An Express Article from the California Land Title Association
Bulletin 06/07-4 - July 11, 2006
The Electronic Recordation Task Force, run by the State Attorney General’s Office, met on June 27, 2006 in Sacramento to discuss the Electronic Recordation Delivery System (ERDS) handbooks and proposed regulations. A CLTA representative attended the meeting.
The AG's office continues to make minor revisions to the draft regulations but encouraged all interested parties, including the title industry, to start reviewing these regulations now. The CLTA strongly encourages all member companies and affiliates to review these draft regulations and provide comments directly to the CLTA who will convey those comments as part of the title industry response.
Much of the time spent at the meeting on the 27th centered around whether the computer terminals at the County Recorder's Office will be secure under the proposed system. In other words, if a county worker at the Recorder's office has network connectivity at the county level, the concern is that the security and integrity of the ERDS system could be compromised by an intruder. While lender groups, county recorders and title industry representatives believe this issue will be addressed by individual recorders, district attorney representatives still want enhanced security provisions over and above those already provided for in the draft regulations.
During the June 27th meeting, there was a small committee formed to review some issues that centered around an issue of security at the County Recorder's Office raised by some district attorney representatives attending the meeting. Specifically, this committee is supposed to have a conference call in the near future to discuss the fact that the front end and back-end or endpoints are considered to be at risk by the District Attorneys (See page one of the comments for discussion re Section 1.1.1 and 1.1.3 of the Baseline Requirements & Technology Standards booklet.) This committee met on July 7th and the CLTA was successful in keeping out new and unfavorable security requirements from being incorporated into the draft regulations.
The County Recorders in attendance at the meeting are in opposition to any requirement that would subject them to being audited by the State of California under the ERDS regulations. However, this requirement may not be negotiable from the AG and DA perspective.
All written comments should be forwarded to Cynthia Groom at CLTA at cg@clta.org who will compile them all into one document from the industry.
If you have any questions regarding these regulations of the ERDS or the original legislation enacting the ERDS program, please do not hesitate to call Craig Page, CLTA’s Vice President and Legislative Counsel at cp@clta.org.