Miss. Code. tit. 36, pt. 201, ch. 3, exh. 36-201-3-A
ELECTRONIC RECORDING
TRUSTED SUBMITTER AGREEMENT
This Trusted Submitter Agreement (the "Agreement") is entered into by and between the ________ County Chancery Clerk and Submitter, whose name and address is set forth below.
By this Application and Agreement, Submitter seeks to become a Trusted Submitter of real estate documents and other recordable documents through an electronic portal.
eRecording is defined based on the level of automation and structure of the transaction. The Chancery Clerk's Office accepts ____________________ transmissions, as defined in Attachment A.
As provided by Rule 1.8, Attorneys, banks, mortgage bankers, title closing companies, title insurance companies, title underwriters, governmental entities, and other trusted entities may submit real property documents for eRecording. eRecording requires a business relationship as well as mutual trust between the Chancery Clerk's Office, the Submitter, and a third party vendor transmitting electronic records. All parties to the eRecording transaction desire to operate and maintain a secure recording system that safeguards parties to recordation from deceit, fraud, and forgery. This Application and Agreement outlines the procedures and practices for the trusted relationship between the Chancery Clerk's Office and all Submitters. Participation in the eRecording program is voluntary and the decision to do so is a business judgment. The Chancery Clerk's Office will continue to receive paper documents to be recorded into the Official Records.
The Chancery Clerk's Office is currently eRecording with the following vendor(s): _____________________
The eRecording Program of the Chancery Clerk's Office is defined by the requirements included in this Application and the Attachments referenced herein, as may be amended (the "eRecording Rules").
Attachment A - Technical Specifications: provides the technical specifications including the format, models of eRecording supported, transmission protocols, and security requirements of the electronic records. All eRecording participants must agree to provide transmissions following the specifications outlined.
Attachment B - Documents and Indexing Specifications: contains the document and indexing specifications for the eRecording Program. For each document type, the expected document code is provided, along with the expected indexing information.
Attachment C - Service Offering and eRecording Reasons for Rejections: contains the processing schedules, hours of operation for the eRecording Program, and reasons for rejection of an eRecorded document.
Attachment D - Payment Options: provides the method(s) of payment which will be accepted by the Chancery Clerk's Office.
These eRecording Rules will stay in effect until notice is given of a pending change. The Chancery Clerk's Office will post the details of any changes on its website and use its best efforts to provide at least fifteen (15) business days advance notice of any changes.
Submitters are expected to abide by Mississippi law. eRecording allows Submitters to prepare, sign, and/or transmit documents and business records in electronic formats. The electronically transmitted documents will be considered the "original" record of the transaction, in substitution for, and with the same intended effect as, paper documents and, in the case that such documents bear a digital or electronic signature, paper documents bearing handwritten signatures.
Submitters are expected to be diligent in ensuring that documents submitted for eRecording have been checked before submission for errors, omissions, scanning defects, illegible areas, and other deficiencies that would affect the ability of the Chancery Clerk's Office to record the document and the public notice to be created thereby.
Submitters are required to attest to the accuracy and completeness of the electronic records and acknowledge responsibility for the content of the documents. Should a dispute or legal action arise concerning an electronic transaction, the Chancery Clerk's Office will be held harmless and will not be liable for any damages.
Submitters are responsible for the costs of the system or services provided by a third party that enables them to meet the requirements of this eRecording Program.
Submitters will immediately notify the Chancery Clerk's Office of any security incident, including, but not limited to, attempts to and/or actual unauthorized access to its pathway which would compromise or otherwise adversely affect the Chancery Clerk's Office data systems.
Submitters will work to ensure that all security measures and credentials implemented are protected. Documents are to be authenticated and transmitted without modification. Submitters are expected to maintain an audit trial of all activity, available to the Chancery Clerk's Office, at its request, to resolve issues or investigate potential fraudulent activity. The audit trail must contain, at a minimum, the following: submitter ID, submitted content at point of receipt from Submitter, submitted content at point of delivery to the Chancery Clerk's Office, dates and times submitted, size, and total fee(s) due.
Submitters are responsible for coordinating all technical problems and issues through the Chancery Clerk's Office.
The Chancery Clerk's Office will attempt to protect the integrity of the recording process through ongoing monitoring of documents received and recorded through eRecording means.
eRecording is one method of transmitting documents to be recorded in the Official Records of the Chancery Clerk. The Chancery Clerk's Office will test and maintain eRecording software and hardware required to operate the eRecording capability. The Chancery Clerk's Office, however, shall be held harmless and will not be held liable for any damages resulting from software or equipment failure and assumes no contractual liability for any damages that may result from such failure.
The Chancery Clerk's Office will apply the same level of diligence in handling documents submitted electronically as those submitted through the traditional manual paper process.
The Chancery Clerk's Office will not incur any liability for the information electronically transmitted by Submitters, including, but not limited to, any breach of security, fraud, or deceit.
The Chancery Clerk's Office and Submitters will attempt, in good faith, to resolve any controversy or claim arising out of or relating to eRecording through negotiation prior to initiating litigation.
The Chancery Clerk's Office may terminate any Submitter's authorization to eRecord documents for any reason.
Documents may be rejected in accordance with Mississippi law, including, but not limited to, the following reasons: document errors, failure to pay the filing or other fees due, the document is not a type the Chancery Clerk's Office is authorized to accept for recording, or the document fails to meet any other applicable legal requirement.
The Chancery Clerk may cease eRecording at any time for any reason as long as fifteen (15) business days notice is provided.
SUBMITTER INFORMATION
Name of Individual or Entity:___________________________________
Street Address:____________________________________________
City, State, Zip:_____________________________________________
Phone Number:_____________________________________________
Person Responsible for administration of electronic recording by Applicant:____________________________________________________
Phone Number:___________________________________ Email:___
Short Description of nature of business:____________________________________________________
_______________________________________________________
By signing below, the Submitter hereby acknowledges that the Submitter understands and will abide by the terms of this Application and Agreement, including Attachments, as may be amended.
Date Signature of Applicant
_______________ ______________
By:
Its: ___________________________
Date __________ County Chancery Clerk
__________________ By:
Its: _________________________
Miss. Code. tit. 36, pt. 201, ch. 3, exh. 36-201-3-A