Proposed Regulations for E-Recording of Land Records Released

Last September, Governor Andrew Cuomo ended New York’s distinction as the only state that did not allow electronic recording of land records such as deeds and mortgages by signing into law Chapter 549 of the Laws of 2011 permitting the electronic recording of instruments affecting real property.¹ In an effort to ensure consistency, the New York State Office for Technology (OFT) was named to facilitate the enactment of rules and regulations supporting electronic recording when it begins in late September of this year.²

Earlier this year, OFT reached out to various professional organizations representing stakeholders in the electronic recording process including the New York State Bar Association, the New York State Land Title Association, the New York State Association of County Clerks, the New York Bankers Association and the New York State Realtors Association. In addition, OFT invited various state offices³ touched by electronic recording to join the discussion. Representatives from these professional organizations and state offices formed a focus group that supported OFT in the drafting of rules and regulations for electronic recording.