eRecording FAQ’s – frequently asked questions by eRecorders
Is eRecording Legal in Virginia?
The Uniform Electronic Transaction Act (UETA) established and authorized the legal equivalence of electronic records (documents) and electronic signatures. The Uniform Real Property Electronic Recording Act (URPERA) authorized the Circuit Court Land Record Clerk to accept records (documents) in an electronic format. The Virginia Information Technologies Agency (VITA) developed the Information Technology Resource Management Standard, Virginia Real Property Electronic Recording Standard SEC505-00 effective May 1, 2007 (click here to view PDF).
In Virginia, this is Article 7 of the Code of Virginia, titled “Uniform Real Property Electronic Recording Act.” It is part of Title 55, titled “Property and Conveyances”. It is part of Chapter 6, titled “Recordation of Documents”. These are comprised of 6 sections of the Code of Virginia: https://vacode.org/2016/55/6/7/
- Sec 55-142.10 Definitions
- Sec 55-142.11 Validity of electronically filed and recorded land records
- Sec 55-142.12 Recording of electronic documents among the land records
- Sec 55-142.13 Uniform standards
- Sec 55-142.14 Uniformity of application and construction
- Sec 55-142.15 Electronic Signatures in Global and National Commerce Act
What jurisdictions are currently eRecording in the Commonwealth of Virginia?
According to the eRecording provider Simplifile website the following jurisdictions are currently eRecording in Virginia: simplifile.com
- Albemarle County
- Alexandria City
- Arlington County
- Augusta County
- Bristol City
- Charles City County
- Chesapeake City
- Chesterfield County
- Craig County
- Dinwiddie County
- Fairfax County
- Fauquier County
- Giles County
- Goochland County
- Greensville County
- Hanover County
- Henrico County
- Isle of Wight County
- James City County (Williamsburg)
- King George County
- Loudoun County
- Montgomery County
- Norfolk City
- Portsmouth
- Powhatan County
- Prince William County
- Roanoke City
- Roanoke County
- Rockingham County
- Scott County
- Shenandoah County
- Smyth County
- Spotsylvania County
- Staunton City
- Suffolk City
- Virginia Beach City
- Washington County
- Waynesboro City
- York County
What type of documents are being accepted in these jurisdictions?
It is important to note that not all jurisdictions are accepting all types of documents for electronic filing. Contact the Circuit Court Clerk’s office for more information http://www.courts.state.va.us/courts/circuit/home.html
What is the process to eRecord?
Contact the Circuit Court Clerk in the jurisdiction you want to eRecord and they will provide you the necessary information concerning eRecording in their jurisdiction. They will also provide the contact information for the eRecording Company that they are using, in order for you to get set-up to eRecord.
Julie Rutledge
VLTA Treasurer 2018-2019
Land Title Research, Inc.
Jrutledge@ltrinc.com
