The three models of automation are as follows:
Level 1: Submitting organizations transmit scanned images of original ink signed documents to the office of the Chancery Clerk. The office of the Chancery Clerk completes the recording process in the same way as paper using the imaged copy as the source document. Once the office of the Chancery Clerk accepts the documents for recording, the scanned image is "burned" with the recording information, including recording date and time as well as the unique recording reference number, such as instrument number. Indexing is performed by the indexing staff of the Chancery Clerk's office, as with paper documents. A copy of the recorded images is returned to the submitter, together with the recording endorsement data.
Level 2: Submitting organizations transmit scanned images of ink signed documents or an electronic document electronically signed and notarized, along with data necessary for processing, indexing, and returning the document, to the office of the Chancery Clerk. The office of the Chancery Clerk performs an electronic examination of the imaged document and indexing data, and then completes the recording process using the imaged copy and electronic indexing information. The electronic version of the recorded document is returned to the submitter, together with the recording endorsement data.
Level 3: Submitting organizations transmit documents which have been created, signed and notarized electronically containing the electronic indexing information, or SMART" documents which are a single object containing the electronic version of the document in such a way that enables the electronic extraction of data from the object. SMART" documents are required to be signed and notarized electronically. Electronic signatures must comply with the Uniform Electronic Transaction Act (UETA). The office of the Chancery Clerk performs an electronic examination of the electronic documents and indexing information, then completes the recording process using the electronic documents. Images of electronic and SMART" documents are made, and returned to the submitting organization, along with recording endorsement data.
Property Records Industry Association (PRIA)/Mortgage Industry Standards Maintenance Organization (MISMO) file format standards will be used. The file format shall be TIFF or PDF, and must be so specified.
Transmission Control Protocol/Internet Protocol (TCP/IP), HTTP and HTTPS will be used.
Encryption will be a minimum 128 bit file and image encryption. Secure Socket Layer (SSL) and user login/password will be employed. User passwords are controlled by the Submitter and should be monitored/or changed periodically to ensure security. Computers on which documents originate must have all critical operating system patches applied, must have a firewall (hardware or software) installed, and must have up to date virus scan software.
Property Records Industry Association (PRIA)/Mortgage Industry Standards Maintenance Organization (MISMO) file format standard will be used. Documents will be returned in the file format (TIFF or PDF) specified by the submitter.
The use of Electronic Signatures and Digital Certificates will need to adhere to the guidelines set out in any applicable Mississippi Statutes and Mississippi Secretary of State administrative rules.
Documents will be scanned at a minimum of 200 dpi. Documents will be scanned in portrait mode. Document images will be captured in single page [or specify multi page] storage format. Scanned documents will be legible and reproducible including signatures and notary seals. Document details, such as margins, font size, and other similar requirements, must meet all applicable state or local standards. Documents must be scanned to original size.
Miss. Code. tit. 36, pt. 201, ch. 3, att. 36-201-3-A