MN House File 3516

Legislation

State: Minnesota
Signed: April 25, 2008

Effective: July 01, 2008
Chapter: 238

Summary

Minnesota enacts the Uniform Real Property Electronic Recording Act effective July 1, 2008, and establishes an Electronic Real Estate Recording Commission to promulgate standards for electronic recording in the state. H.F. 3516 also repeals the former electronic recording pilot program that was operative in the state since 2000.

Affects

Creates new Sections 507.0941 to 507.0948 of the Minnesota Statutes

Changes

Enacts the Uniform Real Property Electronic Recording Act (URPERA), enabling county recorders to accept electronic documents for recordation in the land records.
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.
Creates an Electronic Real Property Recording Commission under the Legislative Coordinating Commission to publish standards to implement the Act. Urges the Commission to consider standards making e-documents tamper-resistant.
Repeals the prior electronic recording pilot program that was in force since 2000.

Analysis

Since 2000, Minnesota allowed electronic recording of real property documents under a pilot program enacted by the Minnesota Legislature. Several counties participated in the pilot. By now enacting the URPERA, the former pilot program is repealed. However, an amendment to MS 507.24 which is part of this bill specifically states that documents electronically recorded in conformance with the standards created under the pilot program meet the requirements for recordation. The law gives the Electronic Real Property Recording Commission that is constituted under URPERA authority to adopt or amend the standards created for electronic recording under the pilot program on a permanent basis.

Read House File 3516.