Real Property - As enacted, specifies certain persons who may submit electronic records for registration with a register of deeds that accepts electronic records under the Uniform Real Property Electronic Recording Act; , the official text

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                        ~tate of \!Cennessee

                         PUBLIC CHAPTER NO. 104

                                                 HOUSE BILL NO. 1039

                                               By Representative Garrett

                                       Substituted for: Senate Bill No. 1230

                                               By Senators Briggs, Yager

         AN ACT to amend Tennessee Code Annotated, Title 47, Chapter 10, Part 1 and Title 66,
Chapter 24, Part 2, relative to electronic recordings.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Section 47-10-118, is amended by adding the
following as a new subsection:

                    (d) The following persons may submit electronic records for registration with a
          register of deeds that accepts electronic records under this chapter:

                              (1) A licensed attorney;

                              (2) A bank, savings and loan association, savings bank, or credit union
                    doing business under laws of the United States or this state;

                              (3) A federally chartered lending institution, a federal government-
                    sponsored entity, an instrumentality of the federal government, or a person
                    approved as a mortgagee by the United States to make federally insured loans;

                               (4) A person licensed to make regulated loans;

                               (5) A licensed title insurance company or title insurance agent; or

                               (6) This state, or any county or municipality, utility district, school district,
                     power district, sanitary district, or other political subdivision of this state, and any
                     agency, authority, branch, bureau, commission, corporation, department, or
                     instrumentality of such political subdivision.

          SECTION 2. Tennessee Code Annotated, Section 66-24-203, is amended by deleting
subsection (d) and substituting:

                     (d)

                               (1) A county register may receive for registration electronic documents
                     transmitted by electronic filing vendors on behalf of those persons authorized to
                     submit electronic records pursuant to§ 47-10-118(d).

                               (2) Subject to the requirements under subdivision (d)(1), a county register
                     may receive for registration electronic ~ocuments created by making a digitized
                     image of an original paper document that is eligible for registration and has the
                     certification required by§ 66-24-101 (d).

                               (3) All recordings of electronic documents eligible for registration pursuant
                     to this subsection (d) are validly registered when accepted for recording by the
                     county register. It is the responsibility of the electronic filing vendor, and not the
                     county register, to ensure that the vendor is only transmitting electronic
                     documents to county registers from persons authorized to submit electronic
                     records pursuant to § 47-10-118(d). An electronic filing vendor is liable for any
                     damages resulting from the vendor's failure to comply with this section.
HB1039
          SECTION 3. Tennessee Code Annotated, Section 66-24-204(a), is amended by adding

the following as a new subdivision:
                    (10) May only accept for registration documents transmitted by electronic filing

          vendors on behalf of those persons authorized to submit electronic records pursuant to §
          47-10-118(d). It is the responsibility of the electronic filing vendor, and not the county
          register, to ensure that the vendor is only transmitting electronic documents to county
          registers from persons authorized to submit electronic records pursuant to § 47-10-
          118(d). An electronic filing vendor is liable for any damages resulting from the vendor's
          failure to comply with this subdivision (a)(10).
          SECTION 4. This act takes effect July 1, 2025, the public welfare requiring it.

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                         HOUSE BILL NO. 1039

PASSED:  March 17, 2025

                         CAMERON SEXTON, SPEAKER
                         HOUSE OF REPRESENTATIVES

                         n ~' 't-'\~LR~AiNlD\Y.-.M.C.
                         4.                          "'
                         SPEAKER OF THE SENATE

!}1/,P... APPROVED this  day of {Vh CriL      2025

   ~ U A II

BILL LEE, GOVERNOR