Ernst Publishing Co., LLC
www.ernstpublishing.com 800-345-3822
We are making the following articles and other resources available to all who have an interest in important issues that impact real estate recording, land recording offices, or the real estate industry in general.
For questions, comments or additional information about any of these subjects, contact Carl R. Ernst, Publisher, by E-mail or 480-563-6479.
Latest Update: March 31, 2005
We have set up a site by this name to assemble information about land fraud schemes as it comes to our attention. If you have a story about land fraud in your area and wish to share it with others, please send it to stoplandfraud@ernstpublishing.com.
Latest Update August 1, 2004. NCCUSL Annual Meeting Draft
February 29, 2004. Fifth draft with comments
February 2, 2004. March 2004 meeting announcement.
October 24, 2003. Added 4th draft with comments.
July 2, 2003. Added third draft.
April 26, 2003: Added issues memo for May 2 (second drafting) meeting.
April 16, 2003: Added second draft of the act.
The National Conference of Commissioners on Uniform State Laws, the same people who created the model Uniform Commercial Code enacted by every state, has authorized a committee to draft this act. We are participating in the drafting process as observers on behalf of our subscribers. Materials published by the drafting committee, and other materials we think will be useful to the drafters and those with an interest in this model legislation will be posted here as the process goes forward. We attended the first drafting committee meeting on February 21-22, 2003.
Latest Update
August 1, 2004. Added NCCUSL meeting draft (July 2004).
August 1, 2004. Added fifth draft (May 2004).
August 1, 2004. Added fourth draft (January 2004).
October 24, 2003. Added third draft.
July 2, 2003. Added second draft.
April 17, 2003. Added background materials issued by committee prior to first meeting.
The National Conference of Commissioners on Uniform State Laws has also authorized a committee to address “the need for uniform statutory procedures and remedies dealing with the problem of erroneous and outdated lien information not being removed from real estate titles in a timely manner.”
We are participating in the drafting process as observers on behalf of our subscribers, many of whom are title companies and release preparation specialists who run up against the problem of clearing title when the original mortgagee is nowhere to be found. Materials published by the drafting committee, and other materials we think will be useful to the drafters and those with an interest in this model legislation will be posted here as the process goes forward.
Kate Teal, Esq., our Vice President of Research, is also Co-Chair of the workgroup of the Property Records Industry Association that has been representing the real estate industry and land recorders as observers to the drafting committee.
On February 26, 2003, our Publisher, Carl R. Ernst, facilitated a roundtable discussion of these issues under the auspices of the Property Records Industry Association (PRIA). Approximately 25 people representing the public and private sectors in the real estate industry, federal government officials, Congress and consumer advocates sat at the table. The discussion was audited by 125 others from the public and private sectors in the real estate industry. Materials used in this conference and developed out of it are cataloged here.
Latest Update: August 26, 2003. Added Illinois enacted and California introduced.
August 9, 2003. Added South Dakota and Arizona enacted bills.
July 2, 2003. Added 2003 statutes proposed and enacted.
Beginning in mid-2002, our Publisher, Carl R. Ernst, co-chaired a Military Discharge Records Work group of the Property Records Industry Association (PRIA) that examined this issue on behalf of county recording offices, where over past decades many military discharge papers have been submitted for safekeeping. In most states these papers have not been confidential, so the general public has had access to certain personal information about any veteran who recorded a discharge, including Social Security number and even medical information. It was reported in 2001 that papers obtained from a recording office were used for identity theft. As a result, many state legislatures started in 2002 to enact new confidentiality provisions to apply to these papers. PRIA has taken the initiative through its workgroup to assist legislatures and other interested parties by providing background information on the subject, and by recommending statutory language that deals with the problem in a practical manner.
In cooperation with the National Association of County Veterans Service Officers, the committee assembled information about state statutes that provide for recording of these papers, and, based on a review of the statutes that provide some kind of confidentiality for these papers in the hands of recording offices, has developed a paper listing and discussing the 13 elements that PRIA believes should be a part of such a statute. The paper titled “Model Statute for the Military Discharge Paper (DD214) Confidentiality Problem” and related materials are cataloged here.
E-Sign—The Electronic Signatures in Global and National Commerce Act.
UETA—The Uniform Electronic Transaction Act.
Memo to Draft Committee (1/03)
Policy Issues in 1st Draft (2/03)
Agenda-February 23, 2003 Meeting
Issues Memo for May 2, 2003 Meeting
NCCUSL Annual Meeting Draft (7/04)
Digital Signatures
X509 Certificate—An illustration of a digital certificate in a document.
Digital Trust Certificate Agreement—What you sign to get a signature, including a broken web link.
Digital Trust Certification Practice Statement—What you really agree to when you get, use or depend on a signature.
MBAA Announcement—Establishment of digital signature company accreditation organization.
Fannie Mae and Freddie Mac
Fannie Mae Announcement 02-08 (1/03)—Rules with respect to acceptance of eNotes and eMortgages.
Ingeo
Ingeo Education Series—Well-written summaries the elements of electronic recording, including.
The Three Levels of Electronic Recording
Position Paper on Digital Signatures Laws and Notarization
Property Records Industry Association (PRIA)
The following position papers have been approved by the Property Records Industry Association:
Notary Essentials—notary standard and principles.
Document Formatting Standards—standards for paper documents.
Indexing Report and Appendixes—A model automated indexing system for grantor/grantee names.
Opening Statement—Written form of a statement I presented in outline to drafting committee meeting on February 21, 2003 of the issues as I see them, separated into those appropriate to URPERA and those that are not.
Comments on First Drafting Committee Meeting (Not yet available)—My comments forwarded to committee chair and reporter based on discussion at first meeting, including notes regarding items in my opening statement that are probably not yet contemplated in the second draft.
What is a Conveyance?—An article concerning the varying definition of the term “conveyance” and how it is misused in new legislation.
Components of a Digital Signature (2/03)—Discusses the characteristics of a digital signature and how its effectiveness can be limited.
History of Uniform Notary Legislation
The Fundamental Principles of Acknowledgement
A Rule-Making Provision (2/03)—A form of rule-making provision based on UCC Article 9-526
Committee Members and Observers (3/03)
Hotel Reservation Form (3/03)—Reservation form for Atlanta meeting.
Study Committee Report (4/03)
Statute Reprints (4/03)—Reprints of all state statutes that deal with release of mortgages.
Issues and first draft for discussion (4/03)
NCCUSL Annual Meeting Draft (5/04)
Roundtable Participants—Preliminary list
Full Registration List—Preliminary list
What is Individual Identifying Information?—A list of the categories and types of informant about an individual that might be used to identify that individual.
“If by Whiskey”—A speech that points out the problems caused by differing definitions of a term.
Government Record Access Restrictions—A summary of types of restricts placed on access to government records.
Types of Government Agency Records—A summary of the types of records, including documents and data, that government agencies provide public access to.
Forms of Access to Land Records—A summary of indexing and related issues relative to land recording office records.
Senate Bill S. 228—Social Security Number Misuse Prevention Act (2003).
Virginia H.B. 2426—This legislation restricts the availability of court and land document images on the Internet.
As introduced in House (1/8/03)
As amended in Senate (2-13/03—Not Final)
North Carolina—HB 1627 (2002) Removal of Discharge Documents and Redacting of Certain Information on Discharge Documents.
Typical State Non-Disclosure Statute—A rough copy of the Idaho version of the type of state statute that excludes certain types of records, documents, etc. from full, unrestricted, public disclosure.
New Hampshire Supreme Court—Opinion in …Boyer v. Docusearch…, Case No. 2002-255, February 18, 2003.
State of Maine Judicial Branch—
Santa Clara (CA) Superior Court—Administrative decision in early February 2003 to redact date of birth from publicly available microfiche index of criminal records. The idea was that only on request would the clerk of court look up the information. The decision was reversed by the end of February.
Use and Management of Criminal History Record Information: A Comprehensive Report, 2001 Update—Issued by US Department of Justice
Guidelines for Public Access to Court Records—Developed by the National Conference of State Courts and related entitles to provide guidance to state courts in developing policies. See also http://www.courtaccess.org/modelpolicy/ for history of the project.
US Dept. of Justice v. Reporters Committee (US Supreme Court, 489 US 749, 1989)—Opinion that discusses availability of compilations of public records and of computerized public records.
Appraisal Institute—Privacy Issues Site
Appraisers as Financial Institutions—Appraisal Institute Article (added 3/2/2003)
Summary of Gramm-Leach-Bliley Privacy Requirements—Appraisal Institute Memorandum (added 3/2/2003)
The FNC Guide for Mortgage Lenders and Appraisers
Public Records on the Internet: The Privacy Dilemma—Beth Givens, Privacy Rights Clearinghouse
New York Times Article (10/13/2002)—“Easy Access to Public Records Online Raises Privacy Questions”
State Agency Online Public Records Chart
Article—Montana recording offices change from free to subscription service for access to documents. Real Estate Data Insight Newsletter (to subscribe, click on www.redipub.com) (5/03)
The following papers have been approved by the Property Records Industry Association:
Notary Essentials—notary standard and principles.
Document Formatting Standards—standards for paper documents.
Indexing Report and Appendixes—A model automated indexing system for grantor/grantee names.
“Model Statute for the Military Discharge Paper (DD214) Confidentiality Problem” (4/03)—Go to PRIA web site, click on “Publications” to download a copy of the recommended statute and related materials.
State Statutes—Updated (7/03)
National Association of County Veterans Service Officers (4/03)—Web site resource for information about enacted and proposed state statutes.
Rev. 4/12/07 AE
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