Wyoming Adopts Provisions Regarding Uniform Real Property Electronic Recording Act
Wyoming adopted provisions regarding the Uniform Real Property Electronic Recording Act. The provisions, effective on January 1, 2017, include validating electronic documents for recording, authorizing electronic recordings by county clerks, and providing that a county clerk who accepts electronic recordings of deeds, mortgages, conveyances, and other like documents, must establish procedures to govern the electronic recordings.
Validation
W.S. 34-1-403 Validity of Electronic Documents
- If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium or be in writing, the requirement is satisfied by an electronic document satisfying this act.
- If a law requires, as a condition for recording, that a document be signed or originally signed, the requirement is satisfied by an electronic signature.
- A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed or made under oath is satisfied if the electronic signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression or seal need not accompany an electronic signature.
Authorization
W.S. 34-1-404 Recording of Documents
- A county clerk who implements any of the functions in this section shall do so in compliance with rules promulgated by the department of enterprise technology services pursuant to W.S. 34-1-405.
- A county clerk may:
- Receive, index, store, archive and transmit electronic documents;
- Provide for access to, and for search and retrieval of, documents and information by electronic means;
- Convert paper documents accepted for recording into electronic form;
- Convert into electronic form information recorded before the county clerk began to record electronic documents;
- Accept electronically any fee that the county clerk is authorized to collect
6. Agree with other officials of a state or a political subdivision thereof or of the United States on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees.
- A county clerk who accepts electronic documents for recording shall continue to accept paper documents as authorized by state law and shall place entries for both types of documents in the same index.
- As used in this section, “paper document” means a document received by the county clerk in a form that is not electronic.
Procedure
County Clerk Duties
If the county clerk accepts electronic recordings of deeds, mortgages, conveyances, patents, certificates, instruments and other like documents, the clerk shall establish procedures to govern the electronic recordings consistent with rules promulgated by the department of enterprise technology services pursuant to W.S. 34-1-405. W.S. 18-3-402(a)(xxv).
The county clerk of each county within this state shall receive and record at length all deeds, mortgages, conveyances, patents, certificates and instruments left with him for that purpose, and he shall endorse on every such instrument the day and hour on which it was filed for record. The county clerk shall not record any document until the address of the grantee, mortgagee or assignee of the mortgagee is furnished to the county clerk, but this requirement shall not affect the validity of the recording of any instrument. Only instruments which are the originally signed documents, including electronic documents recorded pursuant to the Uniform Real Property Electronic Recording Act, W.S. 34-1-401 through 34-1-407, or properly certified or authenticated copies thereof may be properly recorded. A document is properly certified if in compliance with Rule 902 of the Wyoming Rules of Evidence or other applicable rule or statute. W.S. 34-1-119(a).
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