2013-20 SECURE G2G MOU b/w LA, SD, Orange, RIVCO - Electronic RecordingFILED
MAR 13 200
ORANGE COUIM CLERK-RECOROER DuWuWW
BY., 0 .oErury
SECURE
LOS ANGELES — ORANGE — RIVERSIDE — SAN DIEGO
ELECTRONIC RECORDING
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING ("MOU" or "Agreement'), made and entered into
on, , is between the counties of Los Angeles, Orange, Riverside,
and San Diego that own the Statewide Electronic Courier Universal Recording Environment
("SECURE") with the Orange County Clerk -Recorder acting on their behalf as the Lead County
(collectively "Owners"), and City of La Ouinta the submitting party
("Authorized Submitter"), recording electronically through the SECURE system located in
Orange County. The Owners and Authorized Submitter are collectively referred to as the
"Parties."
RECITALS
WHEREAS, SECURE is owned by the counties of Los Angeles, Orange, Riverside, and
San Diego; and
WHEREAS, SECURE is an electronic recording delivery system that is compliant with
the Electronic Recording Delivery Act of 2004 for the electronic submission and subsequent
recording of documents with county recorders; and
WHEREAS, SECURE allows recording of real property documents through electronic
receipt and transmission in substitution for conventional paper based document recording; and
WHEREAS, the Parties desire to ensure that transactions using electronically recorded
documents are legally valid and enforceable for the mutual benefit of the parties to those
transactions; and
WHEREAS, multiple California counties, in addition to the owner counties, utilize
SECURE for the electronic recording of documents and through the SECURE portal server,
which is located in Orange County; and
WHEREAS, Orange County is the "Lead County" acting through the Orange County
Clerk -Recorder on behalf of the owners of SECURE to develop and support the system and to
execute agreements with Authorized Submitters for the electronic submission of documents
through SECURE; and
WHEREAS, the Parties desire to set forth the rights and responsibilities for the electronic
submission of documents for recording through SECURE to the California counties utilizing
SECURE for electronic recording; and
WHEREAS, the Authorized Submitter agrees to act in compliance with the specifications
set forth in the SECURE Authorized Submitter User Manual.
NOW THEREFORE, the Parties, for and in consideration of the mutual promises and
agreements herein continued, do agree to the following:
Definitions
1.1 SECURE: The Statewide Electronic Courier Universal Recording Environment
system used by multiple participating counties to electronically receive and return
documents for recording.
1.2 Owners: The owners of the SECURE system (Los Angeles, Orange, Riverside
and San Diego Counties).
1.3 Individual SECURE County Participant: Any county that uses SECURE to
electronically receive and return documents for recording.
1.4 Authorized Submitter. The company under this Agreement that submits
packages of documents electronically to one or more Individual SECURE County
Participants using SECURE for the purpose of recording.
1.5 Operational Issues: Issues regarding the business rules that dictate what can
be recorded by an Individual SECURE County Participant.
1.6 Technical Issues: Issues regarding how SECURE electronically receives and
returns recordable documents.
1.7 Infrastructure: The non -software components used to electronically receive and
return recordable documents through the SECURE system.
1.8 Company Representative: The contact person for the Authorized Submitter in
charge of the scanning personnel used for electronic recording.
1.9 Scanner: The person for the Authorized Submitter who will be physically
scanning and sending electronic instruments.
1.10 Pathway: The path that the package of documents takes through the computer
network, starting at the creation of the package by the Authorized Submitter and ending
with its delivery to the SECURE system.
2. Purpose
The State of California Electronic Recording Delivery Act of 2004 mandates that county
recorders and the submitting entities maintain a secure electronic recording environment. All
parties of the electronic recording transaction desire to operate and maintain a secure recording
system that safeguards parties that are recording documents from deceit, fraud and forgery.
This Agreement outlines the procedures and rules for maintaining a secure electronic recording
environment by the Authorized Submitter and those California counties utilizing SECURE.
3. Term
This Agreement shall become effective upon the signature of the Parties and shall remain in
effect unless terminated in writing by either party in accordance with this Agreement.
4. Eli ibili
California Government Code Sections 27390(b)(1) and 27391(b) allow Authorized Submitters,
including but not limited to, title insurers, underwritten title companies, and institutional lenders,
as defined, to submit, either directly or through a trusted thins party provider, real property
records for electronic recording.
5. Types of Documents Allowed for Electronic Recording
5.1 For purposes of this Agreement, two instrument types are allowed to be recorded
electronically:
Type 1
A "Type 1" instrument is defined to mean an instrument affecting a right, title, or
interest in real property. Type 1 instruments shall be submitted as digitized
electronic records, meaning a scanned image of the original paper document.
Fingerprinting of each individual to submit Type 1 documents is required. Only
those individuals granted a secure access role shall be permitted to submit Type
1 instruments.
Type 2
A "Type 2" instrument is defined to mean an instrument of reconveyance,
substitution of trustee, or assignment of deed of trust. Individuals submitting only
Type 2 instruments do not require fingerprinting. Type 2 instruments may be
delivered as digitized electronic records or digital electronic records.
5.2 Type 1 and Type 2 instruments shall not be submitted in the same
package/payload. This requirement does not limit the content or format of Type
1 or Type 2 instruments.
6. Electronic Recording Requirements
Electronic recording requirements and specifications are generally set forth in the following
attachments to this Agreement. Authorized Submitter shall comply with any and all such
requirements and specifications. Authorized Submitter understands that the requirements and
specifications may change from time to time. Furthermore, Authorized Submitter understands
that the requirements and specifications set forth in the attachments could be specific to
Individual SECURE County Participants. Owners will provide written notice to the Authorized
Submitter within a reasonable period of time if there are any changes to the requirements or
specifications.
Attachment A — Provides the technical specifications including format, levels of recording
supported, transmission protocols, and security requirements of the electronic records
required by SECURE for the submission of electronic records.
Attachment B — Contains the document and submitting specifications for SECURE.
Attachment C — Contains the processing schedules, hours of operation, and technical
and security incident contact information for electronic recording.
Attachment D — Contains Individual SECURE County Participant Accounting Processes
Attachment E — Outlines obligations under the Attorney General Certification Guidelines.
7. Authorized Submitter Acknowledaments and Responsibilities
7.1 Participation in the electronic recording program is voluntary and the decision to
do so is a business judgment. Authorized Submitter must supply all electronic recording
equipment i.e., computer, monitor, scanner, printer, an intemet connection and a digital
certificate from a vendor approved by the Owners.
7.2 Electronic recording permits preparation, signature and/or transmission, in
electronic format, of documents and business records. The electronic documents or
records shall be considered the "original" record of the transaction in substitution for, and
with the same intended effect as, paper documents or records. In the case that such
documents or records bear a digital or electronic signature, those signatures shall have
the same effect as paper documents or records bearing handwritten signatures.
7.3 By use of electronic or digital certificates to sign documents, Authorized
Submitter is bound by those documents for all purposes as if paper versions of the
documents had been manually signed.
7.4 By use of electronic or digital certificates to sign documents, Authorized
Submitter is bound by those electronic signatures affixed to any documents and the
electronic signatures shall have the same legal effect as if the signatures were manually
affixed to a paper version of the document.
7.5 Electronic signatures must comply with Uniform Electronic Transaction Act
(UETA), 15 U.S.C. §§ 7001 to 7031, and Electronic Signatures in Global and National
Commerce Act (E-Sign) Pub. L. No. 106-229, 114 Stat. 464 (2000) (codified as 15
U.S.C. §§ 7001-7006, 7021, 7031) (enacted S. 761) specifications.
7.6 By use of digital certificates to seal electronic files containing images of original
paper documents or documents bearing manual signatures, Authorized Submitter shall
recognize the sealed images for all purposes as the original paper documents and shall
be responsible for the accuracy and completeness of those images.
7.7 Authorized Submitter is responsible for the accuracy, completeness and content
of documents submitted for electronic recording.
7.8 Authorized Submitter is responsible for costs of systems or services provided by
third parties that enable Authorized Submitter to meet electronic recording requirements.
7.9 Authorized Submitter shall immediately notify Owners of any security incident,
including but not limited to attempts at or actual unauthorized access to Authorized
Submitter's Pathway, which could compromise or otherwise adversely affect SECURE's
data systems.
7.10 Authorized Submitter shall ensure that all security measures and credentials
implemented are protected. Authorized Submitter assumes all responsibility for
documents submitted through unique credentials provided to Authorized Submitter for
the purposes of engaging in electronic recording.
7.11 Authorized Submitter shall submit to random security audits without prior notice
by Owners of Authorized Submitter's software, systems, Pathway, credentials and any
other means or processes used by Authorized Submitter for electronic recording.
7.12 Authorized Submitter is responsible for receiving and verifying receipt of
documents recorded to ensure that the source of the receipt is the county where the
document was to be recorded.
7.13 Authorized Submitter shall address all Operational Issues with the electronic
recording process with the Individual SECURE County Participants utilizing SECURE.
7.14 Authorized Submitter is responsible for supporting any Technical Issues
associated with electronic recording. Authorized Submitter shall notify Owners of all
problems involving Technical Issues. Authorized Submitter shall work in good faith with
the Owners to resolve any Technical Issues.
7.15 Authorized Submitter shall provide end user support to the Owners 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 by the Authorized Submitter, then the Authorized Submitter shall work to
resolve issues with the Owners.
7.16 Authorized Submitter's submission of a document to SECURE for transmission to
a particular county for recording does not guarantee that a county will accept
transmission from Authorized Submitter. Each county utilizing SECURE reserves the
right to determine which Authorized Submitters will be allowed to electronically record
documents for their county.
7.17 Authorized Submitter shall comply with each county's recording requirements.
Authorized Submitter's submission of a document to SECURE for transmission to a
particular Individual SECURE County Participant for recording does not guarantee the
document will be recorded by that Individual SECURE County Participant. Each
Individual SECURE County Participant utilizing SECURE may have its own specific
requirements for the recordation of documents including, but not limited to, document
types authorized for recording and payment methods. Documents not meeting
Individual SECURE County Participant specific requirements for recording may be
rejected by the respective county.
7.18 Following the electronic recordation of a document, Authorized Submitter agrees
to deliver the original document to the real party in interest.
7.19 Authorized Submitter agrees to comply with Attomey General Acknowledgment
of Responsibilities form #0012.
7.20 Authorized Submitter agrees to provide a workstation that is exclusively
dedicated to SECURE.
8. Scone of Services
8.1 Individual SECURE County Participants shall conduct ongoing monitoring of
documents received and recorded through electronic recording means in an effort to
protect the integrity of the recordation process.
8.2 Individual SECURE County Participants shall test and maintain electronic
recording software and hardware.
8.3 Individual SECURE County Participants shall apply the same level of diligence in
handling and examining documents submitted electronically as those submitted through
the normal manual process.
8.4 If SECURE causes delays or power failures that interfere with the normal course
of business, the individual SECURE County Participants shall notify the Authorized
Submitter with a choice of using the manual recording process or waiting until the
problem has been remedied.
9. Owners' Review and Acceptance Required
Authorized Submitter's right to submit documents under this Agreement is subject to Owners.
review and acceptance of Authorized Submitter's Pathway standards and procedures. Such
approval will not be unreasonably withheld by Owners. This review is to confirm that Authorized
Submitter's Pathway is secure and meets all requirements imposed by state law and this
Agreement. Authorized Submitter agrees that, following initial approval Owners of Authorized
Submitter's Pathway, if Authorized Submitter materially modifies its Pathway, Owners will be
notified within 24 hours.
10. General Recording Requirements
10.1 Submission, acceptance and recording of any document must comply with all
applicable federal, state and local laws.
10.2 Documents may be rejected in accordance with federal, state and local law
including, but not limited to, the following reasons: document errors, failure to pay the
filing or other fees due, the document is not a type of document a county recorder is
authorized to accept for recording, or the document fails to meet any other applicable
legal requirement.
11. Suspension
Owners may suspend Authorized Submitter's submission of documents to SECURE, restrict
access, or deny access to Authorized Submitter and any of Authorized Submitter's agents or
individual staff members at any time in its sole discretion it deems necessary:
11.1 To protect the public interest.
11.2 To protect the integrity of public records
11.3 To protect real property owners from financial harm.
11.4 To prevent fraud.
11.5 For Authorized Submitter's violation of, or to prevent the violation of, any federal,
state, or local law.
11.6 For Authorized Submitter's failure to notify Owners of material modifications to its
Pathway within 24 hours.
11.7 For Authorized Submitter's default of any provision of this Agreement.
Notice of suspension will be immediately provided to Authorized Submitter by Owners.
Authorized Submitter may resume submission upon satisfactory resolution of the Owners'
concern.
12. Limitation of Liability
12.1 Owners and Individual SECURE County Participants shall be held harmless from
and not incur any liability for any damages whatsoever caused either directly or indirectly
for:
12.1.1 Information electronically transmitted by the Authorized Submitter.
12.1.2 Any breach of security, fraud or deceit resulting from electronic recording.
12.1.3 Damages resulting from software, hardware, or other equipment failure.
12.1.4 Delays or power failures that interfere with the normal course of electronic
recording.
12.1.5 Restricting or terminating Authorized Submitter's ability to electronically
record documents.
12.1.6 Claims, disputes or legal actions concerning an electronic transaction,
including, but not limited to, the accuracy, completeness or content of documents
submitted for recording.
12.2 Authorized Submitter, Owners and Individual SECURE County Participants shall
not be liable to each other for:
12.2.1 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.
12.2.2 Any failure to perform processing of the transactions and documents
where such failure is 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).
12.2.3 Except for payment and indemnity obligations hereunder, any cessation,
interruption or delay in the performance of an obligation hereunder due to
earthquake, flood, fire, storm, natural disaster, act of God, war, armed conflict,
terrorist action, labor strike, lockout boycott, provided that the party relying upon
this paragraph: (a) shall have given the other party written notice thereof
promptly and, in any event within five (5) days of discovery thereof and, (b) shall
take all reasonable steps reasonably necessary under the circumstances to
mitigate the effects of the force majeure event upon which such notice is based
in the event the force majeure event described in this paragraph extends for a
period in excess of 3 days.
13. Indemnification:
13.1 Owners and Individual SECURE County Participants (hereinafter collectively referred as
"County Parties") shall not be liable for, and Authorized Submitter shall defend and indemnify
County Parties against, any and all claims, demands, liability, judgments, awards, fines,
mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of
any kind or character, including attomeys' fees and court costs (hereinafter collectively referred
to as "Claims"), related to this Agreement and arising either directly or indirectly from any act,
error, omission or negligence of Authorized Submitter or its contractors, licensees, agents,
servants or employees, including, without limitation, Claims caused by the concurrent negligent
act, error or omission, whether active or passive, of County Parties. Authorized Submitter shall
have no obligation, however, to defend or indemnify County Parties from a Claim if it is
determined by a court of competent jurisdiction that such Claim was caused by the sole
negligence or willful misconduct of County Parties.
13.2 In the event of fraud that arises directly or indirectly from Authorized Submitter's
submission of a document for electronic recording that impacts the value of or title to real estate,
Authorized Submitter shall defend and indemnify the County Parties (as defined in section 13.1,
above) against any Claims (as defined in section 13.1, above) for any electronic recording
transaction in which the Authorized Submitter engages.
14. Termination
14.1 Either party may terminate this Agreement for any reason by providing 30
calendar days written notice of termination.
14.2 Owners may terminate this Agreement immediately if Authorized Submitter is in
default of any of the terns of this Agreement.
14.3 Notwithstanding any other provision of this Agreement, the Owners may
terminate this Agreement immediately at any time in its sole discretion it deems
necessary:
14.3.1 To protect the public interest.
14.3.2 To protect the integrity of public records.
14.3.3 To protect real property owners from financial harts.
14.3.4 To prevent fraud.
14.3.5 For Authorized Submitter's violation of, or to prevent the violation of, any
federal, state or local law.
14.4 The indemnification and limitation of liability provisions of this Agreement shall
survive any termination of this Agreement.
15. Dispute Resolution
Owners and Authorized Submitter 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.
16. Governing Laws and Venue
This Agreement has been negotiated and executed in the State of California and shall be
governed by and construed under the laws of the State of California. In the event of any legal
action to enforce or interpret this Agreement, the sole and exclusive venue shall be a court of
competent jurisdiction located in Orange County, California.
17. Amendment
Any amendments or modifications to this Agreement shall be in writing duly executed by each
parry's authorized official, which shall become effective at a time mutually agreed upon by the
Parties. No alteration or variation of the terms of this Agreement shall be valid unless made in
writing and signed by the parties hereto, and no oral understanding or Agreement not
incorporated herein shall be binding on either party.
18. Assignment
This Agreement is not assignable by the Authorized Submitter either in whole or part, without
the written consent of the Owners.
19. Entire Agreement
This Agreement contains the entire and complete understanding of the Parties and supersedes
any and all other agreements, oral or written, with respect to the terms under this Agreement.
20. Parties in Interest
None of the provisions of this Agreement or any other document relating hereto provides any
rights or remedies to any person other than the Parties hereto and the Individual SECURE
County Participants and their respective successors, transferees, assumers and assigns, if any.
21. Privileged and Confidential Information
The Authorized Submitter agrees that all personal information, which is considered privileged
and confidential under state law contained within the documents submitted for recording will not
be released by the Authorized Submitter to any individual or other legal entity who would not
otherwise have authorized access to such information. Any release of information by the
Authorized Submitter to any unauthorized individual or other legal entity may result in the
Owners terminating this Agreement. The Authorized Submitter agrees to allow any audit the
Owners feel necessary, without prior notification, to ensure privileged and confidential
information is not released to an unauthorized party.
22. Waiver
No waiver of the breach of any of the covenants, agreements, restrictions, or conditions of this
Agreement by Owners shall be construed to be a waiver of any succeeding breach of the same
or other covenants, agreements, restrictions, or conditions of this Agreement. No delay or
omission of Owners, in exercising any right, power or remedy herein provided in the event of
default shall be construed as a waiver thereof or acquiescence therein, or be construed as a
waiver of a variation of any of the terms of this Agreement.
23. Severability
If any term or portion of this Agreement is held to be invalid, illegal, void or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement
shall continue in full force and effect.
24. Sections and Exhibits
All sections and exhibits referred to herein are attached hereto and incorporated by reference.
25. Headings
The Agreement captions, clause, section and attachment headings used in this Agreement are
inserted for convenience of reference only and are not intended to define, limit or affect the
construction or interpretation of any term or provision hereof.
10
26. Recitals Incorporated
The recitals of this Agreement are incorporated by this reference as set forth herein and are
agreed to by the Parties.
27. Notice
Any notice pursuant to this Agreement shall be in writing and deemed given when delivered
personally, sent by facsimile or deposited in United States mail, postage -prepaid, to the Parties
listed below. For reporting a security incident, the Authorized Submitter shall call the Owners
contact listed in Attachment C in addition to providing written notice.
27.1 Authorized Submitter
Notices for the Authorized Submitter will be sent to the Company Representative
according to the Authorized Submitter Information listed below.
Authorized Submitter Information (please print):
Name: City of La Quinta Telephone #: 760-777-7000
Fax #: 760-777-7107
Web Site: La-Quinta.org
Street Address (location ofequipment/software) City Hall
78-495 Calle Tampico, La Quinta, CA 92253
City, State and Zip Code
Company Representative:
Susan Mayselc_ City Clerk
Telephone#: 7 6 0-7 7 7-712 3
Email Address: smaysels@la-quinta.org
Name of Scanner.
Susan Maysils, City Clerk
Telephone#: 760-777-7123
Email Address: smaysels@la-quinta.org
11
27.2 Authorized Agents
Agents authorized to submit electronically on behalf of Authorized Submitter.
27.3 Lead County Recorder
Orange County Clerk -Recorder
Attn: Renee Ramirez, Assistant Clerk -Recorder
12 Civic Center Plaza, Room 101, Santa Ana, CA 92701
Fax: (714) 834-5808
IN WITNESS WHEREOF, the Authorized Submitter and Owners have executed this Agreement
as of the date first written above.
Authorized Submitter: City of La Quinta, Riverside
Signed & Approved B
Printed Name: Frank T Snevarek
Title: City Manager City of La Quinta
Telephone#: 760-777-7030 Email Address:
Lead County Recorder:
Approved By:
VVr\e(12
County, California
12
Information for Additional Scanners:
Name of Scanner.
Pamela Nieto
Telephone#: 760-777-7103
Email Address: pnieto@la-auinta.ore
Name of Scanner.
Teresa Thompson
Telephone#: 7 60-7 7 7- 7002
Email Address: tthompson@la-quinta.org
Name of Scanner.
Telephone#:
Email Address:
Name of Scanner.
Telephone#:
Email Address:
13
Attachment A
Technical Specifications
A.1 Communications Protocol
Transmission Control Protocol/Intemet Protocol (TCP/IP) is required for the submission of
instruments.
A.2 Security Framework
The security framework required by the California Attorney General guidelines is provided for in
the SECURE Authorized Submitter client software (Authorized Submitter software). The
Authorized Submitter software shall use a minimum of 128 bit file and image encryption.
Industry standard Secure Sockets Layer (SSL) and user login with password that is encrypted
shall be employed. User passwords are controlled by the Company Representative and shall
be monitored and at a minimum changed at 90 day intervals to reduce security exposure.
Security audits and/or assessments, when deemed necessary by Owners or as required by law,
shall be allowed by Authorized Submitter. Additionally, logging capability shall be enabled and
managed to allow for reporting of user access and transaction activity, when requested by
Owners.
Computers on which documents originate shall have: (1) all critical operating system patches
applied within two -weeks from when the patch first becomes available; (2) a firewall (hardware
and software) installed and maintained; and, (3) up to date virus scan software that shall be
updated every twenty-four hours with the latest version available.
Shared user accounts may not be issued. At no time shall more than one person be authorized
access to SECURE using a single SECURE user account or set of identity credentials. Each
person shall be uniquely identified. If a user's status changes, so that access to SECURE is no
longer required, the user's SECURE account and identity credentials shall be disabled and
revoked, but not deleted from the system. SECURE user accounts and identity credentials are
non -transferable.
A.3 Types of Instruments Currently Supported by SECURE
Type 1 and Type 2 instruments are supported by SECURE.
AA Imaging Standards
The following imaging standards shall be complied with:
• Documents will be scanned at the appropriate dots per inch (dpi) for each Individual
SECURE County Participant.
• Documents will be scanned in portrait mode.
• All pages, including attachments, must be numbered sequentially.
• Documents must be scanned to original size.
• Document details, such as margins, font size and other similar requirements, must meet
all applicable state statute as set out in, Government Code Section 27361 et seq.
14
Attachment B
SECURE Indexing Examples
B.1 Eligible Document Types
Maximum page size for a document is 8%" by 14", or smaller. The following document types,
based on the Owners' Document Reference and Indexing Manual, are accepted for recording
by SECURE:
Type 1
Type 2
B.2 Required Submitting Fields
All documents submitted will require that the following index fields be completed:
Grantor(s)
Amount of Sale
City Code
Legal Description (lot and track)
Mail Tax Statement To Address
B.3 Proper names should be keyed last name first.
B.3.1 Examples
SAMUELJONES
B.4 No special characters should be keyed.
B.4.1 Examples
A-1 OPTICAL INSURANCE CO
not
not
not
Grantee(s)
Transfer Tax
Assessor's Parcel Number
Property Address (Situs)
JONES SAMUEL
JONES,SAMUEL
SAMUELJONES
A 1 OPTICAL INSURANCE CO
A-1 OPTICAL INSURANCE CO
VAN DER WALL BAR & GRILL = VAN DER WALL BAR AND GRILL
not VAN DER WALL BAR & GRILL
not VANDERWALL BAR & GRILL
15
B.5 Numerals are allowed but not as the first character.
B.5.1 Examples
123 BROADWAY GRILL = ONE23 BROADWAY GRILL
not 123 BROADWAY GRILL
not ONE TWO THREE BROADWAY GRILL
B.6 No abbreviations except in the return address field. Those should be the same as the
USPS Postal codes.
Attachment C- Riverside County
C.1 Hours of Operation
a) 8:00a.m. Recording Time
Title Company documents may be submitted to SECURE each day from 4:01p.m.
the previous day to 8:00a.m. (Pacific Time).
b) Daily Documents
All documents maybe submitted to SECURE from 8:01 a.m. to 4:00p.m. (Pacific
Time) each day by all Authorized Submitters.
Submissions will be processed by the County of Riverside Monday through
Friday, excluding County Holidays. Submissions on Saturday's and
Sunday's, and County Holidays are unacceptable and will be rejected by our
office.
C.2 Types of Documents and Processing Timeframes
a) 8:00a.m.: (Tvpe 1 and Type 2 Title Company Documents
Documents submitted under this category will be recorded and returned daily on a
First In — First Out (FIFO) basis and will receive a time stamp of 8:00am.
b) Daily: (ine 1 and Type 2 Documents)
Documents submitted under this category will be recorded on a FIFO basis and
will receive a time stamp of the real time receipted; however any documents in
the daily queue not processed the day they were electronically received will be
processed within three business days thereafter.
c) Electronic Signatures on Digital Documents — Type 2 Documents
Agents/Authorized Submitters will be required to provide documentation,
satisfactory to Riverside County, of their electronic signature process. The
documentation must clearly show the method of how the signature is affixed and
the security features of the process that prevents fraud or forgery.
Prior to submitting documents Agents/Authorized Submitters will also be
required to provide a list of authorized signors that contains samples of the
electronic signatures they intend to use and shall update the list, from time to
time, as the names change.
Upon review, the County Recorder will notify the Agents/Authorized Submitters
of the County Recorder's approval or denial of the proposed electronic signature
process.
Revised on 10/11/12 1
C3 Concurrent Packages/Related and Severable Documents
a) Concurrent Packages
The Submitter must identify all packages that are to record concurrently with
another package by checking the appropriate box in SECURE, identifying the
recording specifics in the notes field and within the package order number (i.e.
CoR- 123456- 1 of 3). It is the responsibility of the Submitter to submit the
packages in the proper recording order.
b) Related and Severable Documents
Riverside County will reject an entire package if any document in the package
requires further attention.
CA Processing Schedules
Riverside County will not reserve a place for a document/package that is returned
to a Submitter for further attention or correction. All corrected
documents/packages will be considered as new submissions.
C.5 Package Submittals
The Submitters are required to request a unique "Account Code" from the County
of Riverside Assessor -County -Clerk -Recorder Accounting Section for financial
billing purposes.
Packages shall be submitted using the unique "Account Code" as the leading
prefix, followed by the transaction order number; i.e. COR-125630.
The Submitter shall limit the size of each package to a maximum of 25
documents.
C.6 Recording Fees
All fees shall be paid in accordance with Riverside County's approved process as
described in C.14 and may be amended from time to time by the County.
C.7 Return Options
Recorded documents will be returned to the Submitter in electronic format after
recordation is complete. Recorded documents will include endorsement labels
which will provide the following: Document Number, Recording Date and Time,
Fees, Transfer Tax Paid (if applicable), and Number of Pages.
The County of Riverside reserves the right to make changes to the indexing
and/or Documentary Transfer Tax information, as well as any fee adjustments as
necessary.
Revised m 10/11/12 18
Submitted documents that are rejected for correction will be returned to the
Submitter in electronic format along with a description of the reason(s) for
rejection.
C.8 Scanning Requirements
• Solid black characters on white paper
• Embossed text and seals shall be shaded and legible
• Minimum font size is 10 pt. Arial font type is recommended
• Scan in black and white scale. Grey or colored scale is unacceptable
• Original page size must be maintained when scanning into SECURE. Page size
must not exceed 8 '/z x 14
C.9 Illegible Documents
The Submitter is responsible for scanning documents at 300 dpi quality level and
performing quality assurance on each page of all documents to ensure compliance
with photographically reproducible requirements. Documents or pages not
meeting this requirement will be rejected for rescanning and resubmission.
C.10 Preliminary Change of Ownership Report (PCOR)
PCORs shall be scanned as a separate attachment to the document and submitted
into the "PCOR" image field. Documents containing PCORs as part of the
recordable document will be rejected and returned to the Submitter for correction
and resubmission.
C.11 Documentary Transfer Tax Affidavit
If a document includes a PCOR and a DTT Affidavit, the DTT Affidavit must be
scanned after the PCOR into the "Other" image field.
C.12 Non -Disclosure Statements, also known as "Not for Public Record" or "No -
Shows"
Non -Disclosure Statements shall be scanned as a separate attachment to the
document and submitted into the "Other" image field. Documents containing a
Non -Disclosure Statement as part of the recordable document will be rejected and
returned to the Submitter for correction and resubmission.
The Submitter shall not include the applicable taxes on the face of the document.
C.13 Technical Service Help and Security Incident Contact Information
If assistance is required for technical issues or a security issue requires reporting,
please call (714) 47879891, Monday through Friday between the hours of
7:00a.m. and 5:00p.m.
Revised on 10/1I/I2 19
C.14 Payment Options
Submitter is responsible for the payment of all recording fees. The Submitter
agrees to provide the County of Riverside with an authorization to originate
Automated Clearing House (ACH) debits against its bank account in payment of
said fees. If any ACH debit is returned unpaid, the County of Riverside may
immediately stop the submission and recording of electronic documents from said
Submitter. The Submitter must pay' all outstanding balances and returned item
fees and may be required to post a security deposit as condition to resume the
submission and recording of electronic documents.
C.15 Account Setup Procedures
The Submitter is required to complete the applicable Memorandum of
Understanding, the Application for Charge Account and the ACH Debit
Authorization forms. Once the account request is approved, a Customer Code will
be created and activated for use.
C.16 Revortine and Reconciliation
The County of Riverside will e-mail a Title Company Detail Report to each
submitter, showing the breakdown of the fees due to be debited via ACH. The
Submitter is responsible for reconciling the Title Company Detail Report and
notifying the County Recorder's Accounting department of any discrepancy.
C.17 Agent Responsibilities
All Authorized Submitters are required to follow the guidelines listed above when
using an Agent to submit on their behalf. It is the responsibility of every Agent to
deliver a copy of this Attachment C, which outlines the rules for electronic
recording in Riverside County, to each of their Authorized Submitters.
The above `Attachment C' is a component of the Electronic Recording Memorandum of
Understanding ("MOU" or "Agreement'), made and entered into, between the counties
of Los Angeles, Orange, Riverside, and San Diego that own the Statewide Electronic
Courier Universal Recording Environment ('SECURE'), which contains specific
business operating procedures for the County of Riverside.
IN WITNESS WHEREOF, the Authorized Submitter/Agent have thoroughly reviewed
the contents of the above `Attachment C', have thorough understanding of, and agree to
comply with its terms and conditions.
Authorized Subm/tter/A City o Quints, Riverside County, CA
Signed &Approved By:. 5iA 40
Printed Name: -Frank a.�evace ' �
Title: City Manager
Office Location: 78-495 Calle Tampico, La Quints, CA 92253
Telephone#: ern-777-70m Email Address: fspevacek@la-quinta.org
Revised on 10/11/12 20
Attachment E
California Attorney General Certification Guidelines
EA Overview
As a State of California certified system, participation requires that certain requirements be met
by Authorized Submitter. The regulations governing electronic recording delivery systems can
be found at Chapter 18 of Division 1 of Title 11 of the California Code of Regulations, beginning
with section 999.100.
E.2 Requirements
E.2.1 Fingerprinting Process — As an Authorized Submitter of Type 1 instruments or,
Type 1 and Type 2 instruments for electronic recording, individual submitter staff
members have a secure access role and are required to submit to a ".Live Scan"
fingerprint submission. Using the Request for Live Scan Service form (BCII
8016ERDS) and a service site (that can be found at
http://ag.ca.gov/fingerprints/index), individual submitter staff members will pay
the applicable fees in order to have their fingerprints submitted for approval to
participate in the program. This process should be coordinated through the
SECURE lead county (Orange County Clerk -Recorder) in order to get the Live
Scan Service form and to make sure the applicant copy is notarized before being
sent to the ERDS Program as proof of submission.
E.2.2 Digital Certificate — Authorized Submitters will purchase a hardware based Public
Key Infrastructure (PKI) digital certificate from authorized vendor approved by the
SECURE lead county. One digital certificate will be purchased for each
individual submitter staff member. For use of the digital certificate to submit
documents for recording electronically, please refer to the SECURE Authorized
Submitter User Manual.
21