SummaryNew York paves the way for electronic recording of real property documents through the enactment of Senate 2373A. The bill permits a recorder to accept digitized paper documents or electronic records signed and notarized with electronic signatures that conform to standards for electronic recording promulgated by the states electronic facilitator.
AnalysisSenate 2373A paves the way for real property records to be submitted in electronic form and recorded in the public land records of New York state. The bill contains provisions derived from the Uniform Law Commissions Uniform Real Property Electronic Recording Act, but is not a strict enactment of the URPERA. Similar to the URPERA, Senate 2373A states that any signature requirement on an electronic real property record is satisfied by an electronic signature of a Notary Public or other person authorized to notarize or take acknowledgments. Also similar to the URPERA, for such records that are electronically signed by a Notary, no physical image of a seal or stamp is required to accompany the electronic signature. The state electronic facilitator is tasked with publishing security standards for electronic recording, and the bill takes effect one year from its enactment date (September 23, 2012).
Read Senate 2373A.