Papering-out laws allow a remote online notarized documents to be printed for eRecording. Each state has its own requirements for recording a paper printout of an electronic document.
Who this is for
This content is intended for Support Agents. Only individuals trained and authorized to use the tools and procedures outlined in this article should do so. If you're unsure, please contact your manager to confirm.
This document is confidential and for internal use only.
Who is responsible for compliance
Title agents are generally responsible for researching these rules and ensuring compliance. However, anyone executing a document that will need to be recorded should verify that their electronically notarized document will be accepted by reviewing their state's laws.
If the property is in a county that doesn’t offer eRecording, there may still be an option to pursue digital closings. Many states now have laws that allow recording entities, at their discretion, to record a true and complete paper printout of an electronic document.
Although not all states specify each item, keep an eye out for the following details:
- Who must supervise the printing out of the electronic document? For example, a notary, attorney, escrow officer, or someone else
- What kind of certification must be attached? For example, a Declaration of Authenticity or a Copy Certification
- The specific language and or contents of the certification
How it works
Generally, any papering-out process involves three steps:
- The right person (usually a notary) will supervise the printing of the electronic document to be recorded. This printout should be the entire document, including any notarizations applied to the document by an electronic or remote notary.
- The notary attached their own certificate stating that the printout is a true and accurate printout, according to the state’s requirements.
- The paper document with the new “certification” is then submitted for recording.
As digital closing solutions grow in popularity, county recorders must have the tools and means to handle a range of closing methods, whether the closing is in-person, hybrid or fully online. These “papering out” laws will help county recorders meet changing consumer and industry preferences, allowing buyers and sellers across the country to close when and how they want.
States that do not offer papering out
States not listed below generally allow papering out.
The states below do not offer papering out. In these states, the recorder must permit e-recording:
- Alabama
- Connecticut*
- Maine
- Massachusetts*
- Michigan
- Nebraska
- North Carolina
- Rhode Island
- South Carolina*
- South Dakota
- Utah
- West Virginia