Text: HF00047 Text: HF00049 Text: HF00000 - HF00099 Text: HF 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. "File or submit" means the act of delivering a document 1 8 or instrument to a recording office for recording into the 1 9 public records. 1 10 3. "Grantor and grantee" means the names of the transferor 1 11 and transferee in the transaction used to create the recording 1 12 index. 1 13 4. "Legible" means capable of being read or deciphered 1 14 without magnification regardless of the recording process. 1 15 5. "Page" means a writing, printing, or drawing, other 1 16 than a plat or survey, occurring on one side only and covering 1 17 all or part of such side, and not larger than eight and one- 1 18 half inches in width and fourteen inches in length. 1 19 6. "Record" means a process whether by manual, mechanical, 1 20 electronic, optical, magnetic, microfilm, or other methods of 1 21 storage, after filing or submission, to incorporate a document 1 22 or instrument into the public record. 1 23 7. "Transaction" means a specific legal action in the form 1 24 of or evidenced by one of the following: 1 25 a. A title or caption including, but not limited to, a 1 26 deed, deed of trust, mortgage, or power of attorney. 1 27 b. A subsequent reference to an original document or 1 28 instrument including, but not limited to, an assignment or 1 29 release or satisfaction of mortgage. 1 30 Sec. 2. Section 331.602, subsection 1, Code 2003, is 1 31 amended by striking the subsection and inserting in lieu 1 32 thereof the following: 1 33 1. Record all documents or instruments presented to the 1 34 recorder's office for recordation upon payment of the proper 1 35 fees and compliance with other recording requirements as 2 1 provided by law. 2 2 Sec. 3. NEW SECTION. 331.606B DOCUMENT OR DOCUMENT 2 3 FORMATTING STANDARDS. 2 4 1. The county recorder may refuse any document or 2 5 instrument presented for recording that does not meet the 2 6 following requirements: 2 7 a. Each document or instrument shall consist of one or 2 8 more individual pages not permanently bound or in a continuous 2 9 form. The document or instrument shall not have any 2 10 attachment stapled or otherwise affixed to any page except as 2 11 necessary to comply with statutory requirements. However, the 2 12 individual pages of a document or instrument may be stapled 2 13 together for presentation for recording. A label that is 2 14 firmly attached with a code bar or return address may be 2 15 accepted for recording. 2 16 b. All preprinted text shall be at least eight point in 2 17 size and no more than twenty characters and spaces per inch. 2 18 All other text typed or computer generated, including but not 2 19 limited to all names of parties to an agreement, shall be at 2 20 least ten point in size and no more than sixteen characters 2 21 and spaces per inch. If a document or instrument other than a 2 22 plat or survey, presented for recording contains type smaller 2 23 than eight point type for the preprinted text and ten point 2 24 type for all other text, the document or instrument shall be 2 25 accompanied by an exact typewritten or printed copy that meets 2 26 the requirements of this section. 2 27 c. Each document shall be of sufficient legibility to 2 28 produce a clear reproduction. If a document or instrument, 2 29 other than a plat or survey, is not sufficiently legible to 2 30 produce a clear reproduction, the document or instrument shall 2 31 be accompanied by an exact typewritten or printed copy that 2 32 meets the type size requirements of paragraph "b" and shall be 2 33 recorded contemporaneously as additional pages of the document 2 34 or instrument. 2 35 d. Each document or instrument, other than a plat or 3 1 survey, shall be on white paper of not less than twenty-pound 3 2 weight without watermarks or other visible inclusions. All 3 3 text within the document or instrument shall be of sufficient 3 4 color and clarity to ensure that the text is readable when 3 5 reproduced from the record. 3 6 e. All signatures on a document or instrument shall be in 3 7 black or dark blue ink and of sufficient color and clarity to 3 8 ensure that the signatures are readable when the document or 3 9 instrument is reproduced from the record. The corresponding 3 10 name shall be typed, printed, or stamped beneath the 3 11 signature. The typing or printing of a name or the 3 12 application of an embossed or inked stamp shall not cover or 3 13 otherwise materially interfere with any part of the document 3 14 or instrument except where provided by law. 3 15 f. The first page of each document or instrument shall 3 16 have a top margin of at least three inches of vertical space 3 17 from left to right which shall be reserved for the recorder's 3 18 use. All other margins on the document or instrument shall be 3 19 a minimum of three-fourths of one inch. Nonessential 3 20 information including but not limited to form numbers, page 3 21 numbers, or customer notations may be placed in a margin 3 22 except the top margin. The recorder shall not incur any 3 23 liability for not showing a seal or information that extends 3 24 beyond the margin of the permanent archival record. 3 25 2. Each document or instrument, other than a plat or 3 26 survey, that is presented for recording and that contains any 3 27 of the following information shall have that information on 3 28 the first page below the three-inch margin: 3 29 a. The name, address, and telephone number of the 3 30 individual who prepared the document. 3 31 b. The name of the taxpayer and a complete mailing address 3 32 for any document or instrument of conveyance. 3 33 c. A return address. 3 34 d. The title of the document or instrument. 3 35 e. All grantors' names. 4 1 f. All grantees' names. 4 2 g. Any address required by statute. 4 3 h. The legal description of the property and parcel 4 4 identification number, if required. 4 5 i. A document or instrument number for statutory 4 6 requirements, if applicable. 4 7 3. If insufficient space exists on the first page for all 4 8 of the information described in subsection 2, the page 4 9 reference of the document or instrument where the information 4 10 is located shall be noted on the first page. 4 11 4. The recorder may record the following documents or 4 12 instruments which are exempt from the format requirements of 4 13 this section: 4 14 a. A document or instrument that was signed before July 1, 4 15 2004. 4 16 b. A military separation document or instrument. 4 17 c. A document or instrument executed outside the United 4 18 States. 4 19 d. A certified copy of a document or instrument issued by 4 20 a governmental agency, including a vital record. 4 21 e. A document or instrument where one of the original 4 22 parties is deceased or otherwise incapacitated. 4 23 f. A document or instrument formatted to meet court 4 24 requirements. 4 25 g. A federal tax lien. 4 26 h. A filing under the uniform commercial code, chapter 4 27 554. 4 28 5. A document or instrument rejected for recording by a 4 29 recorder shall be returned to the preparer or presenter 4 30 accompanied by an explanation of the reason for rejection. 4 31 6. On and after July 1, 2004, a document or instrument 4 32 that does not conform to the format standards specified in 4 33 subsections 1 through 3 shall not be recorded except upon 4 34 payment of an additional recording fee of ten dollars per 4 35 document or instrument. The requirement applies only to 5 1 documents or instruments dated on or after July 1, 2004, and 5 2 does not apply to those documents or instruments specifically 5 3 exempted in subsection 4. 5 4 Sec. 4. EFFECTIVE DATE. This Act takes effect July 1, 5 5 2004. 5 6 EXPLANATION 5 7 This bill specifies formatting standards for documents or 5 8 instruments that are presented for recording by the county 5 9 recorder. Each document or instrument, except a survey and 5 10 plat, is to be presented for recording with writing, printing, 5 11 or drawing only on one side of the page, each page is to be no 5 12 larger than eight and one-half inches in width and 14 inches 5 13 in length, and each page is to be of white paper of not less 5 14 than 20-pound weight without watermarks. All preprinted text 5 15 is to be at least eight point in size and no more than 20 5 16 characters and spaces per inch. All other text typed or 5 17 computer generated, including all names of parties to an 5 18 agreement, shall be at least 10 point in size and no more than 5 19 16 characters and spaces per inch. If a document or 5 20 instrument is presented for recording with preprinted text 5 21 smaller than eight point and 10 point type for all other text, 5 22 the document or instrument shall be accompanied by an exact 5 23 typewritten or printed copy that meets type size requirements. 5 24 All signatures on a document or instrument shall be in black 5 25 or dark blue ink and of sufficient color and clarity to ensure 5 26 that the signatures are readable when the document or 5 27 instrument is reproduced. Each document or instrument shall 5 28 have a top margin of at least three inches of vertical space 5 29 from left to right, which shall be reserved for the recorder's 5 30 use. All other margins shall be a minimum of three-fourths of 5 31 one inch. 5 32 Each document or instrument containing any of the following 5 33 information shall have that information on the first page of 5 34 the document or instrument below the three-inch margin: the 5 35 name, address, and telephone number of the preparer, the name 6 1 and complete address of a taxpayer of any document or 6 2 instrument of conveyance, a return address, the title of a 6 3 document or instrument, all grantors' or grantees' names, an 6 4 address required by statute, the legal description of the 6 5 property and parcel identification number, or a document or 6 6 instrument number for statutory requirements. If there is 6 7 insufficient space on the first page for all of the above 6 8 information, the page reference of the document or instrument 6 9 where the information is located shall be noted on the first 6 10 page. 6 11 The following documents or instruments are exempt from the 6 12 formatting requirements: a document or instrument which is 6 13 signed before July 1, 2004; a military separation document or 6 14 instrument; a document or instrument executed outside the 6 15 United States; a certified copy of a vital record issued by a 6 16 governmental agency; a document or instrument where one of the 6 17 original parties is deceased or otherwise incapacitated; a 6 18 document or instrument formatted to meet court requirements; a 6 19 federal tax lien; or a filing under the uniform commercial 6 20 code. 6 21 A document or instrument rejected for recording by the 6 22 county recorder shall be returned to the preparer or presenter 6 23 with an explanation of the reason for rejection. 6 24 On or after July 1, 2004, a document or instrument that 6 25 does not conform to the format standards shall not be recorded 6 26 except upon payment of an additional recording fee of $10 per 6 27 document or instrument. The additional recording fee applies 6 28 only to documents or instruments dated on or after July 1, 6 29 2004, and does not apply to exempt documents or instruments. 6 30 The bill takes effect July 1, 2004. 6 31 LSB 1768HH 80 6 32 sc/sh/8
Text: HF00047 Text: HF00049 Text: HF00000 - HF00099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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