with technical standards set by a 14-member Electronic Recording Commission.

Signed:  May 14, 2009

Effective:  January 01, 2010

Chapter: Act No. 2009-510

Affects:

Creates an as yet uncodified section in the Alabama Code

Changes:
  1. Enacts the Uniform Real Property Electronic Recording Act.
  2. Permits a Notary to use an electronic signature to notarize an electronic real property document without affixing an image of the Notary’s official physical seal.
  3. Creates an Electronic Recording Commission with 14 members specified under the new law to promulgate technical standards to implement the act and directs the Commission to consider standards that render electronic documents “resistant to tampering.” 
Analysis:

Alabama becomes the twenty-second state to enact the Uniform Real Property Electronic Recording Act (URPERA), giving probate judges permission to electronically record electronic real property deeds, mortgages, releases and other documents affecting title to real property. The Act creates an Electronic Recording Commission comprised of 6 probate judges and several other members as specified by the statute. In Alabama, judges of probate are the “county recorders” who record real property documents. Alabama’s Electronic Recording Commission is unique among other states that have opted to create a special commission to publish standards for e-recording in that its Commission is not comprised of a majority of recording officials, as in the version of the URPERA originally published by the National Conference of Commissioners on Uniform State Laws. This Commission also lacks a representative of Notaries. The Secretary of State is not a named member of this Commission as in many other states. The Secretary’s only role in the URPERA is to “immediately implement the standards adopted by the Electronic Recording Commission without change” (Section 5).

Read the bill text.

Knowledge Center