HomeMy WebLinkAboutTom Daly - Orange County Clerk-Recorder - 2009-09-14 0
TOM DALY
Clerk-Recorder
ORANGE COUNTY
HALL OF RECORDS AND FINANCE
12 CIVIC CENTER PLAZA,ROOM 101 P.O.BOX 238,SANTA ANA,CALIFORNIA 92702-0238
PHONE(714)834-2248 FAX(714)834-2675
www.00RECORDER.COM
ELECTRONIC RECORDING
MEMORANDUM OF UNDERSTANDING
This memorandum of Understanding dated
is between the Orange County Clerk-Recorder and
��recording electronically in Orange County.
For purposes of this memorandum of understanding, Electronic Recording is
defined as:
a. The transmission of real property documents in electronic format by an
authorized title company, mortgage banker, full service bank official or
other trusted entity over an internet connection to the Recorder's Office
in Santa Ana and,
b. The County Clerk-Recorder's deputized examiners will perform a
document examination using the same procedures and standards as
those used by conventional methods of recording. A confirmation will
be transmitted back to the party requesting the recording that indicates
the recording has been completed. This confirmation does include the
recording endorsement.
C. In cases of documents rejected in the recording process, return of the
rejected imaged documents along with the explanatory notice to the
title company, mortgage banker, full service bank or other trusted entity
over the same internet connection and subsequently the transmission
back to the Recorder's Office with the appropriate corrections having
been made prior to the 4:00 p.m. recording deadline.
In general, it is understood that:
a. All state licensed title companies, mortgage bankers, full service banks
or other trusted entities doing business in Orange County and/or
serving Orange County residents are eligible to participate in the
Electronic Recording Program.
b. Participation in the Electronic Recording Program is voluntary and the
decision to do so is a business judgment. Companies electing not to
participate will receive service at the same level prevailing at outset of
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the program in May 1997, though it is understood that by definition
Electronic Recording is much faster than conventional recording
methods.
c. Participating in Electronic Recording will require meeting the necessities
for recording electronically as prescribed by the County.
RECITALS
WHEREAS, Government Code section 27279.1 allows the Orange
County Clerk-Recorder to accept electronically recorded documents in lieu of
written paper documents, provided it is in the best interest of Orange County
and public, and
WHEREAS, the Clerk-Recorder has determined that it is in the best
interest of the County to accept electronically recorded documents inasmuch
as it evens out the daily workflow in the office reducing overtime and related
costs while elevating the level of recording service to the highest in the nation,
and
WHEREAS, since its inception in May, 1997, Electronic Recording in
Orange County has grown from just four participating companies submitting a
few hundred documents a day to 175 companies submitting an average of
2,500 documents daily and the total number of electronically recorded
documents now successfully exceeds 4.4 million, and
WHEREAS, County residents and taxpayers as well as the title
insurance companies, mortgage bankers, full service banks or other trusted
entities benefit economically and operationally by electronic recordation, and,
WHEREAS, Electronic Recording mandates a close daily working
relationship as well as mutual trust between the Clerk-Recorder's Office and
company officials, and
WHEREAS, company officials share with the Clerk-Recorder the need
to operate and maintain a secure recording system that safeguards parties to
recordation from deceit, fraud and forgery, and
WHEREAS, company officials will ensure that only original documents
holding original signatures that are properly notarized are submitted for
Electronic Recording, and
WHEREAS, the County Clerk-Recorder may from time-to-time update
the system to enhance and improve system security as deemed necessary
for the benefit of Orange County citizens.
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NOW, THEREFORE, the parties hereto agree as follows;
1. Terms
This Memorandum of Understanding shall become effective upon the
signature of parties and shall remain in effect unless terminated by one party
in accordance with this Memorandum.
2. Eligibility
A participant who electronically records documents must be either a licensed
title insurer, as defined in section 12340.4 of the Insurance Code, or a
licensed underwritten title company, as defined in Section 12340.5 of the
Insurance Code or a mortgage bank with $4.billion outstanding in real estate
loans, a full service bank or other trusted entities serving the citizens of
Orange County and approved by the Clerk-Recorder.
Scope of Services
A. County Clerk-Recorder
1. The Clerk-Recorder will record documents submitted electronically by the
participating company in lieu of written paper.
2. The Clerk-Recorder will issue one cybercard to the submitting company to
access the system free of charge at the time of initial installation.
3. Documents will be accepted for recording in the Clerk-Recorder's Office from
7:30 a.m. to 4:00 p.m. (Pacific Time) on all regularly scheduled working days.
Any documents submitted after 4:00 p.m. will be recorded the next business
day.
4. Documents submitted electronically will be examined for suitability for
recording by certified document examiners who will follow procedures and
standards identical to those employed in conventional forms of examination.
S. If the system causes delays or power failures interfere with the normal course
of business, the Clerk-Recorder will notify the affected companies with a
choice of using a courier service or waiting until the problem has been
remedied.
6. The Clerk-Recorder may terminate access to any electronic recording
system, or any part of a system, or may terminate access of any authorized
submitter, or any authorized staff, at any time it deems it necessary to protect
the public interest, to protect the integrity of public records, to protect
homeowners or real property owners from financial harm. No cause of action
or liability against the Clerk-Recorder or any government agency shall arise
from the decision of the Clerk-Recorder to terminate or deny access of any
person to the electronic recording system.
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7. If the County Clerk-Recorder, believes that an electronic recording system is
vulnerable to fraud or intrusion, the Clerk-Recorder shall immediately take
the necessary steps to guard against any compromise of the
electronic recording system including, if necessary, the suspension of the
electronic recording system.
8. Clerk-Recorder staff will install the Electronic Recording software on the
submitting participant's designated computer. Clerk-Recorder staff will train
submitting participant's personnel during the initial software installation.
Further training for new personnel will be the responsibility of the submitting
participant.
9. Software training and initial installation will be completed at the submitter's
place of business if located within a specific distance from the Clerk-
Recorder, as determined by the Clerk-Recorder. If the submitter is deemed
beyond the determined specific distance, the computer shall be shipped to
the Clerk-Recorder for installation at the cost of the submitter, and training
shall happen via telephone and/or online.
10. The Orange County Clerk-Recorder shall not be responsible for lost or
damaged equipment.
B. Participants
1. A workstation exclusively dedicated to Electronic Recording is required. This
ER computer workstation shall only be used to transmit documents for
recording and receiving messages/confirmations. The workstation can not be
used by Title Company staff for other functions such as standard business
office systems and/or e-mail.
2. If the submitter is deemed beyond the determined specific distance, the
submitter shall agree to send in its computer via priority mail for software
installation, and to pay the cost of shipping for return by priority mail after
installation. Upon software installation those deemed shall be trained by
OCCR staff via telephone/online.
3. Submitter agrees to unscheduled audits set first by the OCCR. Submitter
also understands that any violator of this move may lead to suspension
and/or termination.
4. The submitting company may only submit original documents bearing original
signatures and notary seals.
5. Participants take full responsibility for the submission of documents.
6. Each participant will appoint a representative that is responsible for enforcing
security procedures.
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7. The Clerk-Recorder will be notified in writing immediately, if any authorized
system user(s) change (i.e. new hire, termination and resignation).
8. Participants will ensure that only authorized personnel have access to the
system and, that during non-working hours the system will be disabled.
9. Participants may not move or re-locate equipment and/or software program to
another location without first obtaining the written approval of the Clerk-
Recorder Department. Authorization is only valid at the location of the initial
installation as reflected on page 7 of this signed Agreement.
10. Participants are required to purchase cybercards beyond the one issued at
the time of software installation. Participants are also required to ensure that
every user has and uses their own cybercard when accessing the system.
11. Participants understand that submission of documents throughout the day
rather than in batches sent late in the day are necessary for earliest
conformations. Participants make all reasonable efforts to forward
documents, as they are ready for examination throughout the workday.
12. No software modifications to the Electronic Recording System are allowed.
13. Required Electronic Recording equipment i.e., computer, monitor and an
Internet connection will be provided and owned or leased by the participant
14. Electronic Recording users are required to logoff the application when not in
use.
16. Hours for document submission are between 7:00 a.m. and 7:00 p.m. (Pacific
Time) However; documents will be recorded from 7:30 a.m. to 4:00 p.m. It
should be noted that after 3:30 p.m. any document(s) rejected for
incompleteness shall cause a return of the entire order for full resubmission
upon satisfactory correction of document(s). Documents submitted between
the hours of 4:00-7:00 p.m. will be recorded the following day.
16. The participant attests to the accuracy and completeness of all recording
transactions. Liabilities should a dispute or legal action arise concerning an
Electronic Recording transaction, the County of Orange and the Clerk-
Recorder's Office will be held harmless and not liable for any damages.
17. Participating companies must carefully monitor and control use of the system
for compliance with agreed to safeguards and assumes full responsibility for
any malicious attack that harms, damages or has a damaging effect to the
County's system or databases.
18. In lieu of the requirements set forth in Government Code Section 27321, after
acceptance for recording, the county recorder shall electronically transmit a
copy of each recorded electronic document accepted under this article to the
authorized submitter. The authorized submitter shall be responsible for
mailing by United States Postal Service a copy of the recorded electronic
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document to the address specified in the instructions for mailing upon
completion of recording within 3 working days of the date of recording.
4. Liability
A. County will not incur any liability for the information electronically transmitted
by the participants.
B. County will not incur any liability for electronically transmitted records that do
not adhere to Government Code 27201.
C. County will not incur any liability for any breach of security, fraud or deceit as
a result of Electronic Recording.
D. In the event of fraud impacting the value of or title to real estate, any
authorized submitter using the electronic recording system bears the financial
responsibility for transactions in which the submitter engages, This liability
shall lie notwithstanding contrary waiver and/or disclaimer language that may
be present in any title insurance policy, escrow instruction, or other document
pertaining to the real estate transaction associated with said fraud.
5. Termination
Any party may terminate this Memorandum of Understanding for any reason
by serving the other parties with a fifteen-day (15) written notice of
termination.
Upon termination, all Electronic Recording software and equipment owned by
the County of Orange must be returned to the Clerk-Recorder within thirty
(30) days of termination.
6. Entire Agreement
This agreement contains the entire and complete understanding of the parties
and supersedes any/all other agreements, oral or written, with respect to the
terms under this agreement.
7. Notice
Any notice pursuant to this agreement shall be in writing and deemed given
when delivered personally or deposited in the United States mail, postage-
prepaid, certified and addressed as follows:
Orange County Clerk-Recorder
Attn: Administrative Office
P.O. Box 238
Santa Ana, Ca 92701-0232
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Participating Company Information:
Name: City of Huntington Beach Telephone* (714) 536-5227
City Clerk ' s Office Fax#: (714) 374-1557
2000 Main Street, 2nd Floor Web Site: www. surfcity-hb.org
Street Address (location of equipment/software)
Huntington Beach, CA 92648
City, State and Zip Code
Printed Name of Department Representative(see page 4):
Joan L. Flynn, City Clerk
Telephone* (714) 536-5404
Email Address: jflynn@surfcity-hb.org
Printed Name of Scanner.-
Patty Esaarza
Telephone#: (714) 536-5260 AP V D A TO FORM
Email Address: pesgarza@surfcity-hb.org JE N FE M
B�
De City Anon"
Management Approval.
Signed &Approved B Date:
Printed Name: Joan L. nn
Title: City Clerk
Telephone#: (714) 536-5404 Email Address: Jflynn@surfcity-hb.org
For Clerk-Recorder Use Only
Approved By:
TOM DALY, Orange County CI rk-Recorder
i
Date:
�-
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THIS IS A TRUE CERTIFIED COPY OF THE COUNTY CLERK-RECORDER
RECORD IF IT BEARS TI I SEAL, y
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IMPRI\I'I::D IN PURPLE.UF'I HE OR:W(38 0 :
COUNTY CLERK-RECORDER.
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CERTIFICATION FEE: � � I�-Nfi FIT ��COUNTV�P��� STATE OF CALIFORNIA
ORANGE COUNTY CLERK-RECORDER DEPARTMENT
' ELECTRONIC RECORDING
SUGGESTED HARDWARE/SOFTWARE LIST
Item Recommended Minimum
Processor CPU AM D or Intel 2.8 GHZ or hi her AM®'or Intel 2.0 GHx
RAIN 1 GB RAM 512 RIBS RAM
Hard ®rive 60.0 GB Hard ®rive 40.0 GB Hard ®rive
Video 126 MB PCI Video Card 64 MB PCI Video Card
(Capable of 1260 x 1024 resolution (Capable of 1024 x 766 resolution
0 256 colors or h' her) ® 256 colors
NIC Apy brand name network card Same
Operating Windows XP Professional SP2 Windows 2000 SP4 Internet
System Internet Explorer 6 or higher Explorer 6 or hi her
Internet Cable, ®SL or Corporate network Bandwidth measurement for the
Connections connection I-ER workstation is at least 300 K
Iy,suggest dedicated high speed
Internet connection.
Scanner Any TWAIN compliant SCSI or USS Same
Scanner
Specific scmmemIested inc
Fultsu models e M4WD,M30FIDG,
, M30M,(all wNh Ful tm
TWei»Driver 7.03);
ScanPertner.modeft—620C,600C,15C,
;
fitcoh model 1 S450E;
IMP Scan Jet
SCSI Controller A®APTEC 2940 UW SCSI Adaptor
(if using SCSI (Ultra Wide)SCSI Card
Scanner
Scanner Cable 6 Peet SCSI or USS Cable Same
Scanner DrIvw TWAIN®river Installed Same
Printer Laser Printer and Parallel or USS Same
Cable. Local dedicated printer
required.
Miscellaneous I or 19" Monitor 17" Monitor
Any Keyboard Same
Any Mouse Same
Sure Suppressor Power Strip Power Strip
WE®®NOT INSTALL THE ELECT®RNIC RECORDING APPLICATION ON A Pro IF YOU HAVEANY FURTHER OIL ®N5 OR COMMENTS, PLEASE CALL14MBE SULLIVANAT
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