Electronic Signatures

In September 2011, Governor Andrew M. Cuomo signed New York’s electronic recording law, which permits electronic recording of instruments affecting real property by recording officers in New York State (Chapter 549 of the Laws of 2011). Effective September 23, 2012, recording officers (County Clerks) may receive and record digitized paper documents and electronic records affecting real property, including real property transfer documents such as deeds, mortgages, notes and accompanying documents. You can find additional information regarding this new law at http://www.its.ny.gov/erecordinglaw

The Office of Information Technology Services (ITS) has promulgated rules and regulations to support the implementation of electronic recording by local recording officers. These regulations were adopted on September 19, 2012 and can be found at the following: http://www.its.ny.gov/assets/documents/ProposedeRecordingRegulation.pdf

The regulations require that electronic recording of instruments affecting real property satisfy technical standards and guidelines prescribed by the Property Records Industry Association (PRIA), which are incorporated into the regulation. These are available on the PRIA website at www.pria.us