URPERA Effective This Month in Washington State
  Posted: Jun 05 2008 | Washington | Print Article |

Effective June 12, Washington joins the growing number of states that have adopted the Uniform Real Property Electronic Recording Act (URPERA). Gov. Chris Gregoire signed House Bill 2459 into law on March 18.

URPERA states that any requirements of state law describing or requiring that a document be an original, on paper or in writing are satisfied by a document in electronic form. Furthermore, any requirement that the document contains a signature or acknowledgment is satisfied by an electronic signature or acknowledgment. The act specifically authorizes a recorder, at the recorder's option, to accept electronic documents for recording and to index and store those documents electronically.

URPERA was drafted by the National Conference of Commissioners on Uniform State Law (NCCUSL) and approved by the American Bar Association (ABA) in 2004. No state is required to adopt a uniform or model law; however, NCCUSL's uniform and model laws provide states with the basis for legislation that promotes uniformity among the states.

State Passes Uniform Real Property Electronic Recording Act
  Posted: Apr 03 2008 | Washington | Print Article |

On March 18, Washington became the 16th state to adopt the Uniform Real Property Electronic Recording Act (URPERA) when Gov. Chris Gregoire signed House Bill 2459 into law. The new law, which goes into effect on June 12, states that if a law requires a document to be on paper or another tangible medium, or in writing, or signed before it can be recorded, the requirement is satisfied by an electronic document. Also, if a document or a signature associated with a document must be notarized, acknowledged, verified, witnessed, or made under oath before it can be recorded, the requirement is satisfied if an electronic signature and all other required information are attached to or logically associated with the document or signature.

The secretary of state will create and appoint an electronic recording standards commission that will make recommendations for rules necessary to implement the new law. In doing so, the commission and the secretary must consider how best to keep the standards and practices of recording officers in Washington in harmony with those in other jurisdictions.

URPERA is a uniform law drafted by the National Conference of Commissioners on Uniform State Laws (NCCUSL) that provides county clerks and recorders the legal authority to prepare for electronic recording of real property instruments. The act creates legislation authorizing land records officials to begin accepting records in electronic form, storing electronic records, and setting up systems for searching for and retrieving these land records. States are not required to pass URPERA, nor must recorders use electronic recording if a state passes URPERA.