NM Senate Bill 201 | NNA
Law

NM Senate Bill 201

Notary Law Update: NM Senate Bill 201

State: New Mexico

Summary:

New Mexico becomes the second state to enact the Uniform Real Property Recording Act in 2007.

Signed:  April 02, 2007

Effective:  July 01, 2007

Chapter: 2007-261

Affects:

Adds new as yet uncodified sections to the New Mexico Statutes Annotated

Changes:
  1. 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.
  2. 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.
  3. 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.)
Analysis:

New 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 the bill text.

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