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FYI
The Douglas County Register of Deeds office will be closed from 8 a.m. - 9 a.m. on Wednesday, Oct. 6, 2010. We will resume our regular hours of operation on Thursday, October 7.
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The following information was distributed on Nov. 2, 2009:
Douglas County Register of Deeds Makes History; The Office is the First to E-Record in Nebraska
Omaha, NE--If you asked Diane Battiato what word in the nation's IT dictionary caused her the most mental anguish in recent years, she would reply, with little hesitation, "e-recording." Battiato, who is the Douglas County, NE, register of deeds, came into office more than five years ago. One of her goals, she says, was to move the office forward, technologically. E-recording was near the top of her to-do list, but seemingly, unattainable. E-recording, formally known as electronic recording, is the process of submitting, receiving and processing documents for recording via the Internet. E-recording can be done by individuals, or companies.
"Not being able to e-record was unfathomable. Hundreds of counties around the nation were e-recording, but not a single county in Nebraska," Battiato says. "After a while, e-recording became the brass ring for me. I wanted it for our users, for Nebraska. It simply did not make sense that we weren't using this amazing piece of technology."
According to Battiato, previous attempts to get the e-record ball rolling had failed. She believes that, in large part, the Nebraska counties were hesitant to e-record because of uncertainty regarding the legality of e-recording in the state, even though UETA (Uniform Electronic Transmission Acts) had been passed by the legislature in 2000.
Nonetheless, Battiato decided to launch her own campaign to e-record. What followed were months of communication between the secretary of state's office and her office. Then, after a seemingly endless flow of e-mails, letters, and phone calls, and a flurry of last-minute clarifications, Battiato received word from the secretary of state.
"I received an official opinion, in June. In short, Secretary of State John Gale gave us the green light to move forward. He expressed complete confidence in what we wanted to do, and thus eliminated any legal uncertainty surrounding the issue."
Battiato moved quickly; she knew that interest was high among her users to e-record. In early August, she held an e-recording kickoff to which more than 100 supporters came; they represented more than 40 busineses, organizations and government offices. Simplifile, her initial e-recording vendor, demonstrated the service and registered attendees for training.
Then, in late August, Battiato made history. Her office became the first office in Nebraska to e-record. The office now has close to 80 submitters, and has recorded nearly 1400 documents. In late October the office had its first "more-than-100-documents-recorded" day. "We were elated," Battiato says. "Everything went smoothly, for the most part. Now, we're looking forward to a 200-document day because we know that we can handle it."
In the meantime, Battiato expects more companies and counties to jump on the e-record bandwagon. "Why not? It's a great service that's long overdue, and it's clearly a 'win-win' for submitters, us and the state of Nebraska."
The following media alert was distributed on Sept. 11, 2009:
Douglas County Register of Deeds and FBI Join Forces to Combat Fraud
Omaha, NE--Douglas County Register of Deeds Diane Battiato (CPO) is forming a new organization in Nebraska titled PREP (Property Records Education Partners) that will partner with the FBI (Federal Bureau of Investigation) to fight the escalating mortgage- and land-fraud problem in the U.S. According to the FBI, more than $1 billion in losses occurred in the country last year due to land and mortgage fraud. Battiato said the partnership will strengthen communication and interaction at the local level among the FBI, state and local law-enforcement agencies, and private/public-sector industry representatives such as title companies, banks, real estate attorneys and escrow agents.
Battiato said the Southeast Nebraska PREP Chapter and the FBI are conducting a special mortgage- and land-fraud session on:
Friday, Sept. 18, 2009, at 1 p.m., in the Omaha-Douglas Civic Center's legislative chambers, 1819 Farnam St.
Battiato, and Ellen Albrecht, vice president and state manager, First American Title Insurance Company, are co-hosts for the event. FBI Special Agent Michael Bailey is the guest speaker. "There is no question there is a strong need to strengthen communication and increase interaction between federal law-enforcement agencies investigating mortgage fraud, and private industry. This partnership is a significant step in that direction," Battiato said.
For more information about the session, or to register, R.S.V.P to Barb Smith, 402-444-7461, or e-mail
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The following news brief was distributed to the media on Aug. 10, 2009:
National Association Honors Douglas County Register of Deeds as Certified Public Official
Omaha, NE--Douglas County Register of Deeds Diane L. Battiato was awarded the prestigious Certified Public Official designation at the annual conference of the National Association of County Recorders, Election Officials and Clerks (NACRC) in Nashville, TN, recently. Battiato is one of only 11 Certified Public Officials (CPO) in the nation.
Created in 1987, NACRC's Certified Public Official (CPO) program provides members recognition for acquiring professional credentials while promoting educational standards. NACRC members are the nation's professional administrators in areas such as county elections, court systems, land records, and records management.
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The following news release was distributed to the media on July 20, 2009:
Register of Deeds to Launch First-time Ever E-Recording in Nebraska
Omaha, NE--About five years ago, Diane L. Battiato made Douglas County history when she was elected as the first woman to lead the ROD (Register of Deeds) office. Now, Battiato, who began her second term in January, is making history, again--and this time it will impact the entire state. In August her office will be the first in Nebraska to electronically record land-record documents, such as deeds and mortgages. Electronic recording, better known as e-recording, is the process of submitting, receiving and processing documents for recording via the Internet.
Although hundreds of US counties e-record, Nebraska counties have been reluctant to do so. Battiato attributes this reluctance to an absence of a definitive answer regarding the legality of e-recording in Nebraska. Determined to get an answer, Battiato communicated with the secretary of state's office, until, in June of this year, she received an official opinion from Secretary of State John Gale.
"We were pleasantly surprised to receive such strong support from Secretary of State Gale. In short, Gale's office expressed complete confidence in what we wanted to do and gave us the go-ahead," Battiato said. "Our customers are elated. E-recording will save them time and money because it wll eliminate using runners, express mail and couriers. It will make the ROD's office more efficient by accelerating the recording process and simplifying document workflow."
Battiato said she will sponsor an e-recording kickoff for customers, such as title companies, banks, attorneys, and real estate companies, on August 4. During the kickoff attendees will see an e-record demonstration led by the ROD's initial e-recording vendor, Simplifile. They also will be able to register for an e-record training class.
"Hopefully, other counties will jump on the e-record bandwagon, now that the way is clear," Battiato said. "This is clearly a 'win-win' for all of us."
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Register of Deeds' first-time-ever logo, designed by Jeff Lickei, 2009
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Several months ago, the Register of Deeds office formed the Ad-hoc Land-Records-Management- System Committee. The committee's purpose is to help evaluate various land-records-management systems, based upon our, and our users' requirements. The ROD and the committee are working toward implementing a new, web-based land-records-management system.
Members of this volunteer committee are:
Abrahams Kaslow & Cassman LLP (Howard J. Kaslow)
CB Richard Ellis/MEGA (James Maenner)
Centennial Bank (Staucia Dumont)
Clear Title (John Fahey)
Daisley Ruff Financial (Tim Leatherman)
E & A Consultant Group (Jason Headley)
F/C Title Company (Steven Griesemer)
First American Title Company (Ellen Albrecht)
First Nebraska Title (Jack Hosking, Sandi J. Wilds)
Midwest Right of Way (Jack Borgmeyer)
Missouri River Title (Mark Reynolds)
Mitchell & Associates (Gregg Mitchell, David Wellsandt)
NP Dodge Title Services (Sam Cooper)
NP Dodge Company (N.P. "Nate" Dodge III)
P J Morgan (Barb Hammond)
Ponca Hills Dev. Co. (Steve Grimes)
RealCorp (John Bredemeyer, Jeanne Dempsey)
RELS Title Company (Jim Busse, Treva Ptaschek, Annette Davis)
SAC Federal Credit Union (Dee Ryan)
Smith, Gardner, Slusky, Lazer (Jerry Slusky, Shaun James, Jennifer Taylor)
Thomas Young Law Office (Thomas Young, Karen Heithoff)
Thompson, Dreessen & Dorner, Inc. (Chris E. Dorner, David Neef)
United Republic Bank (Mike Pate)
Wiesman Development (Mark Wiesman)
Did You Know?
Effective Jan. 1, 2009, a single, newly-revised Real Estate Transfer Statement Form 521, with an original signature, must accompany all deeds, memoranda of contracts and/or land contracts. (See Neb. Rev. Stat. ss76-214, as amended by LB 965.)
Recently, the Nebraska Department of Revenue announced that the color-coded, carbonized version of the form 521 will be replaced by the single-part form. Upon recording a document, the Register of Deeds office will forward a copy of the form 521 to the Assessor's office.
Also effective January 1, the revised form 521 will be available on our website, for your convenience. To locate the form and its completion instructions, go to the home page, then place your cursor on the "real estate transfer statement" form 521 link. On the drop-down menu, click on the instruction page or the fillable form. After completing the form, print and sign it. An original signature is required on the form when it is submitted with a deed for recording. We only need one copy of the form 521 when recording your deed.
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The following news release was distributed to the media by the Register of Deeds office, recently:
Deed Service Company Targets Local Property Owners
Omaha, NE--If you are a homeowner in Douglas County, NE, there is a chance you might receive a letter from National Deed Service, Inc., a company that offers to provide a certified copy of a property owner's deed, to the property owner. The catch--it'll cost you $69.50.
In fact, several property owners already have been contacted, according to Diane Battiato, Douglas County Register of Deeds.
"I've received calls and letters from homeowners who want to know if the service is legitimate," said Battiato. "They're concerned about the fee, but also about divulging information that could be used against them, in some way. I tell them that National Deed Service, Inc. is not affiliated with our office. More important, I point out that they shouldn't have to pay $69.50 for a copy of their deed. Deeds are public record; any property owner can obtain a certified copy from the Douglas County Register of Deeds office for less than $10." Battiato said that deeds are usually one or two pages.
Battiato said that owners should be very protective of their property because it is one of their most important and valuable assets. "If an offer or service seems suspicious, you should investigate further, before you commit."
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