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Papering Out and Recording Electronic Records | Proof

The real estate industry has increasingly adopted remote online notarizations and electronic recordings (eRecordings) for property transactions, but in counties without eRecording capabilities, many states permit "papering out," which involves submitting a certified paper printout of electronic documents for recording, with each state imposing specific requirements on supervision, certification, and documentation to ensure authenticity and compliance.

The entire real estate industry has seen a massive shift toward remote online notarizations and fully online real estate closings. Hundreds of thousands of homes have already been bought and sold online with the help of progressive underwriters and counties that are accepting electronic recording, or eRecordings.

If your property is in a county that doesn’t offer eRecording, there may still be an option to pursue digital closings. Many states now have laws that allow recording entities, at their discretion, to record a true and complete paper printout of an electronic document.

How "Papering Out" Works

For counties that only record paper documents, “papering out” involves submitting a certified paper printout of the electronic record. States and districts that now allow for the “papering out” of real estate documents include:

  • Alaska
  • Arizona
  • Arkansas
  • California
  • Colorado
  • Delaware
  • District of Columbia
  • Florida*
  • Georgia
  • Hawaii
  • Idaho
  • Illinois
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Louisiana
  • Maryland
  • Michigan
  • Minnesota
  • Mississippi
  • Missouri
  • Montana
  • Nevada
  • New Hampshire
  • New Jersey
  • New Mexico
  • New York
  • North Dakota
  • Ohio
  • Oklahoma
  • Oregon
  • Pennsylvania
  • Tennessee
  • Texas
  • Vermont
  • Virginia*
  • Washington
  • Wisconsin
  • Wyoming

*Papering out is only expressly authorized for counties that do not electronically record.

Each state has its own requirements for recording a paper printout of an electronic document. Title agents are responsible for researching these rules and ensuring compliance. Although not all states specify each item, keep an eye out for the following details:

  • Who must supervise the printing out of the electronic document? For example, whether it must be a notary, attorney, escrow officer, or someone else.
  • What kind of certification must be attached? For example, whether it is called a “Declaration of Authenticity” or a “Copy Certification.”
  • The specific language and/or contents of the certification.

Generally, any papering out process involves three steps:

  1. 1.The right person in your office (usually a notary) will supervise the printing of the electronic document to be recorded. This printout should be the entire document, including any notarizations applied to the document by an electronic or remote notary.
  2. 2.The notary would then attach his or her own certificate stating that the printout is a true and accurate printout, according to the state’s requirements.
  3. 3.The paper document with the new “Certification” is then submitted for recording.

As digital closing solutions grow in popularity, county recorders must have the tools and means to handle a range of closing methods, whether the closing is in-person, hybrid, or fully online. These “papering out” laws will help county recorders meet changing consumer and industry preferences, allowing buyers and sellers across the country to close when and how they want.