Current through Register Vol. 35, No. 6, March 26, 2024
A filer shall apply to a participating county clerk to be
enrolled in the participating county clerk's electronic filing and recording
program.
A. The authorized filer and a
participating county clerk shall enter into a memorandum of understanding (MOU)
relating to the terms and conditions of participation in the county clerk's
electronic filing and recording program. The provisions of the MOU shall be
consistent with 1.11.2 NMAC and the Uniform Real Property Electronic Recording
Act. At a minimum the MOU shall address the items described immediately below.
(1) Instruments permitted to be filed
electronically. The agreement shall identify the types of real property records
permitted to be filed electronically, which may be amended from time to time by
the clerk.
(2) Payment of filing
fees. The MOU shall require the payment of recordation taxes, recording fees or
clerk's fees assessed by statute, and establish the manner and method of such
payment.
(3) Notarization. The MOU
shall provide that electronic real property recordings shall comply with
requirements for notarization pursuant to New Mexico statutes and rules adopted
by the secretary of state.
(4)
Notification of submission for recordation. The MOU shall provide that the
clerk shall issue to the authorized filer an electronic or other written
notification that the electronic document has been received by the clerk. The
notification shall include the date and time of the receipt of the electronic
instrument.
(5) Notification of
rejection. The MOU will provide that the electronic instruments submitted for
recordation shall be rejected if they fail to meet 1.11.2 NMAC image or
file-format specifications and security requirements; comply with New Mexico
statute requirements; or comply with the requirements established by the county
clerk for electronic recording of real property records.
(6) Transmittal sheet requirements. The MOU
shall provide that authorized filers shall comply with transmittal sheet
requirements outlined in Subsection C of 1.11.2.10 NMAC.
(7) The MOU shall establish an effective date
and duration of the MOU or conditions for termination.
(8) Authorized filer contact information. The
MOU shall require authorized filers to provide full information of persons to
contact, including an administrative contact person and an information
technology contact person.
(9)
Liabilities and responsibilities of the authorized filer. The MOU shall require
authorized filers to be responsible for keeping their encryption keys secure
pursuant to Subsection D of 1.11.2.11 NMAC and for establishing internal
controls to assure the security of the private key is not compromised and shall
charge them with the responsibility to notify the clerk's office of a
compromise to address any breach of internal controls.
(10) Breach of agreement by authorized filer.
If an authorized filer fails to take immediate corrective and remedial action
for any security compromise, the clerk may revoke the authorized filer's
privileges to file electronically.
B. A participating county clerk may include
in the MOU other procedures and requirements consistent with 1.11.2 NMAC in
order to implement fully an electronic filing and recording program.
