The Electronic Recording Delivery Act (ERDA) of 2004 requires the Attorney General to certify and provide oversight for any electronic recording delivery system being developed by a county. The Attorney General has established the ERDS Program within the Department of Justice, which is responsible for implementing the requirements of the law.
Under the law, a county’s electronic recording delivery system must meet specified security standards and all persons with a secure access role are required to undergo fingerprint criminal history checks.
Regulations to administer the ERDA have been established under Title 11, Division 1, Chapter 18, Articles 1 through 9 of the California Code of Regulations. The regulations define guidelines, procedures and standards which shall ensure the security of an ERDS. The regulations can be accessed by using the “Law/Regulations” button on the right menu bar.
County recorders are responsible generally for examining and recording all documents that deal with establishing ownership of land in counties. This includes the recording of titles documents, notes, and home loan payoffs by homeowners, title companies, mortgage companies and government agencies involved in real estate transactions. The recording process traditionally has involved the transmission of original paper documents.
To establish an electronic recording delivery system, a county recorder must be authorized by resolution of the board of supervisors and obtain system certification from the ERDS Program. Certain title insurers, underwritten title companies, institutional lenders and local, state or federal government agencies are allowed to use a certified county ERDS to send images of original paper documents.
If you have questions, please contact us at the Electronic Recording Delivery System Program.