331.602  General duties.

The recorder shall:

1.  Record all instruments presented to the recorder's office for recordation upon payment of the proper fees and compliance with other recording requirements as provided by law. The instruments presented for filing or recordation shall be legible and reproducible, and shall have typed or legibly printed on them the names of all signatories including the names of acknowledging officers and witnesses beneath the original signatures. Except as otherwise authorized by the recorder, the instruments shall be no larger than eight and one-half inches by fourteen inches and shall provide a space at the top of the instrument at least eight and one-half inches across the page by two inches in length, on which space shall be typed or legibly printed across the page on the bottom one-fourth inch of this space, the name, address, and telephone number of the individual who prepared the instrument and, immediately below the two inches of space, the tax statement information required in paragraph "d". The remaining portion of this space shall be reserved for use by the county recorder.

a.  However, if an instrument does not contain typed or printed names, the recorder shall accept the instrument for recordation or filing if it is accompanied by an affidavit, to be recorded with the instrument, correctly spelling in legible print or type the signatures appearing on the instrument.

b.  The requirement of paragraph "a" does not apply to military discharges, military instruments, wills, court records, or to any other instrument dated before July 4, 1959.

c.  Failure to print or type signatures as provided in this subsection does not invalidate the instrument.

d.  A certificate of change of title or an instrument conveying an interest in real property, other than a mortgage, a mortgage release, or an assignment, shall contain the statement "Address tax statement:" which shall be filled out with the name of the taxpayer and a complete mailing address. Each instrument conveying an interest in real property shall contain this statement unless otherwise authorized by the county recorder.

2.  Rerecord an instrument without fee upon presentation of the original instrument by the owner if an error is made in recording the instrument. The recorder shall also note on the new record a reference to the original record and on the original record a reference to the new record.

3.  If an error is made in indexing an instrument, reindex the instrument without fee.

4.  Record the registration of a person registered under the federal Social Security Act who requests recordation, and keep an alphabetical index of the record referring to the name of the person registered.

5.  Compile a list of deeds recorded in the recorder's office after July 4, 1951, which are dated or acknowledged more than six months before the date of recording and forward a copy of the list each month to the inheritance tax division of the department of revenue and finance.

6.  Carry out duties as a member of a nomination appeals commission as provided in section 44.7.

7.  Carry out duties relating to the recordation of oil and gas leases as provided in sections 458A.22 and 458A.24.

8.  Endorse on each notice of an unemployment contribution lien the day, hour, and minute that the lien is received from the department of workforce development, index the notice of lien, and record the lien as provided in section 96.14, subsection 3.

9.  Carry out duties relating to the registration of vessels as provided in sections 462A.5, 462A.23, 462A.51, 462A.52, 462A.54, and 462A.55.

10.  Carry out duties relating to the issuance of hunting, fishing, and fur harvester licenses as provided in sections 483A.10, 483A.12, 483A.13, 483A.14, 483A.15, and 483A.22.

11.  Collect migratory game bird fees as provided in chapter 484A.

12.  Record the orders and decisions of the fence viewers and index the record in the name of each adjoining owner of land affected by the order or decision as provided in section 359A.10. The recorder shall also note that a judgment has been rendered on an appeal of an order or decision of the fence viewers as provided in section 359A.24.

13.  Record the articles of incorporation of farm aid associations as provided in section 176.5 for the fee specified in section 331.604.

14.  Reserved.

15.  Record without fee a sheriff's deed for land under foreclosure procedures as provided in section 257B.35.

16.  Issue snowmobile registrations as provided in sections 321G.4, 321G.6, and 321G.21.

17.  Record the measure and plat of a zoning district, building line, or fire limit adopted by a city as provided in section 380.11.

18.  Carry out duties relating to the platting of land as provided in chapter 354.

19.  Submit monthly to the director of revenue and finance a report of the real property transfer tax received.

20.  Carry out duties relating to the endorsement, indexing, and recording of income tax liens as provided in section 422.26.

21.  Carry out duties relating to the taxation of real estate transfers as provided in chapter 428A.

22.  Carry out duties relating to the recording and indexing of affidavits and claims affecting real estate as provided in section 448.17.

23.  Forward to the director of revenue and finance a copy of any deed, bill of sale, or other transfer which shows that it is made or intended to take effect at or after the death of the person executing the instrument as provided in section 450.81.

24.  Record papers, statements, and certificates relating to the condemnation of property as provided in section 6B.38, and carry out duties related to the filing of certain condemnation documents with the office of secretary of state.

25.  Carry out duties relating to the recordation of articles of incorporation and other instruments for state banks as provided in chapter 524.

26.  Carry out duties relating to the recordation of articles of incorporation and other instruments for credit unions as provided in chapter 533.

27.  Carry out duties relating to the recordation of articles of incorporation and other instruments for savings and loan associations as provided in chapter 534.

28.  Carry out duties relating to the filing of financing statements or instruments as provided in chapter 554, article 9, part 5.

29.  Register the name and description of a farm as provided in sections 557.22 to 557.26.

30.  Record a statement of claim provided in chapter 557C relating to mineral interests in coal.

31.  Record conveyances and leases of agricultural land as provided in section 558.44.

32.  Collect the recording fee and the auditor's transfer fee for real property being conveyed as provided in section 558.58.

33.  Serve as a member of the jury commission to draw jurors as provided in section 607A.9.

34.  Record and index a notice of title interest in land as provided in section 614.35.

35.  Designate the newspapers in which the notices pertaining to the office of recorder shall be published as provided in section 618.7.

36.  Record a conveyance of property presented by a commissioner appointed by the district court as provided in section 624.35.

37.  Carry out duties relating to the indexing of name changes, and the recorder shall charge a fee for indexing as provided in section 331.604.

38.  Report to the board the fees collected as provided in section 331.902.

39.  Accept applications for passports.

40.  Carry out other duties as provided by law and duties assigned pursuant to section 331.323.

Section History: Early form

  1.  [C51, § 150; R60, § 358; C73, § 335; C97, S13, § 494; C24, 27, 31, 35, 39, § 5171; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 335.2; S81, § 331.602(1); 81 Acts, ch 117, § 601]

  2, 3.  [S13, § 494; C24, 27, 31, 35, 39, § 5172; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 335.3; S81, § 331.602(2, 3); 81 Acts, ch 117, § 601]

  4.  [C39, § 5176.1, 5176.2; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 335.12, 335.13; S81, § 331.602(4); 81 Acts, ch 117, § 601]

  5.  [C66, 71, 73, 75, 77, 79, 81, § 335.16; S81, § 331.602(5); 81 Acts, ch 117, § 601]

  6-44.  [S81, § 331.602(6-44); 81 Acts, ch 117, § 601; 82 Acts, ch 1104, § 57]

Section History: Recent form

  83 Acts, ch 101, § 78; 85 Acts, ch 195, § 41; 86 Acts, ch 1091, § 1-3; 86 Acts, ch 1108, § 4; 86 Acts, ch 1155, § 6; 87 Acts, ch 30, §17; 88 Acts, ch 1046, § 1; 90 Acts, ch 1081, § 1; 90 Acts, ch 1205, § 11; 90 Acts, ch 1236, § 49; 91 Acts, ch 183, §1; 91 Acts, ch 211, § 2; 92 Acts, ch 1073, § 6-8; 92 Acts, ch 1163, §83; 94 Acts, ch 1023, §105; 94 Acts, ch 1025, §4; 94 Acts, ch 1055, §1; 95 Acts, ch 124, §10, 26; 95 Acts, ch 160, §1; 96 Acts, ch 1034, § 29; 96 Acts, ch 1186, § 23; 97 Acts, ch 23, § 37; 97 Acts, ch 116, § 1; 98 Acts, ch 1199, §2, 27; 98 Acts, ch 1223, §30; 99 Acts, ch 83, §3, 4, 11; 99 Acts, ch 171, §34, 42; 2000 Acts, ch 1085, §2; 2000 Acts, ch 1149, §168, 187; 2001 Acts, ch 44, §4, 5; 2001 Acts, ch 45, §6

Internal References

  Referred to in § 9E.12, 331.610, 354.1

Footnotes

  1999 amendments to subsection 1 apply to instruments recorded on or after January 1, 2000; 99 Acts, ch 83, §11

  1999 amendment to subsection 24 applies to state highway construction projects approved for commencement by the transportation commission on or after July 1, 1999, and to all other condemnation proceedings in which the application for condemnation is filed on or after July 1, 1999; see 99 Acts, ch 171, §42

  2000 amendment to subsection 28 takes effect July 1, 2001; 2000 Acts, ch 1149, §187


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