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Senate File 371

Partial Bill History

Bill Text

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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