E-Recording

Dallas County entered the era of e-recording in November of 2005. Today, after the passing of just a few months, the Dallas County Clerk’s office processes, on a daily basis, up to 40% percent of the county’s real estate documents electronically. Other counties currently e-recording real estate documents in Texas are: Tarrant, Fort Bend and Williamson Counties. (For a review of the specific legislation governing electronic recording, SB 335, the Uniform Real Property Electronic Recording Act, effective September 1, 2005, is attached hereto as Attachment 1.)

Why E-Record?

Why E-Record? From the Clerk’s side, the answer is easy – efficiency. E-Recording insures direct filing without waiting in lines; insures that your record is made available online faster, and no last minute rush to the Clerk's office. If it is more efficient for us, it is more efficient for filers.

The Dallas County Clerk’s office can be used as a specific example of savings and efficiencies gained with the implementation of e-recording. Similar cost savings and efficiencies should be gained on the side of title companies, law firms and any other high volume filers. Once a document is in electronic form and filed in the Clerk’s office, its quick electronic return allows for the filer to immediately forward the filed document to their client. The filer may also provide information on how the client may view the document online at the Clerk’s web site if desired (www.realestate.countyclerk.dallascounty.com). The client may then print as many copies of the document as desired, or better yet, electronically file it on their own system for continued electronic access.

Filing electronically and using electronic documents provide the following advantages as well as many others:

1. Reduces costs of paper and postage.

2. Safer transmittal of documents to the Clerk’s office. There is a specific traceable trail on each document and each of its pages. It is backed up securely at the Clerk’s office.

3. With the use of an escrow account, there is no need to write checks, thus eliminating the continual problem of pages being improperly counted or fees being miscalculated and the document being rejected.

4. The Clerk’s office becomes transparent, the submitter knows exactly when the document is submitted and filed.

5. If there is any problem with a document that prevents it from being filed, the Clerk’s office will return the document to the submitter electronically with a specific reason given as to why the document could not be filed. There is then usually time to correct the error and re-file the document the same day. This would be virtually impossible to correct and re-file the document the same day if using a runner and a paper document.

6. The document is accessible instantly online.

The Simple Steps To Begin E-Recording Your Documents:

1. Essentially, title companies, law firms and other filers desiring to e-record have a choice to either develop their own software to connect to our system or sign up with one of the companies that have an agreement with Dallas County to e-record into the county. Hart Intercivic provides Dallas County’s software, BearingPoint provides onsite coordination of overall functionality.

Sign up with a company currently e-recording into the county in which you wish to e-record. If your documents are not already in electronic form, these companies can convert your paper to the required electronic format. These companies include: ERX contact Paula Steger (214) 887-7473 or www.erxchange.com; www.ingeo.com; www.landata.com; www.simplifile.com . You may also contact my office for additional information.

2. You may develop your own software and interface to e-record into those counties currently accepting e-recorded documents. This will allow you to e-record without a fee from a company providing this service. It is preferable that if you choose to develop your own software and interface that you sign up with one of the companies which already provide this service to allow your company or firm to begin e-recording while your IT folks work on this project. The law firm of Barrett Burke Wilson Castle Daffin & Frappier is a great example of a successful software development and independent implementation of an e-recording interface, and our only one thus far in Dallas County.

3. You will be required to sign a memorandum of understanding (MOU) with the County Clerk’s office setting out the basic parameters of e-recording. If you are using an intermediary recording company, that company must sign the MOU with the County Clerk. (Attachment 2 to this document provides a sample MOU.)

4. Set up an escrow account with the County Clerk. Dallas County will draw down from that account upon receipt and filing of each document. Other counties may draw down from the escrow account at the end of the day. If you are sending your document through an intermediary recording company, that company will have the escrow set up with the County Clerk’s office. (A sample escrow agreement is Attachment 3 to this document.)