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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 § 4 7-10-118( 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.
2 HOUSE BILL NO. 1039
PASSED: March 17, 2025
n
CAMERON SEXTON, SPEAKER
HOUSE OF REPRESENTATIVES
~ 't'\L~il\....
4. "' ' - ~ RANDY-MC
SPEAKER OF THE SENATE
APPROVED this !}1/,P... day of {Vh CriL 2025
~UA II
BILL LEE, GOVERNOR