Legislation
State: New Mexico
Signed: April 02, 2007
Effective: July 01, 2007
Chapter: 261
SummaryNew Mexico becomes the second state to enact the Uniform Real Property Recording Act in 2007.
AffectsAdds new as yet uncodified sections to the New Mexico Statutes Annotated.
Changes - Enacts the Uniform Real Property Electronic Recording Act (URPERA), which permits county recorders to establish an electronic recording system to record electronic real property documents.
- Tasks the information technology commission and the state commission on public records with the responsibility of creating technical standards for implementing the Act. The members of the commission are provided for in the new law.
- Authorizes the Secretary of State to promulgate rules for electronic notarization of real property records under Section 3(C) of the Act. (Note: Section 3(C) is the standard URPERA provision on notarization.)
AnalysisNew Mexico becomes the second state to enact the Uniform Real Property Recording Act in 2007. New Mexico’s enactment is significant in that it authorizes the Secretary of State to issue administrative rules on electronic notarization of electronic real property instruments — the first such rulemaking provision of its kind — and a model the NNA hopes will be replicated in future enactments of the URPERA. This unique provision ensures that the regulating official in New Mexico most familiar with the duties of Notaries will have the opportunity to publish regulations on electronic notarization.
Read Senate Bill 201.