What Is Electronic Recordation

Instruments affecting interests in California real property may be electronically recorded through the use of an Electronic Recording Delivery System (“ERDS”) that has been established by a county recorder.  Under California law, once a county has established an ERDS and the ERDS has been certified by the California Attorney General, the county recorder may enter into contracts with “authorized submitters” to receive digitized electronic records from those parties for recording.  Authorized submitters can include title insurers, underwritten title companies, institutional lenders or another government entity.  Only authorized submitters may submit documents for electronic recording.  As a result, many agents may not ever have direct experience with electronic recording.  Nevertheless, as an aspect of a paperless real estate transaction, the wide adoption of electronic recordation may help industry players become more comfortable with the use of electronic documents, electronic signatures and paperless real estate transactions in general.  Up to date information on which California counties have adopted an ERDS and currently accept electronic records can be found  here.

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