mba's legal issues in mortgage technology conference november 30 – december 2, 2005...

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MBA's Legal Issues in Mortgage Technology Conference November 30 – December 2, 2005 Electronic Recording and Electronic Notarization: Legal Issues and Current Developments Presentation by Larry Walker Auditor/Controller-Recorder County of San Bernardino, California

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Page 1: MBA's Legal Issues in Mortgage Technology Conference November 30 – December 2, 2005 Electronic Recording and Electronic Notarization: Legal Issues and

MBA's Legal Issues in Mortgage Technology Conference November 30 – December 2, 2005 MBA's Legal Issues in Mortgage Technology Conference November 30 – December 2, 2005

Electronic Recording and Electronic Notarization:

Legal Issues and Current Developments

Presentation byLarry WalkerAuditor/Controller-RecorderCounty of San Bernardino, California

Page 2: MBA's Legal Issues in Mortgage Technology Conference November 30 – December 2, 2005 Electronic Recording and Electronic Notarization: Legal Issues and

Introduction

A. Electronic Recording (ER) means different things to different people

B. To accomplish full digital ER, those interests must be dealt with

C. ER has the potential to respond satisfactorily to all interested parties

Presentation byLarry WalkerAuditor/Controller-RecorderCounty of San Bernardino, California

Page 3: MBA's Legal Issues in Mortgage Technology Conference November 30 – December 2, 2005 Electronic Recording and Electronic Notarization: Legal Issues and

Introduction

A. Electronic Recording (ER) means different things to different people

B. To accomplish full digital ER, those interests must be dealt with

C. ER has the potential to respond satisfactorily to all interested parties

Presentation byLarry WalkerAuditor/Controller-RecorderCounty of San Bernardino, California

Page 4: MBA's Legal Issues in Mortgage Technology Conference November 30 – December 2, 2005 Electronic Recording and Electronic Notarization: Legal Issues and

Background

A. Government to government digital ER

B. San Bernardino/Orange Counties pilot ER

C. Important comment on the evolution of digital ER

Presentation byLarry WalkerAuditor/Controller-RecorderCounty of San Bernardino, California

Page 5: MBA's Legal Issues in Mortgage Technology Conference November 30 – December 2, 2005 Electronic Recording and Electronic Notarization: Legal Issues and

Background

A. Government to government digital ER

B. San Bernardino/Orange Counties pilot ER

C. Important comment on the evolution of digital ER

Presentation byLarry WalkerAuditor/Controller-RecorderCounty of San Bernardino, California

Page 6: MBA's Legal Issues in Mortgage Technology Conference November 30 – December 2, 2005 Electronic Recording and Electronic Notarization: Legal Issues and

Current Legislative and Regulatory Issues in

CaliforniaA. AB 578: California’s current law on ER

B. URPERA – too much, too late? (for now

C. Bad Timing: the problem with uniformity

D. AB 578: implementation proceeds at present time

Presentation byLarry WalkerAuditor/Controller-RecorderCounty of San Bernardino, California

Page 7: MBA's Legal Issues in Mortgage Technology Conference November 30 – December 2, 2005 Electronic Recording and Electronic Notarization: Legal Issues and

Current Legislative and Regulatory Issues in

CaliforniaA. AB 578: California’s current law on ER

B. URPERA – too much, too late? (for now

C. Bad Timing: the problem with uniformity

D. AB 578: implementation proceeds at present time

Presentation byLarry WalkerAuditor/Controller-RecorderCounty of San Bernardino, California

Page 8: MBA's Legal Issues in Mortgage Technology Conference November 30 – December 2, 2005 Electronic Recording and Electronic Notarization: Legal Issues and

Current Legislative and Regulatory Issues in

CaliforniaA. AB 578: California’s current law on ER

B. URPERA – too much, too late? (for now

C. Bad Timing: the problem with uniformity

D. AB 578: implementation proceeds at present time

Presentation byLarry WalkerAuditor/Controller-RecorderCounty of San Bernardino, California

Page 9: MBA's Legal Issues in Mortgage Technology Conference November 30 – December 2, 2005 Electronic Recording and Electronic Notarization: Legal Issues and

Challenge of ER: More dangerous or safer?

A. Background: law enforcement fears ER

B. Importance of the notary public in real estate fraud

C. Importance of Electronic Notarization (EN) to ER

D. An updated suggestion to make ER safer than recording paper documents

Presentation byLarry WalkerAuditor/Controller-RecorderCounty of San Bernardino, California

Page 10: MBA's Legal Issues in Mortgage Technology Conference November 30 – December 2, 2005 Electronic Recording and Electronic Notarization: Legal Issues and

Challenge of ER: More dangerous or safer?

A. Background: law enforcement fears ER

B. Importance of the notary public in real estate fraud

C. Importance of Electronic Notarization (EN) to ER

D. An updated suggestion to make ER safer than recording paper documents

Presentation byLarry WalkerAuditor/Controller-RecorderCounty of San Bernardino, California

Page 11: MBA's Legal Issues in Mortgage Technology Conference November 30 – December 2, 2005 Electronic Recording and Electronic Notarization: Legal Issues and

Challenge of ER: More dangerous or safer?

A. Background: law enforcement fears ER

B. Importance of the notary public in real estate fraud

C. Importance of Electronic Notarization (EN) to ER

D. An updated suggestion to make ER safer than recording paper documents

Presentation byLarry WalkerAuditor/Controller-RecorderCounty of San Bernardino, California

Page 12: MBA's Legal Issues in Mortgage Technology Conference November 30 – December 2, 2005 Electronic Recording and Electronic Notarization: Legal Issues and

Challenge of ER: More dangerous or safer?

A. Background: law enforcement fears ER

B. Importance of the notary public in real estate fraud

C. Importance of Electronic Notarization (EN) to ER

D. An updated suggestion to make ER safer than recording paper documents

Presentation byLarry WalkerAuditor/Controller-RecorderCounty of San Bernardino, California

Page 13: MBA's Legal Issues in Mortgage Technology Conference November 30 – December 2, 2005 Electronic Recording and Electronic Notarization: Legal Issues and

Challenge of ER: More dangerous or safer?

A. Background: law enforcement fears ER

B. Importance of the notary public in real estate fraud

C. Importance of Electronic Notarization (EN) to ER

D. An updated suggestion to make ER safer than recording paper documents

Presentation byLarry WalkerAuditor/Controller-RecorderCounty of San Bernardino, California

Page 14: MBA's Legal Issues in Mortgage Technology Conference November 30 – December 2, 2005 Electronic Recording and Electronic Notarization: Legal Issues and

Challenge of ER: More dangerous or safer?

A. Background: law enforcement fears ER

B. Importance of the notary public in real estate fraud

C. Importance of Electronic Notarization (EN) to ER

D. An updated suggestion to make ER safer than recording paper documents

Presentation byLarry WalkerAuditor/Controller-RecorderCounty of San Bernardino, California

Page 15: MBA's Legal Issues in Mortgage Technology Conference November 30 – December 2, 2005 Electronic Recording and Electronic Notarization: Legal Issues and

Conclusion

A. Legislative/administrative focus in California is on digitized recording

B. Private sector is moving forward toward full digital recording

C. A well-designed EN process can be the foundation for ultimate ER

Presentation byLarry WalkerAuditor/Controller-RecorderCounty of San Bernardino, California