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
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