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| 10 | | - | ~tate of \!Cennessee |
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| 11 | | - | PUBLIC CHAPTER NO. 104 |
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| 12 | | - | HOUSE BILL NO. 1039 |
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| 13 | | - | By Representative Garrett |
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| 14 | | - | Substituted for: Senate Bill No. 1230 |
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| 15 | | - | By Senators Briggs, Yager |
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| 16 | | - | AN ACT to amend Tennessee Code Annotated, Title 47, Chapter 10, Part 1 and Title 66, |
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| 17 | | - | Chapter 24, Part 2, relative to electronic recordings. |
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| 1 | + | |
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| 2 | + | SENATE BILL 1230 |
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| 3 | + | By Briggs |
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| 4 | + | |
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| 5 | + | HOUSE BILL 1039 |
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| 6 | + | By Garrett |
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| 7 | + | |
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| 8 | + | |
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| 9 | + | HB1039 |
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| 10 | + | 002677 |
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| 11 | + | - 1 - |
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| 12 | + | |
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| 13 | + | AN ACT to amend Tennessee Code Annotated, Title 47, |
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| 14 | + | Chapter 10, Part 1 and Title 66, Chapter 24, Part |
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| 15 | + | 2, relative to electronic recordings. |
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| 16 | + | |
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| 27 | 26 | | sponsored entity, an instrumentality of the federal government, or a person |
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| 28 | 27 | | approved as a mortgagee by the United States to make federally insured loans; |
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| 29 | 28 | | (4) A person licensed to make regulated loans; |
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| 30 | 29 | | (5) A licensed title insurance company or title insurance agent; or |
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| 31 | 30 | | (6) This state, or any county or municipality, utility district, school district, |
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| 32 | 31 | | power district, sanitary district, or other political subdivision of this state, and any |
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| 33 | 32 | | agency, authority, branch, bureau, commission, corporation, department, or |
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| 34 | 33 | | instrumentality of such political subdivision. |
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| 35 | 34 | | SECTION 2. Tennessee Code Annotated, Section 66-24-203, is amended by deleting |
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| 36 | 35 | | subsection (d) and substituting: |
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| 41 | | - | (2) Subject to the requirements under subdivision (d)(1), a county register |
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| 42 | | - | may receive for registration electronic ~ocuments created by making a digitized |
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| 43 | | - | image of an original paper document that is eligible for registration and has the |
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| 44 | | - | certification required by§ 66-24-101 (d). |
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| 45 | | - | (3) All recordings of electronic documents eligible for registration pursuant |
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| 46 | | - | to this subsection (d) are validly registered when accepted for recording by the |
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| 47 | | - | county register. It is the responsibility of the electronic filing vendor, and not the |
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| 48 | | - | county register, to ensure that the vendor is only transmitting electronic |
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| 44 | + | (2) Subject to the requirements under subdivision (d)(1), a county |
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| 45 | + | register may receive for registration electronic documents created by making a |
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| 46 | + | digitized image of an original paper document that is eligible for registration and |
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| 47 | + | has the certification required by § 66-24-101(d). |
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| 48 | + | (3) All recordings of electronic documents eligible for registration |
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| 49 | + | pursuant to this subsection (d) are validly registered when accepted for recording |
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| 50 | + | by the county register. It is the responsibility of the electronic filing vendor, and |
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| 51 | + | not the county register, to ensure that the vendor is only transmitting electronic |
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| 52 | 55 | | SECTION 3. Tennessee Code Annotated, Section 66-24-204(a), is amended by adding |
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| 53 | 56 | | the following as a new subdivision: |
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| 54 | 57 | | (10) May only accept for registration documents transmitted by electronic filing |
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| 55 | 58 | | vendors on behalf of those persons authorized to submit electronic records pursuant to § |
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| 56 | 59 | | 47-10-118(d). It is the responsibility of the electronic filing vendor, and not the county |
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| 57 | 60 | | register, to ensure that the vendor is only transmitting electronic documents to county |
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| 58 | 61 | | registers from persons authorized to submit electronic records pursuant to § 47-10- |
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| 59 | 62 | | 118(d). An electronic filing vendor is liable for any damages resulting from the vendor's |
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| 60 | 63 | | failure to comply with this subdivision (a)(10). |
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| 61 | 64 | | SECTION 4. This act takes effect July 1, 2025, the public welfare requiring it. |
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