36 Miss. Code. R. 201-1.6 - Models of eRecording

Electronic Documents shall conform to the following models:

(A) Model 1: Trusted Submitters will transmit scanned images of original ink-signed documents to the office of the Chancery Clerk. The office of the Chancery Clerk completes the recording process in the same way as paper using the imaged copy as the source document. Once the Chancery Clerk accepts the documents for recording, the scanned image is "burned" with the recording information, including recording date and time as well as the unique recording reference number, such as instrument number. Indexing is performed by the indexing staff of the Chancery Clerk's office, as with paper documents. A copy of the recorded images is returned to the Trusted Submitter, together with the recording endorsement data.

(B) Model 2: Trusted Submitters will transmit scanned images of ink-signed documents or an Electronic Document electronically signed and notarized, along with data necessary for processing, indexing, and returning the document, to the office of the Chancery Clerk. The office of the Chancery Clerk performs an electronic examination of the imaged document and indexing data, and then completes the recording process using the imaged copy and electronic indexing information. The electronic version of the recorded document is returned to the Trusted Submitter, together with the recording endorsement data.

(C) Model 3: Trusted Submitters will transmit documents which have been created, signed and notarized electronically containing the electronic indexing information, or SMART" documents which are a single object containing the electronic version of the document in such a way that enables the electronic extraction of data from the object. SMART" documents are required to be signed and notarized electronically. Electronic Signatures must comply with the Uniform Electronic Transaction Act (UETA). The office of the Chancery Clerk performs an electronic examination of the Electronic Documents and indexing information, then completes the recording process using the Electronic Documents. Images of electronic and SMART" documents are made and returned to the Trusted Submitter along with recording endorsement data.

(D) However, Model 3 documents are acceptable only to the extent that they have been electronically notarized within a state which has enacted laws governing electronic notarizations and has promulgated rules effectuating the same.

Notes

36 Miss. Code. R. 201-1.6

Section 5 (a) and (c), HB 599, 2011 Regular Session of the Mississippi Legislature, as approved by the Governor.