Electronic Recording Delivery Act of 2004
Cal. GOV § 27397.5
California Statutes
(
a) A county recorder may include in the county’s electronic recording delivery system a secure method for accepting for recording a digital or digitized electronic record that is an instrument of reconveyance, substitution of trustee, or assignment of deed of trust. (
b) A county recorder may contract with a title insurer, as defined in
Section 12340.4 of the Insurance Code, underwritten title company, as defined in
Section 12340.5 of the Insurance Code, an entity of state, local, or federal government, or an institutional lender, as defined in
Section of the Financial Code, or their authorized agents, to be an authorized submitter of the documents specified in subdivision (a). (
c) With respect to the electronic submission of the records described in subdivision (a), the requirements that an authorized submitter be subject to a security audit under
Section and a criminal records check under
Section shall not apply where the certification requirements of subdivision (
d) have been met. (d)
(1) In order for subdivision (
c) to apply, the county recorder and the Attorney General shall certify that the method of submission allowed under the system will not permit an authorized submitter or its employees and agents, or any third party, to modify, manipulate, insert, or delete information in the public record, maintained by the county recorder, or information in electronic records submitted pursuant to subdivision (
b) of
Section 27391.
(2) Certification under this
section may be withdrawn by either the county recorder or the Attorney General at any time either determines that the requirements of this subdivision are not met. (
e) For purposes of this section, an agent of an authorized submitter shall not include a vendor of electronic recording delivery systems.