New Laws Affect Filing of E-Documents
Also, privacy is protected in Property Alert program
The Tennessee General Assembly in its most recent session passed several laws that pertain to activities in the Register of Deeds Office. In particular, we want to make sure you know about changes that apply to e-recording or remote filing of documents in our office.
Public Chapter No. 181 (link below), amending Tennessee Code Annotated Title 66, Chapter 24, Part 1, requires the Certificate of Authenticity to be dated, requires at least 10-point font, and changes the wording to state that one must be a licensed attorney or custodian of the “original version of the electronic document” in order to sign the Certificate of Authenticity.
The Certificate of Authenticity with revised language can be found at the links below in PDF format or Microsoft Word format.
- Certificate of Authenticity with revised language, PDF Format
- Certificate of Authenticity with revised language, Microsoft Word Format
Please see the act for the exact language required.
Public Chapter 181 - Certification of electronic documents
This Act becomes effective on July 1, 2021. The full text of the act can be found at:
Certification of Electronic Documents Bill
SB1263/HB633 Certification of electronic documents
Sen. Reeves, Shane Rep. Wright, Dave
Summary: Requires that either a licensed attorney or the custodian of the original version of an electronic document, instead of the custodian of the electronic version, to certify the electronic document for registration by a county register.
Amends TCA Title 66, Chapter 24, Part 1.
Fiscal Note: (Dated February 19, 2021) Not Significant
Public Chapter 333 – Property Alert Notification
Public Chapter 333 (link below), amending Tennessee Code Annotated Title 10, Chapter 7, Part 5, makes the information provided by an individual participating in or using a government-sponsored property alert service confidential. This applies to our Property Alert program.
This Act becomes effective on July 1, 2021. The full text of the act can be found at:
Property Alert Notification Bill
Property Alert Notification bill (SB994/HB851)
Sen. Gardenhire, Todd Rep. Crawford, John
Summary: Privacy, Confidentiality – As enacted, makes the personally identifying information provided by an individual as part of the individual’s use of, or participation in, a government-sponsored or -supported property alert service or program confidential.
Present law identifies certain documents, records, and information as confidential and not open for inspection by the public, including: medical records of patients in state, county, and municipal hospitals and medical facilities and records of persons receiving medical treatment, and documents and papers in possession of the military department which involve security of the United States or this state.
The bill includes the following information as a private record, which is not open for public inspection: the name, mailing address, physical address, phone number, email address, Social Security number, or any personally identifying information provided by an individual, whether or not the individual is a citizen of this state, as part of the individual’s use of or participation in a government-sponsored or -supported property alert service or program. Such program refers to an online service that electronically alerts participants when a document is filed and indexed with the register of deed’s office that references the participant’s name or address.
Amends TCA Title 10, Chapter 7, Part 5.