Current through Reg. 49, No. 38; September 20, 2024
(a) An agreement of
understanding between a participating county clerk and an authorized filer
shall include information required by the participating county clerk in order
to provide electronic notice of confirmation or rejection of an electronic
filing and subsequent recording, or if such electronic notice is not possible,
by telephone or facsimile. The agreement of understanding shall address the
following:
(1) All electronic submissions
shall generate an acknowledgment of receipt to an authorized filer indicating
that the instrument has been filed, but not recorded by the participating
county clerk. The acknowledgment of receipt shall include the identity of the
receiving county clerk, date and time of the instrument's receipt (which is the
county clerk's official receipt date/time), and a county clerk-assigned
instrument reference number (i.e., transaction number).
(2) When a participating county clerk
provides acknowledgment of receipt of an instrument filed electronically, the
instrument is considered to have been filed in compliance with the applicable
regulations and laws relating to filing of an instrument with the county
clerk.
(3) A notice of confirmation
of recording or a notice of rejection for recording shall be provided by a
participating county clerk to an authorized filer no later than the first
business day after the instrument is filed electronically pursuant to the Local
Government Code, §RSA 195.004<subdiv>(a)</subdiv>.
(4) A notice of confirmation shall include
recording information for the instrument accepted for recording and shall
identify the instrument accepted for recording, as provided in the
agreement.
(5) A notice of
rejection shall include a brief explanation of the reason or reasons for
rejection and shall identify the instrument rejected for recording, as provided
in the agreement.
(6) If a
participating county clerk complies with the notice provisions of the
agreement, the failure of an authorized filer to receive notice of confirmation
or rejection of filing and subsequent recording shall not affect the validity
of the confirmation or rejection.
(b) The authorized filer shall be responsible
for returning the original instrument to the party or parties entitled to it
after notice of confirmation of recording is received by the authorized filer
and for providing to such party or parties the recording information set forth
in the notice of confirmation from the participating county clerk.
(c) A participating county clerk may allow
the concurrent submission of an index of real property records filed
electronically with the corresponding electronically filed
instruments.
(d) If a participating
county clerk permits an electronically filed index of real property records,
and the authorized filer submits an electronic index, the following
requirements shall be met:
(1) The index
shall show the same information that may be required by state law for an index
to the same record if it is not filed electronically.
(2) Indexing fields and field syntax shall be
provided by the participating county clerk to enable authorized filers, who
choose to do so, to transmit that information in as complete a form as
possible.
