HomeMy WebLinkAbout20053616.tiff RESOLUTION
RE: APPROVE ELECTRONIC RECORDING MEMORANDUM OF UNDERSTANDINGAND
AUTHORIZE CHAIR TO SIGN - LEGACY TITLE AND ESCROW, INC.
WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to
Colorado statute and the Weld County Home Rule Charter, is vested with the authority of
administering the affairs of Weld County, Colorado, and
WHEREAS,the Board has been presented with an Electronic Recording Memorandum of
Understanding between the County of Weld, State of Colorado,by and through the Board of County
Commissioners of Weld County,on behalf of the Clerk and Recorder,and Legacy Title and Escrow,
Inc., with terms and conditions being as stated in said memorandum, and
WHEREAS,after review, the Board deems it advisable to approve said memorandum, a
copy of which is attached hereto and incorporated herein by reference.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Electronic Recording Memorandum of Understanding between the
County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld
County,on behalf of the Clerk and Recorder,and Legacy Title and Escrow, Inc.,be,and hereby is,
approved.
The above and foregoing Resolution was,on motion duly made and seconded,adopted by
the following vote on the 14th day of December, A.D., 2005.
� � � � ♦ BOARD OF COUNTY COMMISSIONERS
4 WELD
/�COUNTY,
/COLORADO
gek, t �� I �. M/�G ,-,/ATTEST: �bl '�a''1 / I� i#�
u57 ` illiam H. Jer , Chair
Weld County Clerk to the rc= rag i7
'- 3.6M. eile, Pro-Tem
BY: ti 1Vad1El
D u CI k to the Boa
r
David E. Long
APPROV D AS TO F
EXCUSED
7 /-
Robert . Masde
un A orney O
f� Glenn Vaa
Date of signature: 12-17SL S
2005-3616
CR0022
e0 : e tk en-i/-oc-,
Legacy Title and Escrow Inc.
• 10951 Hermosa Ct
Northglenn, CO 80234-3928
ELECTRONIC RECORDING
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING ("MOU"),dated November 21,2005, is
between the County of Weld, a political subdivision of the State of Colorado, by and
through the Board of County Commissioners of the County of Weld, on behalf of the Weld
County Clerk and Recorder,whose address is P.O. Box 758, 915 10th Street, Greeley,
Colorado 80632, and Legacy Title and Escrow, Inc. ("Company"),whose address is:
10951 Hermosa Court, Northglenn, Colorado 80234-3928.
The County desires to offer recording of real property documents by electronically
receiving and transmitting 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 for the mutual benefit of the
parties of the transactions.
For purposes of this Memorandum of Understanding, Electronic Recording is defined
based on the level of automation and structure of the transaction.The four levels of
automation are as follows:
Level 1 Submitting organizations transmit scanned image copies of ink signed
documents to the county. The county 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 or
printing process in order for the submitting organization to append that information
to the original paper document.
Level 2 Submitting organizations transmit scanned images of ink signed documents
along with electronic indexing information to the county.The county 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 submitting organization along with the electronic recording
data.
Level 3 Submitting organizations transmit documents which have been created,
signed and notarized electronically along with the electronic indexing information.
Electronic signatures must comply with UETA and E-Sign specifications. The
county 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 the submitting organization.
Level 4 Submitting organizations transmit"Smart"documents which are a single
object containing the electronic version of the document in such a way that enables
2005-3616
the electronic extraction of data from the object. Smart documents are required to
be signed and notarized electronically. The Smart document is endorsed
electronically by the county and returned in Smart document format to the
submitting organization.
Program Eligibility
Title Insurance Companies, Mortgage Bankers, Full Service Banks and other trusted
entities may directly or through a trusted third party provider submit real property records
for electronic recording. Electronic Recording mandates a close working relationship as
well as mutual trust between the County and the submitting entity.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 County and Company to facilitate a safe and secure Electronic
Recording relationship.
Participation in the Electronic Recording program is voluntary and the decision to do so is
a business judgment.
There will be no added fees or costs of any kind charged by the County for Electronic
Recording. No costs incurred by the Company for Electronic Recording shall be
paid by the County.
County Requirements
The Electronic Recording Program of Weld County is defined by the requirements
attached to this Memorandum of Understanding.
Attachment A defines the technical specifications including format, levels of recording
supported,transmission protocols, and security requirements of the electronic records
required by County. Company agrees to provide the transmission to the County 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 County will
provide a written notice to the Company within a reasonable timeframe.
Attachment B contains the document and indexing specifications for the Electronic
Recording program. For each document,the County specific document code is provided
along with the required indexing information.Any County specific editing rules will also be
described in this attachment.
Attachment C contains the processing schedules and hours of operation for the Electronic
Recording Program. Neither party shall be liable for any failure to perform processing of
the transactions and documents where such failure results from any act of Nature or other
cause beyond the party's reasonable control (including, without limitation, any mechanical,
electronic or communications failure which prevents the parties from transmitting or
receiving the electronic recording transactions). If the County system causes delays or
power failures interfere with the normal course of business,the County will notify the
affected Company with a choice of using a courier service or waiting until the problem has
been remedied.
Attachment D provides the payment options supported for the Electronic Recording
program.
Company Responsibilities
Company acknowledges that Electronic Recording permits them to prepare,sign and/or
transmit in electronic formats documents and business records and 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
to those documents for all purposes as fully as if paper versions of the documents had
been manually signed.
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.
By use of digital certificates to seal electronic files containing images of original paper
documents or documents bearing manual signatures, Company shall recognize such
sealed images for all purposes as fully as the original paper documents and shall be
responsible for any failure by Users to comply with quality control procedures for assuring
the accuracy and completeness of the electronic files.
The Company and or its'employees attest to the accuracy and completeness of the
electronic records and acknowledge responsibility for the content of the documents
submitted through the Electronic Recording Program. Should a dispute or legal action
arise concerning an electronic transaction,the County shall be held harmless and
indemnified by the Company, and shall not be liable for any damages incurred by
the Company or any third party.
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.
General Understanding
The County will not incur any liability for the information electronically transmitted by the
Company.
The County will not incur any liability for any breach of security,fraud or deceit as a result
of Electronic Recording.
Neither the County nor Company shall be liable to the other 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.
This MOU constitutes the entire understanding between the parties with respect to the
promises and covenants made therein. No modification of the terms of this MOU shall be
valid unless made in writing and agreed to by both parties.
No portion of this MOU shall be deemed to create an obligation on the part of County
Department to expend funds not otherwise appropriated in each succeeding year.
No portion of this MOU shall be deemed to constitute a waiver of any immunities of
County Department or its officers or employees may possess, nor shall any portion of this
MOU be deemed to have created a duty of care with respect to any persons other than
County Department and not a party to this MOU.
It is expressly understood and agreed that the enforcement of the terms and conditions of
this MOU, and all rights of action relating to such enforcement, shall be strictly reserved to
the undersigned parties and nothing in this MOU shall give or allow any claim or right of
action whatsoever by any other person not included in this MOU. It is the express
intention of the undersigned parties that any entity other than the undersigned parties
receiving services or benefits under this MOU shall be an incidental beneficiary only.
The County 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.
Either party may terminate this Memorandum of Understanding for any reason by
providing 30 days written notice of termination.
The County and Company acknowledge that the electronic recording process is an
emerging technology and that State and National standards will continue to evolve. To
further the technology and the electronic recording process, the County and Company will
meet once a month to discuss changes and additions to this Memorandum of
Understanding.
A reed and Acce ted:
By: Legacy T d crow, Inc. (Compan
Name7/2
RoGene erth,
Date: N vember 21,2005
ATTEST: ��el.. ,I COUNTY OF WELD, a political
Weld County Clerk to llhe Board subdivision of the STATE OF
COLORADO:
/
BY: ) 00E-6 BY:
puty CI to the Boar William H. Jerke, Chair 12/14/05
Board of county uomnuaa,v ucuo UI
the County of Weld, on behalf of the
C.
4" Weld County Clerk and Recorder
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Attachment A
Technical Specifications
Format of the transmitted File
PRIA file format standard will be used. Images will be in single page Group IV TIFF
format.
Communications Protocol and Options
TCP/IP.
Security Framework
Encryption will be 128bit file and image encryption. SSL and user login/password
will be employed. User passwords win be changed on a monthly basis.
Returned File Format
PRIA file format standard will be used. Images will be in single page Group IV TIFF
format.
Levels of Electronic Recording Supported
Level 2
Electronic Signatures and Use of Digital Certificates
The use of Electronic Signatures and Digital Certificates will not be used at this
time. However, COUNTY reserves the right to revisit this at a later date With
COMPANY. COMPANY acknowledges that Electronic Signatures and Digital
Certificates will be used in the future and will work with COUNTY to accommodate
their use.
Imaging Standards
Documents will be scanned at 200dpi.
Documents will be scanned in portrait mode.
Document images will be captured as single page Group IV TIFF images.
Scanned documents will be legible. Legible in this instance means a clear,
readable image—including signatures and notary seals—and in which all portions
of each page are captured.
Document font size must meet PRIA minimum standards.
Margins will consist of a minimum of a 1"top margin and'/2"side and bottom
margins. NO DOCUMENTS WILL BE ACCEPTED THAT FAIL TO MEET THIS
STANDARD. Colorado Revised Statutes 30-10-406(3)(a).
Attachment B
Documents and Indexing Specifications
Eligible Document Types
All document types sized 8 '/"by 14"or smaller will be acceptable, with the
following exceptions:
1. Military Discharges
2. Oversized documents(larger than 8 x%"x 14')
3. Documents requiring additional acknowledgements or certifications
4. Public Trustee Documents(excluding release of trust deeds which have been
properly executed and have been processed by the Public Trustee's Office)
5. Death Certificates must be an original or certified copy from the original
issuing agency
County Specific Document Type Coding
Please refer to Attachment E, PRIA Logical Data Dictionary, which lists all the
acceptable "Document Types". It is COUNTY'S intention to not reject documents
based on "incorrect"or non-County specific document types. Rather the County
will correct the document type as part of the acceptance process.
Indexing Fields for each Document Code
All documents submitted will require the minimum index fields:
Grantor(s)
Grantee(s)
Document Type and/or Document Code
Number of Pages
Recording Fee
Documentary Fee
Principal Amounts of Deeds of Trust
Related Number(original document number, in the case of releases, assignment,
amendments).
Property Address(only if noted on documents)
Legal Description Fields
Subdivision Name(if in a subdivision)
Quarter-Quarter Section Information
Quarter Section Information
Section
Township
Range
Parcel Number(if known)
Parsed Property Address information
Grantee's Legal Mailing Address which includes Street or Post Office Box, City,
State and ZIP Code MUST be clearly identified on any transfer deed as per Colorado
Revised Statutes 38-35-109(2).
Transfer Declaration Documents(TD1000's):
TD1000's will be scanned immediately following the Warranty Deed or Transfer
Deed they are associated with. ALL Transfer Deeds will be accompanied by a
TD1000's. If one TD1000 covers multiple Transfer Deeds,a duplicate TD1000 will be
submitted with each Transfer Deed.
Specific Editing requirement for each Document Code
Business names will be entered into the "ORGANIZATION NAME"field.
Business names should be indexed as they appear on the document, excluding
punctuation. Examples:
123 BROADWAY GRILL! = 123 BROADWAY GRILL
Not ONE TWENTY THREE BROADWAY
GRILL
Not ONE TWO THREE BROADWAY GRILL!
JACK FROST PC = JACK FROST PC
A-1 OPTICAL INSURANCE CO = A 1 OPTICAL INSURANCE CO
Not Al OPTICAL INSURANCE CO
VAN DER WALL BAR 8 GRILL = VAN DER WALL BAR GRILL
Not VANDERWALL BAR 8 GRILL
Not VANDERWALL BAR AND GRILL
All words in a business name should be spelled out as far as possible. No
abbreviations should be made. Examples:
COLORADO SPRINGS LIGHTING INDUSTRIAL COMPANY should be indexed:
COLORADO SPRINGS LIGHTING INDUSTRIAL COMPANY and not as:
COLORADO SPRINGS LIGHTING INDUST COMPANY or
COLORADO SPRINGS LIGHTING INDUSTRIAL CO
If the complete business name will not fit into the field, do not abbreviate,rather
drop the last name that won't fit.
Indexing Keying Standards
Parsed Names
PRIA Standard Index fields will be used.
Parsed Legal Descriptions
PRIA Standard Index fields will be used.
Document Imaging Quality Control Standards
Scanned documents will be legible. Legible in this instance means a clear,
readable image—including signatures and notary seals—and in which all portions
of each page are captured.
Submitters will be responsible for the clarity and brightness of the image.
Notary Requirements per Document
It is the responsibility of the COMPANY to confirm that notary signatures and seals
are present on all documents that require them.
COUNTY will not reject a document lacking a notary signature or seal as this is not
a requirement of Colorado statutes.
Inked notary seals are strongly recommended, in place of embossed notary seals
which require "darkening"by the COMPANY prior to submittal.
COUNTY may at its discretion place a "disclaimer"on each document submitted
that appears to lack a notary signature or seal.
Eligible Document Batches
Documents batches will be submitted by escrow account number. In no event will
electronic document batches exceed 25 documents in any batch. comment tbtll Note: Public
Trustee will be exempt from this
requirement.
Attachment C
Service Offering
Hours of Operation
Documents maybe submitted at any time during the week. Documents will only be
processed on those days that the County Recording Office is open to the public for
business. Documents will not be processed on county holidays, weekends, "snow
days", etc., or in the event of network or equipment failure. COUNTY will attempt to
Notify COMPANY of any disruption in service.
Processing Schedules
Document batches will be checked for and processed(accepted or rejected)
between the hours of 8:00 a.m.and 3:00 p.m.
It is anticipated that additional processing times will be added and hours adjusted
as COMPANY increases the volume of submitted electronic documents.
Turnaround Timeframe
Documents received prior to the times listed above will be processed(accepted or
rejected)at those times. Any documents received after 3:00 p.m. will be recorded
the next business day.
Alternative Delivery Options
There are no other electronic delivery options at this time.
Return to Options
Submitted documents that are accepted for recording will be returned to the
COMPANY in electronic format after they are recorded. Confirmation of acceptance
and recordation will be returned to the COMPANY in electronic format after
recordation is complete. This confirmation will include the document image and
COUNTY indexing data. COUNTY reserves the right to make changes to the index
at a later date.
Submitted documents that are rejected will be returned to the COMPANY in
electronic format after rejection,along with a description of the reason(s)for
rejection.
Initially,reasons for rejections will be tabulated and discussed on a monthly basis
with the COMPANY.
Service Help Contact Information
COUNTY:
Gaye Hedin 970-304-6530 ext 3059
Crystal DeGaugh 970-304-6530 ext 3071
Kathy Parker 970-304-6530 ext 3060
COUNTY eRecording Vendor: Eagle Computer Systems
Steve Jordan: 800 554-4434
Attachment D
Payment Options
Payment Options
Electronic Fund Transfers(EFT'S)are acceptable as the form of payment. EFT's
will be summarized and paid on a daily basis(one payment daily)for all
transactions received that day.
Requirements for each:
n/a
Account Setup Procedures
n/a
Reporting and Reconciliation
COUNTY will be responsible for maintaining and reconciling their receipts.
Documents will not be accepted if not accompanied by EFT information. COMPANY
will be responsible for submitting EFT information with each document batch, and
for reconciling their records.
Exception Handling
Any discrepancy in fees discovered by COUNTY after document acceptance will be
corrected by COMPANY within five business days of notification of the error.
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