N.J. Admin. Code § 15:3-9.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 15:3-9.4 - Standards

(a) General technical standards and implementation for recording of electronic submissions is as follows:

1. Electronic documents and electronic document packages shall be submitted in a manner consistent with the business requirements, technology, and technical standards for the submission of electronic documents adopted by the Property Records Industry Association. Information on PRIA and the specific requirements and standards are found on the PRIA website at: www.pria.us.

2. The following standards for document formatting and document data fields promulgated by PRIA are incorporated herein by reference, as amended and supplemented, and available via the PRIA Resource Library at www.pria.us:

i. PRIA Request Version 2.4.2;

ii. PRIA Response Version 2.4.2;

iii. Document Version 2.4.1;

iv. Notary Version 2.4.1;

v. eRecording XML Implementation Guide for Version 2.4.1, Revision 2;

vi. URPERA Enactment and eRecording Standards Implementation Guide, January 2006;

vii. PRIA "Electronic Recording Security Considerations," adopted by the PRIA Board on July 6, 2009;

viii. PRIA "Models of eRecording: A Continuum of Electronic Recording Updated," adopted by the PRIA Board on July 14, 2009; and

ix. PRIA "Position Paper: e-Document Index Data," adopted by the PRIA Board on March 28, 2012.

3. County recorders may adopt, change, or revoke policies to provide the data and transmission elements and attributes of the electronic document submission system used by the county recorder to permit submitters to design applications to submit directly to the system, not inconsistent with existing laws or rules.

(b) Use of internet-based systems is as follows:

1. An electronic submission delivered over the Internet shall provide a minimum amount of information sufficient to identify and authenticate the submitter to the county recorder, while also itemizing the contents of the package.

2. Payment processing services shall be determined by the county recorder and any third-party service provider used by the county recorder, and may include credit cards, ACH, escrow accounts, electronic checks, the Federal Reserve Wire Network (FedWire) transfer, a bank wire transfer, or other payment methods and are subject to N.J.A.C. 5:30-9, Government Electronic Receipt Acceptance.

(c) Security standards are as follows:

1. The county recorder shall implement procedures and requirements in order to ensure the security of the electronic submission process, including the authenticity and integrity of the electronic documents, the maintenance of the public record, and the use of a portal, if chosen as the means for electronic document delivery. Such procedures and requirements must be consistent with 46:26A-1 et seq., and 46:26C-1 et seq., and this chapter.

2. All electronic documents must be secured in such a way that both the transmitting and receiving parties are assured of each other's identity and that no unauthorized party can view or alter the electronic document during transmission, processing, and delivery. The security measures identified in Chapter 6 of the PRIA eRecording XML Implementation Guide, as appropriate to the recording procedures used by the county recorder shall satisfy this requirement.

3. The electronic submission system, the land records management system, and a third-party servicer, if chosen as the medium for electronic document delivery, shall not permit any unauthorized party to modify or alter, access, manipulate, insert, or delete information, without detection, in the submitted electronic document or electronic document package received by the county recorder. This requirement shall not prevent a county recorder from, with approval of a submitter, making index and marginal notations to a recorded document in the public record in order to facilitate its recordation.

4. The electronic submission system, the land records management system, and a portal, if chosen as the medium for electronic document delivery, shall be designed to protect against system and security failures; in addition, these systems shall provide for backup, disaster recovery, and audit trail mechanisms.

5. If a breach in security is detected by the county recorder, submitter, transmitting party, or portal company or operator, the other parties shall be notified immediately.

6. PRIA's "Electronic Recording Security Considerations" document serves as guidance to the types of issues that need to be considered as part of a comprehensive security analysis of systems and processes. This document also provides a sample methodology that can be utilized by organizations as a self-assessment security tool.

(d) Electronic signatures. County recorders are only required to accept electronic signatures that are consistent with this subchapter and are supported by the technology in use by the county recorder. County recorders have no responsibility to authenticate electronic signatures embedded within the body of a document.

N.J. Admin. Code § 15:3-9.4

Adopted by 46 N.J.R. 2177(a), effective 11/3/2014.