Text: SF00370 Text: SF00372 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 371 1 2 1 3 AN ACT 1 4 RELATING TO FORMATTING STANDARDS FOR RECORDING DOCUMENTS OR 1 5 INSTRUMENTS BY A COUNTY RECORDER, SPECIFYING A RECORDING 1 6 FEE FOR CERTAIN DOCUMENTS OR INSTRUMENTS, AND PROVIDING AN 1 7 EFFECTIVE DATE. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 Section 1. NEW SECTION. 331.601A DEFINITIONS. 1 12 As used in this part, unless the context otherwise 1 13 requires: 1 14 1. "Document" or "instrument" means a writing or drawing 1 15 presented to the recorder for recording, consisting of one or 1 16 more pages of text and attachments. 1 17 2. "File or submit" means the act of delivering a document 1 18 or instrument to a recording office for recording into the 1 19 public records. 1 20 3. "Grantor and grantee" means the names of the transferor 1 21 and transferee in the transaction used to create the recording 1 22 index. 1 23 4. "Legible" means capable of being read or deciphered 1 24 without magnification regardless of the recording process. 1 25 5. "Page" means a writing, printing, or drawing, other 1 26 than a plat or survey or a drawing related to a plat or 1 27 survey, occurring on one side only and covering all or part of 1 28 such side, and not larger than eight and one-half inches in 1 29 width and fourteen inches in length. 1 30 6. "Record" means a process whether by manual, mechanical, 1 31 electronic, optical, magnetic, microfilm, or other methods of 1 32 storage, after filing or submission, to incorporate a document 1 33 or instrument into the public record. 1 34 7. "Transaction" means a specific legal action in the form 1 35 of or evidenced by one of the following: 2 1 a. A title or caption including, but not limited to, a 2 2 deed, deed of trust, mortgage, or power of attorney. 2 3 b. A subsequent reference to an original document or 2 4 instrument including, but not limited to, an assignment or 2 5 release or satisfaction of mortgage. 2 6 Sec. 2. Section 331.602, subsection 1, Code Supplement 2 7 2003, is amended by striking the subsection and inserting in 2 8 lieu thereof the following: 2 9 1. Record all documents or instruments presented to the 2 10 recorder's office for recordation upon payment of the proper 2 11 fees and compliance with other recording requirements as 2 12 provided by law. 2 13 Sec. 3. NEW SECTION. 331.606B DOCUMENT OR DOCUMENT 2 14 FORMATTING STANDARDS. 2 15 1. Except as otherwise provided in subsection 6, the 2 16 county recorder shall refuse any document or instrument 2 17 presented for recording that does not meet the following 2 18 requirements: 2 19 a. Each document or instrument shall consist of one or 2 20 more individual pages not permanently bound or in a continuous 2 21 form. The document or instrument shall not have any 2 22 attachment stapled or otherwise affixed to any page except as 2 23 necessary to comply with statutory requirements. However, the 2 24 individual pages of a document or instrument may be stapled 2 25 together for presentation for recording. A label that is 2 26 firmly attached with a bar code or return address may be 2 27 accepted for recording. 2 28 b. All preprinted text shall be at least eight point in 2 29 size and no more than twenty characters and spaces per inch. 2 30 All other text typed or computer generated, including but not 2 31 limited to all names of parties to an agreement, shall be at 2 32 least ten point in size and no more than sixteen characters 2 33 and spaces per inch. If a document or instrument other than a 2 34 plat or survey or a drawing related to a plat or survey, 2 35 presented for recording contains type smaller than eight point 3 1 type for the preprinted text and ten point type for all other 3 2 text, the document or instrument shall be accompanied by an 3 3 exact typewritten or printed copy that meets the requirements 3 4 of this section. 3 5 c. Each document shall be of sufficient legibility to 3 6 produce a clear reproduction. If a document or instrument, 3 7 other than a plat or survey or a drawing related to a plat or 3 8 survey, is not sufficiently legible to produce a clear 3 9 reproduction, the document or instrument shall be accompanied 3 10 by an exact typewritten or printed copy that meets the type 3 11 size requirements of paragraph "b" and shall be recorded 3 12 contemporaneously as additional pages of the document or 3 13 instrument. 3 14 d. Each document or instrument, other than a plat or 3 15 survey or a drawing related to a plat or survey, shall be on 3 16 white paper of not less than twenty-pound weight without 3 17 watermarks or other visible inclusions. All text within the 3 18 document or instrument shall be of sufficient color and 3 19 clarity to ensure that the text is readable when reproduced 3 20 from the record. 3 21 e. All signatures on a document or instrument shall be in 3 22 black or dark blue ink and of sufficient color and clarity to 3 23 ensure that the signatures are readable when the document or 3 24 instrument is reproduced from the record. The corresponding 3 25 name shall be typed, printed, or stamped beneath the original 3 26 signature. The typing or printing of a name or the 3 27 application of an embossed or inked stamp shall not cover or 3 28 otherwise materially interfere with any part of the document 3 29 or instrument except where provided by law. Failure to print 3 30 or type signatures as provided in this paragraph does not 3 31 invalidate the document or instrument. 3 32 f. The first page of each document or instrument, other 3 33 than a plat or survey or a drawing related to a plat or 3 34 survey, shall have a top margin of at least three inches of 3 35 vertical space from left to right which shall be reserved for 4 1 the recorder's use. All other margins on the document or 4 2 instrument shall be a minimum of three-fourths of one inch. 4 3 Nonessential information including but not limited to form 4 4 numbers, page numbers, or customer notations may be placed in 4 5 a margin except the top margin. The recorder shall not incur 4 6 any liability for not showing a seal or information that 4 7 extends beyond the margin of the permanent archival record. 4 8 2. Each document or instrument, other than a plat or 4 9 survey or a drawing related to a plat or survey, that is 4 10 presented for recording and that contains any of the following 4 11 information shall have that information on the first page 4 12 below the three-inch margin: 4 13 a. The name, address, and telephone number of the 4 14 individual who prepared the document. 4 15 b. The name of the taxpayer and a complete mailing address 4 16 for any document or instrument of conveyance. 4 17 c. A return address. 4 18 d. The title of the document or instrument. 4 19 e. All grantors' names. 4 20 f. All grantees' names. 4 21 g. Any address required by statute. 4 22 h. The legal description of the property and parcel 4 23 identification number, if required. 4 24 i. A document or instrument number for statutory 4 25 requirements, if applicable. 4 26 3. If insufficient space exists on the first page for all 4 27 of the information described in subsection 2, the page 4 28 reference of the document or instrument where the information 4 29 is located shall be noted on the first page. 4 30 4. The recorder may record the following documents or 4 31 instruments which are exempt from the format requirements of 4 32 this section: 4 33 a. A document or instrument that was signed before July 1, 4 34 2004. 4 35 b. A military separation document or instrument. 5 1 c. A document or instrument executed outside the United 5 2 States. 5 3 d. A certified copy of a document or instrument issued by 5 4 a governmental agency, including a vital record. 5 5 e. A document or instrument where one of the original 5 6 parties is deceased or otherwise incapacitated. 5 7 f. A document or instrument formatted to meet court 5 8 requirements. 5 9 g. A federal tax lien. 5 10 h. A filing under the uniform commercial code, chapter 5 11 554. 5 12 5. A document or instrument rejected for recording by a 5 13 recorder shall be returned to the preparer or presenter 5 14 accompanied by an explanation of the reason for rejection. 5 15 6. On and after July 1, 2005, a document or instrument 5 16 that does not conform to the format standards specified in 5 17 subsections 1 through 3 shall not be recorded except upon 5 18 payment of an additional recording fee of ten dollars per 5 19 document or instrument. The requirement applies only to 5 20 documents or instruments dated on or after July 1, 2005, and 5 21 does not apply to those documents or instruments specifically 5 22 exempted in subsection 4. 5 23 Sec. 4. EFFECTIVE DATE. This Act takes effect July 1, 5 24 2004. 5 25 5 26 5 27 5 28 JEFFREY M. LAMBERTI 5 29 President of the Senate 5 30 5 31 5 32 5 33 CHRISTOPHER C. RANTS 5 34 Speaker of the House 5 35 6 1 I hereby certify that this bill originated in the Senate and 6 2 is known as Senate File 371, Eightieth General Assembly. 6 3 6 4 6 5 6 6 MICHAEL E. MARSHALL 6 7 Secretary of the Senate 6 8 Approved , 2004 6 9 6 10 6 11 6 12 THOMAS J. VILSACK 6 13 Governor
Text: SF00370 Text: SF00372 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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