By JODI SOKOLOWSKI
Buffalo Law Journal

The Erie County Clerk's Office will no longer require that real estate closings be conducted in person. Paperwork can be filed via mail or dropped off.

The initiative is expected to save time for attorneys and title companies, as well as buyers and sellers.

"As an attorney, I am extremely cognizant of the need to cut the length of time spent in the clerk's office. For attorneys and title companies, time is money," Erie County Clerk Kathy Hochul said in a press release.

Roger Ross, a partner at Hurwitz & Fine PC, said the change will "undoubtedly" make the process more convenient for customers as well as attorneys, particularly in the suburbs.

"Especially with the proliferation of law offices in Amherst and other suburbs, people won't have to travel downtown to the county clerk's office to physically sign the papers at the moment of closings," he said.

The change is also expected to make the clerk's office more efficient.

"It will spread the work out over the course of a day, because many of the closings seem to congregate in the afternoon," said Hochul. The policy change arose out of meetings with representatives from local law firms and title companies, she said.

Niagara County has permitted send-in and drop-off real estate closing paperwork for more than 20 years.

"The wonderful thing about Niagara County is, they're not that busy, so they'll record it the day they receive them," Ross said.

Hochul said while her office will encourage paperwork to be dropped off in person so that a receipt can be issued, it can also be mailed in. She anticipates that the filings will be recorded within two days.

Parties also still have the option of conducting a closing in person.

"I'm just trying to find ways to do things smarter and better," Hochul said. "We hope people will take advantage of dropping it off."

Ross expects the change to be well-received, though there may be glitches when a property doesn't sell as anticipated or new loans or judgments are made on a property between the signing and the receipt of the paperwork. Hochul says parties that take advantage of the new policy should make sure they have gap insurance.

"Real estate closing practices have been slow to change, historically, but this will be such a time saver that this will probably catch on," Ross said.