The judge of probate in each county shall have the ultimate authority to authorize persons or entities to electronically record property records (an "authorized filer"). The form and manner of transmission of property records for electronic recording shall be in accordance with these procedures in addition to any procedures established by each judge of probate in his or her sole discretion:

1. (a) An authorized filer should visually inspect each instrument prior to transmitting to ensure compliance with existing statutory recording requirements.
2. (b) Electronic submissions shall contain sufficient information to identify the authorized filer, to uniquely identify the instrument to be recorded, and any other information required by the judge of probate.

3. (c) Instruments transmitted electronically shall:

   1. (1) provide fidelity to the original appearance of any instrument at the time such instrument was first created, whether by electronic or other means;
   2. (2) retain the original content; and
   3. (3) provide for a non-proprietary digital file format.

Author: Jean Brown

Statutory Authority: Code of Ala. 1975, §35-4-124(c).

History: New Rule: Filed October 29, 2012; effective December 3, 2012.