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ELECTRONIC RECORDING MEMORANDUM OF UNDERSTANDING CSC Customers

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1
ELECTRONIC RECORDING
MEMORANDUM OF UNDERSTANDING
CSC Customers
THIS MEMORANDUM OF UNDERSTANDING, dated ____________________________, is between
the Fluvanna County Clerk of Circuit Court office (“CLERK”), and
________________________________________________________ (“COMPANY”) with offices located at
_____________________________________________________________________________
_____________________________________________________________________________.
CLERK desires to offer the recording of real property documents by electronic means providing for the
receiving and transmitting of documents electronically in substitution for conventional paper based
documents and to assure that transactions are not legally invalid or unenforceable as a result of the use of
available electronic technologies, to the mutual benefit of the parties of the transactions.
For purposes of this Memorandum of Understanding, Electronic Recording is defined to be the electronically
based submitting of documents from COMPANY to CLERK and electronically based receipt of
confirmation of recording from CLERK to COMPANY.
All parties of the Electronic Recording transaction desire to operate and maintain a secure recording system
that safeguards parties to recordation from deceit, fraud and forgery. This Memorandum of Understanding
outlines the procedures and rules for the trusted relationship between the parties involved in Electronic
Recording in order to facilitate a safe and secure Electronic Recording relationship. Participation in the
Electronic Recording program is voluntary.
COMPANY and CLERK recognize the need to ensure that only original documents holding signatures that
are properly notarized are submitted for electronic recording. Electronic signatures, including electronic
notarization, are acceptable as long as such electronic signatures comply with all relevant Virginia statutes.
CLERK performs an electronic examination of the electronic documents and indexing information then
completes the recording process using the electronic documents.
COMPANY acknowledges that Electronic Recording permits them to prepare, sign and transmit in
electronic format documents and business records, and that the document or records shall be considered as
the "original" record of the transaction in substitution for, and with the same intended effect as, paper
documents and, in the case that such documents bear a digital or electronic signature, paper documents
bearing handwritten signatures.
By use of electronic or digital certificates to sign documents, COMPANY intends to be bound by those
electronic signatures affixed to any documents and such electronic signature shall have the same legal effect
as if that signature was manually affixed to a paper version of the document. COMPANY will comply with
all applicable Virginia statutes, including those regulating electronic signatures.
If accepted for recordation, the electronic version of the recorded document and electronic recording data,
including endorsement and receipt, is returned to the COMPANY.
CLERK shall not be liable to COMPANY for any special, incidental, exemplary or consequential damages
arising from or as a result of any delay, omission or error in the Electronic Recording transmission or receipt.
NAME OF BUSINESS/ COMPANY/FIRM
ADDRESS(ES)
2
CLERK shall not be liable for any failure to perform processing of the transactions and documents where
such failure results from any act of God or other cause beyond the CLERK’s reasonable control including,
without limitation, any mechanical, electronic or communications failure which prevents the parties from
transmitting or receiving the electronic recording transactions.
NOTICE: For all instances and/or purposes in which Notice is required in this agreement, Notice can be
made by US Mail or e-mail to the contact representative listed under the signatures in this agreement. For
CLERK, notice shall be given to the Clerk unless otherwise specifically designated to be another person. If
sent by e-mail, notice is deemed effective when sent, as proved by confirmation. If sent by US mail, notice
is deemed effective five business days after postmark. If notice is provided by two or more methods, it is
deemed effective at the earliest possible date.
Either party may terminate this Memorandum of Understanding for any reason at any time by
providing Notice to the other party. Once terminated, all submissions by COMPANY to CLERK that
have been completely processed (recorded at CLERK), will remain covered by the terms of this agreement.
COMPANY is responsible for the costs of the system or services provided by a third party that enables
COMPANY to meet the Electronic Recording Program requirements.
IMPORTANT NOTE REGARDING ORDER OF FILING: Documents that are electronically submitted
are not deemed filed until accepted by CLERK. CLERK may process documents in the following order:
• In-person filings
• Electronic recordings
• Overnight delivery services (i.e. Federal Express, UPS, DHL, etc.)
• Mail upon processing
Therefore, it is possible that an instrument submitted for Electronic Recording before the category above
with a higher filing priority could be recorded AFTER one of these instruments.
CLERK will from time to time process multiple electronic recording packages at the same time. Some
recordings are rejected and returned to the submitter. Because the recording is not deemed filed until
accepted, it is possible that a package that was presented or received after another electronic recording
package could be accepted before that package. There is no guarantee that electronic recording packages
will be processed in order of presentation or receipt at all times.
CLERK Responsibilities:
CLERK shall attempt to protect the integrity of the recordation process through ongoing monitoring of
documents received and recorded through Electronic Recording means. CLERK makes no guarantee as to
the timeliness of processing of electronic recording packages.
CLERK shall test and maintain Electronic Recording software and hardware required to operate the
Electronic Recording capability. CLERK, however, shall be held harmless and not liable for any damages
resulting from software or equipment failure.
CLERK shall apply the same level of diligence in handling documents submitted electronically as those
submitted through the normal manual paper process.
3
COMPANY Responsibilities:
COMPANY shall work to insure that all security measures and credentials implemented are protected from
unauthorized access. COMPANY assumes all responsibility for documents submitted through unique
credentials provided to COMPANY for the purposes of engaging in Electronic Recording.
COMPANY shall be diligent in ensuring that documents submitted for Electronic Recording have been
checked before submission for errors, omissions, and other deformities that would impact the validity of the
document. This includes adherence to Virginia indexing standards.
COMPANY acknowledges that Electronic Recording permits them to prepare, sign and transmit in
electronic formats documents and CLERK approved attachments, and the document or attachments shall be
considered as the “original” record of the transaction in substitution for, and with the same intended effect
as, paper documents and, in the case that such documents bear a digital or electronic signature, paper
documents bearing handwritten signatures.
By use of electronic or digital certificates to sign documents, COMPANY intends to be bound by those
electronic signatures affixed to any documents and such electronic signature shall have the same legal effect
as if that signature was manually affixed to a paper version of the document.
COMPANY attests to the accuracy and completeness of the electronic records and acknowledges
responsibility for the content of the documents submitted through the Electronic Recording Program. Should
a dispute or legal action arise concerning the accuracy, completeness and/or content of an electronic
transaction, the CLERK will be held harmless and not liable for any damages.
COMPANY must maintain an audit trail of all Electronic Recoding activity.
COMPANY is responsible for supporting any technical issues associated with Electronic Recording.
COMPANY shall work in good faith with any Electronic Recording Provider, if applicable, and CLERK to
resolve issues with the Electronic Recording process. COMPANY shall provide an effective mechanism to
both an Electronic Recording Provider and CLERK through which problems or issues can be reported and
addressed. In the event that a problem is determined to be with the Electronic Recording software and not
the infrastructure provided, the COMPANY shall work to resolve issues with CLERK and any Electronic
Recording Provider.
COMPANY is solely responsible for any and all costs of the system or services that enable COMPANY to
meet the Electronic Recording Program requirements.
COMPANY is responsible for coordinating all technical problems and issues through any Electronic
Recording Provider and CLERK.
COMPANY will appoint a representative, whose name will be given to CLERK in writing, who is
responsible for enforcing the security procedures. CLERK will be notified in writing of staff changes at
COMPANY in this role.
In the event of a reorganization of COMPANY’s corporate/business structure of any kind such that
COMPANY would be known by a new name (including but not limited to acquisition, merger,
addition/subtraction of a partner to a partnership), COMPANY must execute a new Electronic Recording
Submitter Agreement in its new identity before it may continue to submit documents for Electronic
4
Recording. If COMPANY fails to execute a new Electronic Recording Submitter Agreement in its new
identity, all liability waivers by the COUNTY are still in effect for the new entity.
General Understanding
CLERK will not incur any liability for the information electronically transmitted by the COMPANY to
CLERK, or by CLERK to COMPANY.
CLERK will not incur any liability for any breach of security, fraud or deceit as a result of Electronic
Recording.
CLERK shall not be liable to COMPANY for any special, incidental, exemplary or consequential damages
arising from or as a result of any delay, omission or error in the Electronic Recording transmission or receipt.
The Electronic Recording Provider, CLERK, and COMPANY will attempt in good faith to resolve any
controversy or claim arising out of or relating to Electronic Recording through either negotiation or mediation
prior to initiating litigation.
CLERK, COMPANY, and any Electronic Recording Provider acknowledge that the electronic recording
process is an emerging technology and that State and National standards will continue to evolve.
Except as expressly provided otherwise herein, this Agreement represents the entire agreement between the
parties.
Either party may terminate this Agreement without cause by providing Notice as defined above. COMPANY
remains responsible for payment of fees for the filing and recordation of all accepted documents.
Absent gross negligence or willful misconduct, COMPANY agrees to release CLERK from any liability in
connection with Electronic Recording of documents under this Agreement. COMPANY understands that
there are no warranties, express or implied, in connection with such transactions.
5
ATTACHMENTS
Attachment A defines the technical specifications including format, models of recording supported, and
transmission protocols of the electronic records required by CLERK. COMPANY agrees to provide the
transmission to the CLERK following the specifications outlined. COMPANY understands that the
specifications may change from time to time. In the event changes to the specification are required, the
CLERK will provide a Notice to the COMPANY within a reasonable timeframe.
Attachment B contains the document and indexing specifications for the Electronic Recording program.
Attachment C contains the processing schedules and hours of operation for the Electronic Recording
Program and contact names for all parties.
Agreed and Accepted:
(COMPANY)
By: ___________________________________ (Authorized Signature) Date:_______________
Name: _________________________________
Title: __________________________________
Administrative Contact Name: __________________________________________________
Address: ___________________________________________________________________
Address Continued: __________________________________________________________
Phone Number: _______________________ Fax Number: __________________________
E-mail Address: _____________________________________________________________
(
CLERK)
By: __________________________________ (Authorized Signature) Date:_______________
Name: Tristana P. Treadway
Title: Clerk of Circuit Court
Address: 72 Main Street
P. O. Box 550
Palmyra, VA 22963
Phone Number: (434) 591-1970
6
Attachment A
Technical Specifications
Electronic Recording is defined based on the level of automation and structure of the transaction. The
three levels of automation are as follows:
Model 1 COMPANY transmits scanned image copies of ink signed documents to CLERK. CLERK
completes the recording process in the same way as paper using the imaged copy as the source document.
An Electronic Recording endorsement is returned to the organization in the form of a label to append that
information to the original paper document.
Model 2 COMPANY transmits scanned images of ink signed documents along with electronic indexing
information to CLERK. CLERK performs an electronic examination of the imaged documents and
indexing data, and then completes the recording process using the imaged copy and electronic indexing
information. The electronic version of the recorded document is returned electronically to the COMPANY
along with the electronic recording data.
Model 3 COMPANY transmits documents which have been created, signed and notarized electronically
along with the electronic indexing information. CLERK performs an electronic examination of the
electronic documents and indexing information then completes the recording process using the electronic
documents. The electronic version of the recorded document and electronic recording data is returned to
COMPANY.
Application of UETA and Format of the transmitted File
The parties agree that, unless otherwise specified herein, the provisions of Virginia’s Uniform Electronic
Transactions Act (hereafter “UETA”) (66 Article 40) shall apply to the automated transactions
contemplated by this Agreement.
PRIA file format standard will be used. Images will be in multi- page Group IV TIFF format. COMPANY
can work with an Electronic Recording Provider and CLERK to provide additional fields (extensions) to
the current PRIA standard.
Communications Protocol and Options
TCP/IP, HTTP and HTTPS
Models of Electronic Recording Supported
Model 1 will not be supported - no indexing information is provided.
Model 2 and Model 3 will be supported.
7
Attachment B
Indexing Fields for each Document Code
All documents submitted will require the following minimum indexing information:
Grantor(s)
Grantee(s)
Document Type and/or Document Code
Number of Pages
PIN number
Consideration and/or value as applicable
Any tax exemptions
Legal Description Fields (including Current Property Address and Related Reference)
The instrument itself should have on its face:
Recording Return to Address, which includes Street or Post Office Box, City,
State and ZIP Code.
Notary Requirements per Document
If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the
requirement is satisfied if the electronic signature of the person authorized to perform those acts, together
with all other information required to be included by other applicable laws, is attached to or logically
associated with the signature or record.
8
Attachment C
Service Offering
Hours of Operation
Excluding legal holidays, CLERK’s Electronic Recording System will be open for business during normal
recording hours. These hours are subject to change. Documents may be submitted at any time during the
week. Documents will only be processed on those days and hours that CLERK is open to the public for
business. If a document is submitted by 2:00 pm, CLERK intends to process it the same business day.
Any document submitted after 2:00 pm may not be processed the same business day. Documents will not
be processed on CLERK holidays, weekends, etc., or in the event of network or equipment failure.
Alternative Delivery Options
There are no other electronic delivery options at this time.
Return To Options
Confirmation of acceptance and recordation will be provided to COMPANY in electronic format after
recordation is complete. This confirmation will include the document image and CLERK indexing data,
including a receipt for fees paid.
Submitted documents that are rejected will be returned to COMPANY in electronic format after rejection,
along with a description of the reason(s) for rejection.
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ELECTRONIC RECORDING MEMORANDUM OF UNDERSTANDING CSC Customers

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Completed 28 February 2022

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