S.D. Admin. R. 22:03:01:06

Current through Register Vol. 51, page 54, October 28, 2024

Section 22:03:01:06 - Electronic recording processing requirements

Electronic document recording processing requirements shall include at least the following:

(1) A participating register of deeds shall receive, endorse, and index electronic documents pursuant to SDCL 7-9-3, 7-9-8, 7-9-8.1, and 7-9-9;

(2) An electronic transmission may include multiple electronic documents for recording;

(3) The submitter shall include its telephone or e-mail contact information with each submission;

(4) A document presented to a participating register of deeds for electronic recording shall conform to SDCL 43-28-23 including the reference number of the document assigned or released. No document to be recorded may contain more than one mortgage, or more than one mortgage or other instrument being assigned, partially released or satisfied;

(5) A participating register of deeds shall provide notice to the submitter of confirmation or rejection ofrecording through the electronic document delivery system as follows:

(a) A notice of confirmation shall identify the document accepted for recording and include the recording information;

(b) A notice of rejection shall identify the document rejected for recording and include an explanation for the rejection. If multiple electronic documents are submitted for electronic recording, and one or more are rejected for recording, all of the documents shall be returned to the submitter without recording; and

(c) If a participating register of deeds complies with the notice requirements, the failure of a submitter to receive actual notice of confirmation or rejection of a recording does not affect the validity of the confirmation or rejection;

(6) A plat shall be excluded from electronic transmission. A participating register of deeds may not electronically accept for recording any plat as referred to in SDCL 11-3-4, 11-3-10, and 43-21-5;

(7) A participating register of deeds may require payment of fees by electronic means for documents received electronically; and

(8) The PRIA eRecording Best Practices for Recorders may be used as a guideline by a participating register of deeds.

S.D. Admin. R. 22:03:01:06

43 SDR 57, effective 10/17/2016

General Authority: SDCL 7-9A-8.

Law Implemented: SDCL 7-9A-3, 7-9A-9, 44-8-13, 44-8-14.

"The PRIA eRecording Best Practices for Recorders," May 2015 Edition, Property Records Industry Association. A copy may be obtained from the Property Records Industry Association at www.pria.us free of charge.