Sub. H.B. No. 237 Summary

• Electronic Recording Requirements: County recorders must make available electronic methods for recording real property conveyance instruments and other specified documents by January 1, 2025, with public web access to electronic indexes and instruments recorded since January 1, 1980.

• Recorded Instrument Fees: Increases base fees and housing trust fund fees for recording instruments, including document preservation surcharges; creates separate fee schedules for different document types.

• Powers of Attorney for Real Property: Establishes procedures for recording powers of attorney used to execute real property instruments, including provisions for late recording through supporting affidavits when the power of attorney is executed the same day as the real property instrument.

• Mortgage Subrogation Rights: Creates new section 5301.234 establishing that mortgages granted to satisfy prior mortgages or liens may be subrogated to the priority of the satisfied lien if parties intend such priority and subordinate lienholders expected to remain junior.

• $8 Million Appropriation: Allocates $8 million in fiscal year 2023 to county recorders for implementing electronic recording requirements under the County Recorder Electronic Record Modernization Program.