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Electronic Recording - “A View from 30,000 feet” Presented to WLIA March 14, 2002
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by Mark Ladd Racine County Register of Deeds PRIJTF XML ER Workgroup DTD Chair
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Legislative History 1997 Wisconsin Act 306 137.06(1) “…any document that requires a manual, facsimile or other form of signature…may be signed or given effect with an electronic signature…” Electronic Signatures in Global and National Commerce Act (S.761) Broader language than Wisconsin’s statute Pre-emptive of state’s legislation Tied to “UETA” Uniform Electronic Transactions Act Provides framework for electronic transactions
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Characteristics of Current ER Models Model 1Model 2Model 3 “Draw-down” or escrow account for payment “Draw-down” / escrow account or debit account Recorder transmits recorded TIFF (“burned”) copy to preparer accessed via electronic vault “Draw-down” or escrow account for payment System produces recorded XHTML file for preparer; converts recorded XHTML file to TIFF for storage Recorder exams, records and stores TIFF; automated indexing by extracting XML data (QC process only) Recorder transmits recorded TIFF (“burned”) copy; label data sent also for paper docs All processes can be automated, including examination and indexing; or, Recorder can choose manual processing. Traditional processing; but no paper. Recorder exams, records, indexes and stores TIFF images. Title - Closing Agent / Lender; 2 files TIFF images and XML data encrypted Title companies / loan closers scans paper & transmits images Digital Signatures & Certificates (signers, notary and Recorder) Electronic Signatures (holographic signing/stylus and e-pad) Ink Signatures (borrowers and notary) 1 Electronic File: Lien Releases XHTML = XML data + HTML format Electronic Loan Closings Electronic Documents (TIFF Images) Paper Closings UETA / E-SIGN / WA State Law UETA / E-SIGN legal framework CA / AZ State Recording Statute Salt Lake County, UT Thurston County, WA Broward County, FL Oakland, M I Orange County, CA Maricopa County, AZ T-1 Line/VPN (CA) and VPN (AZ)Digital Sig and Cert (Closing Agent and Recorder) / SSL (Transmission) Digital Signatures and Certificates SSL (Transmission) Title Companies prepare lien releases XHTML = XML data + HTML format WHERE LAW Document Type Signature Type Security Preparer Payment Recorder Recorded Document © Copyright 2002 PRIJTF
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E-Mortgages E-Recording Benefits Reduces recording time / improves throughput Reduces errors due to re-keying of data Reduces costs to all parties Improves productivity Reduces document fraud Standardizes processes and formats “Smart” documents feed processes and systems Uses open and non-proprietary systems and formats Improves customer service and satisfaction
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“Even if you’re on the right track, you’ll get run over if you just sit there.” Will Rogers
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“Citizens, becoming more aware of the power of the Web, are no longer willing to accept the idea that government service should be slow or confusing.” Bill Gates, Business @ the Speed of Thought
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“It is not necessary to change. Survival is not mandatory.” W. Edwards Deming
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Standards Development All models based on XML technology XML is a programming protocol that allows a community of interest to define its own language about its data MISMO PRIJTF XML ER Workgroup Legal XML 3 Major Efforts Underway
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Wisconsin Vision Level 3 Satisfactions Assignments Mortgages Deeds
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When Will the Train Leave the Station? Standards development is complete enough for programmers to make design decisions. Racine and Washington counties plan to implement.
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