Text: HSB00512 Text: HSB00514 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 331.601A DEFINITIONS.
1 2 As used in this part, unless the context otherwise
1 3 requires:
1 4 1. "Document" or "instrument" means a writing or drawing
1 5 presented to the recorder for recording, consisting of one or
1 6 more pages of text and attachments.
1 7 2. "Legible" means capable of being read or deciphered
1 8 without magnification regardless of the recording process.
1 9 3. "Page" means a leaf of writing, printing, or drawing
1 10 occurring on one side only of a leaf, not larger than eight
1 11 and one-half inches in width and fourteen inches in length for
1 12 leaves other than a plat or survey.
1 13 4. "Record" means a process whether by manual, mechanical,
1 14 electronic, optical, magnetic or microfilm methods of storage,
1 15 to incorporate a document or instrument into the public
1 16 record.
1 17 5. "Transaction" means a specific legal action in the form
1 18 of one of the following:
1 19 a. A title or caption including but not limited to a deed,
1 20 deed of trust, mortgage, or power of attorney.
1 21 b. A subsequent reference to an original document or
1 22 instrument including but not limited to an assignment or
1 23 release or satisfaction of mortgage.
1 24 Sec. 2. Section 331.602, subsection 1, Code Supplement
1 25 2001, is amended by striking the subsection and inserting in
1 26 lieu thereof the following:
1 27 1. Record all documents or instruments presented to the
1 28 recorder's office for recordation upon payment of the proper
1 29 fees and compliance with other recording requirements as
1 30 provided by law.
1 31 Sec. 3. NEW SECTION. 331.606A DOCUMENT OR DOCUMENT
1 32 FORMATTING STANDARDS.
1 33 1. The county recorder may refuse any document or
1 34 instrument presented for recording that does not meet the
1 35 following requirements:
2 1 a. Each document or instrument shall consist of one or
2 2 more individual pages with writing, printing, or drawing only
2 3 on one side and not permanently bound or in a continuous form.
2 4 The document or instrument shall not have any attachment
2 5 stapled or otherwise affixed to any page except as necessary
2 6 to comply with statutory requirements. However, the
2 7 individual pages of a document or instrument may be stapled
2 8 together for presentation for recording. A label that is
2 9 firmly attached with a code bar or return address may be
2 10 accepted for recording.
2 11 b. All preprinted text shall be at least eight point in
2 12 size and no more than twenty characters and spaces per inch.
2 13 All other text typed or computer generated, including but not
2 14 limited to all names of parties to an agreement, shall be at
2 15 least ten point in size and no more than sixteen characters
2 16 and spaces per inch. If a document or instrument presented
2 17 for recording contains type smaller than eight point type for
2 18 the preprinted text and ten point type for all other text, the
2 19 document or instrument shall be accompanied by an exact
2 20 typewritten copy that meets the requirements of this section.
2 21 c. Each document shall be of sufficient legibility to
2 22 produce a clear reproduction. If a document or instrument is
2 23 not sufficiently legible to produce a clear reproduction, the
2 24 document or instrument shall be accompanied by an exact
2 25 typewritten copy that meets the type size requirements of
2 26 paragraph "b" and shall be recorded contemporaneously as
2 27 additional pages of the document or instrument.
2 28 d. Each document or instrument shall be on white paper of
2 29 not less than twenty-pound weight without watermarks or other
2 30 visible inclusions except for plats and surveys. All text
2 31 within the document or instrument shall be of sufficient color
2 32 and clarity to ensure that the text is readable when
2 33 reproduced from the record.
2 34 e. All signatures on a document or instrument shall be in
2 35 black or dark ink and of sufficient color and clarity to
3 1 ensure that the signatures are readable when the document or
3 2 instrument is reproduced from the record. The corresponding
3 3 name shall be typed, printed, or stamped beneath the
3 4 signature. The typing or printing of a name or the
3 5 application of an embossed or inked stamp shall not cover or
3 6 otherwise materially interfere with any part of the document
3 7 or instrument except where provided by law.
3 8 f. Each document or instrument shall have a top margin of
3 9 at least three inches of vertical space from left to right
3 10 which shall be reserved for the recorder's use. All other
3 11 margins on the document or instrument shall be a minimum of
3 12 three-fourths of one inch. Nonessential information including
3 13 but not limited to form numbers, page numbers, or customer
3 14 notations may be placed in a margin except the top margin.
3 15 The recorder shall not incur any liability for not showing a
3 16 seal or information that extends beyond the margin of the
3 17 permanent archival record.
3 18 2. Each document or instrument that is presented for
3 19 recording, except for plats and surveys and that contains any
3 20 of the following information shall have that information on
3 21 the first page below the three-inch margin:
3 22 a. The name, address, and telephone number of the
3 23 individual who prepared the document.
3 24 b. The name of the taxpayer and a complete mailing address
3 25 for any document or instrument of conveyance.
3 26 c. A return address.
3 27 d. The title of the document or instrument.
3 28 e. The date of the document or instrument.
3 29 f. All grantors' names.
3 30 g. All grantees' names.
3 31 h. A statutory address.
3 32 i. The legal description of the property and parcel
3 33 identification number, if required.
3 34 j. A document or instrument number for statutory
3 35 requirements, if applicable.
4 1 3. If insufficient space exists on the first page for all
4 2 of the information described in subsection 2, the page
4 3 reference of the document or instrument where the information
4 4 is located shall be noted on the first page.
4 5 4. The recorder may record the following documents or
4 6 instruments which are exempt from the format requirements of
4 7 this section:
4 8 a. A document or instrument which was signed before
4 9 January 1, 2003.
4 10 b. A military separation document or instrument.
4 11 c. A document or instrument executed outside the United
4 12 States.
4 13 d. A certified copy of a document or instrument issued by
4 14 a governmental agency, including a vital record.
4 15 e. A document or instrument where one of the original
4 16 parties is deceased or otherwise incapacitated.
4 17 f. A document or instrument formatted to meet court
4 18 requirements.
4 19 g. A federal tax lien.
4 20 h. A filing under the uniform commercial code.
4 21 5. A document or instrument rejected for recording by a
4 22 recorder shall be returned to the preparer or presenter
4 23 accompanied by an explanation of the reason for rejection.
4 24 6. On and after January 1, 2003, a document or instrument
4 25 that does not conform to the format standards specified in
4 26 this section shall not be recorded except upon payment of an
4 27 additional recording fee of ten dollars per document or
4 28 instrument. The requirement applies only to documents or
4 29 instruments dated on or after January 1, 2003, and does not
4 30 apply to those documents or instruments specifically exempted
4 31 in subsection 4.
4 32 Sec. 4. EFFECTIVE DATE. This Act takes effect January 1,
4 33 2003.
4 34 EXPLANATION
4 35 This bill specifies formatting standards for documents or
5 1 instruments that are presented for recording by the county
5 2 recorder. Each document or instrument, except a survey and
5 3 plat, presented for recording with writing, printing, or
5 4 drawing only on one side of the page, each page is to be no
5 5 larger than eight and one-half inches in width and 14 inches
5 6 in length, and each page is to be of white paper of not less
5 7 than 20-pound weight without watermarks. All preprinted text
5 8 is to be at least eight point in size and no more than 20
5 9 characters and spaces per inch. All other text typed or
5 10 computer generated, including all names of parties to an
5 11 agreement, shall be at least 10 point in size and no more than
5 12 16 characters and spaces per inch. If a document or
5 13 instrument is presented for recording with preprinted text
5 14 smaller than eight point and 10 point type for all other text,
5 15 the document or instrument shall be accompanied by an exact
5 16 typewritten copy that meets type size requirements. All
5 17 signatures on a document or instrument shall be in black or
5 18 dark ink and of sufficient color and clarity to ensure that
5 19 the signatures are readable when the document or instrument is
5 20 reproduced. Each document or instrument shall have a top
5 21 margin of at least three inches of vertical space from left to
5 22 right, which shall be reserved for the recorder's use. All
5 23 other margins shall be a minimum of three-fourths of one inch.
5 24 Each document or instrument containing any of the following
5 25 information shall have that information on the first page of
5 26 the document or instrument below the three-inch margin: the
5 27 name, address, and telephone number of the preparer, the name
5 28 and complete address of a taxpayer of any document or
5 29 instrument of conveyance, a return address, the title or date
5 30 of a document or instrument, all grantors' or grantees' names,
5 31 a statutory address, the legal description of the property and
5 32 parcel identification number, or a document or instrument
5 33 number for statutory requirements. If there is insufficient
5 34 space on the first page for all of the above information, the
5 35 page reference of the document or instrument where the
6 1 information is located shall be noted on the first page.
6 2 The following documents or instruments are exempt from the
6 3 formatting requirements: a document or instrument which is
6 4 signed before January 1, 2003; a military separation document
6 5 or instrument; a document or instrument executed outside the
6 6 United States; a certified copy of a vital record issued by a
6 7 governmental agency; a document or instrument where one of the
6 8 original parties is deceased or otherwise incapacitated; a
6 9 document or instrument formatted to meet court requirements; a
6 10 federal tax lien; or a filing under the Uniform Commercial
6 11 Code.
6 12 A document or instrument rejected for recording by the
6 13 county recorder shall be returned to the preparer or presenter
6 14 with an explanation of the reason for rejection.
6 15 On or after January 1, 2003, a document or instrument that
6 16 does not conform to the format standards shall not be recorded
6 17 except upon payment of an additional recording fee of $10 per
6 18 document or instrument. The additional recording fee applies
6 19 only to documents or instruments dated on or after January 1,
6 20 2003, and does not apply to exempt documents or instruments.
6 21 The bill takes effect January 1, 2003.
6 22 LSB 5205HC 79
6 23 tj/pj/5
Text: HSB00512 Text: HSB00514 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
© 2002 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Fri Jan 18 06:35:39 CST 2002
URL: /DOCS/GA/79GA/Legislation/HSB/00500/HSB00513/020115.html
jhf