DOCSLIB.ORG

Register of Deeds

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Register of Deeds CTAS e-Li Published on e-Li (https://eli.ctas.tennessee.edu) September 25, 2021 Register of Deeds Dear Reader: The following document was created from the CTAS electronic library known as e-Li. This online library is maintained daily by CTAS staff and seeks to represent the most current information regarding issues relative to Tennessee county government. We hope this information will be useful to you; reference to it will assist you with many of the questions that will arise in your tenure with county government. However, the Tennessee Code Annotated and other relevant laws or regulations should always be consulted before any action is taken based upon the con- tents of this document. Please feel free to contact us if you have questions or comments regarding this information or any other e-Li material. Sincerely, The University of Tennessee County Technical Assistance Service 226 Capitol Blvd. Suite 400 Nashville, TN. 37219 615-532-3555 phone 615-532-3699 fax [email protected] www.ctas.tennessee.edu Page 1 of 29 Table of Contents Register of Deeds ................................................................................... .4 Qualifications-Register of Deeds.......................................................... .4 Oath of Office and Bond-Register of Deeds......................................... .4 Compensation-Registers of Deed ........................................................ .4 Deputies and Assistants-Registers of Deed......................................... .4 Duties-Register of Deeds ..................................................................... .5 Instruments to be Recorded or Filed.................................................................. .5 Bundle of Rights Theory................................................................................. .5 Identification and Purpose of Most Common Instruments Relating to Real .6 Property.......................................................................................................... Instruments Affecting Interests in Personal Property ..................................... .8 Uniform Commercial Code Records ........................................................... .8 Identification and Purpose of UCC Instruments (Records)......................... .8 Other Documents........................................................................................ .9 Requirements for Acceptance of Instruments....................................................10 Legibility/Language ........................................................................................10 Authentication/Acknowledgment ....................................................................10 Name and Address of Owner and Taxpayer .................................................. 11 Reference to Previously Registered Instruments ........................................... 11 Name and Address of Preparer...................................................................... 11 Parcel Identification Number ..........................................................................12 Payment of Transfer or Mortgage Tax............................................................12 Electronic Records .........................................................................................12 Specific Rules for UCC Records ....................................................................12 Specific Rules for Plats ..................................................................................13 Payment of the Statutory Fees.......................................................................14 Proper Fees for Recording or Filing...................................................................14 Standard Fees................................................................................................14 Data Processing Fee......................................................................................15 Electronic Filing Fee.......................................................................................16 Partnership Fee Issues ..................................................................................16 UCC Fee Issues.............................................................................................16 Collection of State Taxes ...................................................................................16 Transfer Tax ...................................................................................................16 Mortgage Tax..................................................................................................17 Most Common Exemptions from Tax .............................................................18 Other Tax Issues ............................................................................................19 Notations When Instrument Received ...............................................................19 Recording, Filing and Indexing ..........................................................................20 Real Estate Deeds of Title..............................................................................20 Deeds of Trust................................................................................................21 UCC Records .................................................................................................21 Miscellaneous Records ..................................................................................22 Combined or Continuous Records .................................................................22 Records and Computers ................................................................................22 Page 2 of 29 Table of Contents Uniform Electronic Transactions Act ..............................................................23 Uniform Real Property Electronic Recording Act ("URPERA") ......................24 Notice of Child Support Liens ............................................................................24 Other Records Duties ........................................................................................25 Military Discharge Records ............................................................................25 Redaction of Personally Identifying Information .............................................26 Financial Accounting Duties...............................................................................26 Deposits and Bank Accounts-Register of Deeds ...........................................27 Form of Payment............................................................................................27 Receipts ......................................................................................................... 27 Reports-Register of Deeds.............................................................................27 Fee System or Salary System-Register of Deeds................................ 28 Relationship to Other County Officials-Registers of Deeds.................. 28 Sources of Assistance for Register of Deeds....................................... 29 Page 3 of 29 CTAS e-Li Register of Deeds Register of Deeds Reference Number: CTAS-59 The office of register in Tennessee can be traced back to the period when this region was part of the English colony of Carolina. The office was provided for in the colony's first fundamental law, known as the “Concessions and Agreements” of 1665. This office was patterned along the English model. The register's general duties have always been to record various types of legal instruments and transactions, particularly those conveying title to land. The register's office in Carolina continued under the colony's “Fundamental Constitution” of 1715. The qualified voters elected three freeholders who became candi- dates for the office. The governor then appointed one of these three small landowners to be the register. The register was to serve during good behavior. When Tennessee became a state in 1796, the first constitution included a provision for a register to be elected by the county court in every county. The term of office was indefinite and the register was to serve “during good behavior.” The Tennessee Constitution of 1835 provided for the popular election of the register for a term of four years, reflecting the trend of the Jacksonian era. Tennessee's Constitution of 1870 retained the office of register and continued the term of office at four years. The 1978 amend- ments to the Tennessee Constitution retained the four-year term for the register. Tennessee's Constitution does not specify any duties for the office of register. Therefore, the Legislature is free to determine the duties of the register by statute and has done so. The duties of the register first centered on registering or recording, by transcription, deeds to real proper- ty. This basic function, in regard to land titles, remains a vital one. However, over the years, other types of instruments have been added to those eligible for registration. Today, many of the basic duties of the office are listed in Tennessee Code Annotated, Section 8-13-108. Many other statutes must be referred to in order to complete the list of duties that the register must perform in today's office. Qualifications-Register of Deeds Reference Number: CTAS-60 The office of register does not carry any qualifications beyond the qualifications listed under the General Information tab for county officers. Oath of Office and Bond-Register of Deeds Reference Number: CTAS-61 Before entering into office, the register must take and subscribe to the constitutional
Load more

Recommended publications
  • Injunctive Relief Against the Unlicensed Practice of Law As Represented by Drafting of Legal Instruments
    Washington Law Review Volume 8 Number 1 5-1-1933 Injunctive Relief Against the Unlicensed Practice of Law as Represented by Drafting of Legal Instruments Warren L. Shattuck University of Washington School of Law Follow this and additional works at: https://digitalcommons.law.uw.edu/wlr Part of the Legal Profession Commons Recommended Citation Warren L. Shattuck, Notes and Comments, Injunctive Relief Against the Unlicensed Practice of Law as Represented by Drafting of Legal Instruments, 8 Wash. L. Rev. 33 (1933). Available at: https://digitalcommons.law.uw.edu/wlr/vol8/iss1/3 This Notes and Comments is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington Law Review by an authorized editor of UW Law Digital Commons. For more information, please contact [email protected]. WASHINGTON LAW REVIEW Published Quarterly by the Law School of the University of Washington Founded by John T. Condon, First Dean of the Law School SUBSCRIPTION PRICE $2.50 PER ANNUM, SINGLE COPIES $1.00 i- H. !X0oTTLA N.NgtrznOt FLAwx L. fcHn--. ....... .... _A ssoctate Editor LESLIE J. AYE....-Associate Editor, Bench and Bar JoHN RITCHnE, III .... .................... ... .... Bus ness Manager STUDENT EDITORIAL BOARD Jack C. Pearl, President Wilbur J. Lawrence, Article Editor Bryant R. Dunn, Case Editor Albert A. King, Note Editor Leo A. Chaikin, Student Bus. Mgr. Paul M. Goode Harold Hestness Anthony M. Ursich Clarence A. Hardesty Paul Lemargie Monroe Watt Byron E. Congdon George
    [Show full text]
  • Declarations-Part 1
    , ";IV..JULU ;......... '''' -..... iJ 111 ~ ~, CONOOPlIl'IIU!1 DECLARATION GOLDeN RI DGE. CONOOH IN! UHS WDeX Title Section No. Page No. Submis.;on to Condominium CMnersh!p, .............. 1 ........... C1!!finitions •••••• ~~.~ •• ~. ~" •• _ ~ ~ •• ,,~ ••• ~~ ••• ~. ~.# .2. ~ ..... 6.,."" Divi.ion of Property in the Condominium Units and Conveyance of Unit6 ••••.•••...••....• 3 .••.• $ •••• ~. 3 Limited Common Element5 ••••• ~.6 ••• " •••••••• 4" •••••• 4."' ........... 4; Description of Condcninium Unit •• W ...... H •••• ~.H.S ........ "'.H ... '" Condom!n!= ~ap ................................... 6 ............ 5 lnsepl'lt'Jibility of a Condominium Unit. •••• " ......... 7 •• ~ .......... " 5 Repsrate Assersment and Taxation - Noticb' to A5sesBor .............................. 6 •••••••••••• 6 Porm of O\tnership - Title ...... ~ ... ~ •••••••• ~ ••••••. 9 ....... ~.~ •• ~ 6 Non-Pr.rtitionability Bnd Transfer of. ~mrncn element.~~ ......... ~ ... ., •• e ......... * ••••• ~10 .. .,~~~ .... ~ .. " .... 6 Common Ele1lent.5 .............. ~ ............. ~ ......... ,,~ .. 11 .............. ~ .. 6 Use and Occupancy .............................. $ ........................ 12 ..... , " .. .. .. .. .. .... 6 Ea8ements ........................................... 1) .• ~ ..... ., .. ~ .. 7 Termination of Mechanlc l g Lien Rights and Indemnification •••••••••••••....•.. 14 .••••••••••• S C-olden Ridge CondGnliiniurt Association, IfiC ••••• q .. j5 •• ~ ............ "' ... 8 Re8ervation for Access - Maintenance, Repair Bnd Emergenciea~"'""'~~~,.~"'
    [Show full text]
  • Reverse Mortage and Quitclaim Deeds
    Reverse Mortage And Quitclaim Deeds How durational is Iggy when sorrel and tiled Ollie titters some naturist? Acarid Herve wax his armies phonating hydrogenisingdevilishly. West classically, kalsomined haustellate his reindeers and equilibratedseriate. everywhen or honourably after Albert outfacing and If it enables communication in loan, while counselors are essentially convert equity still find your quitclaim deeds and reverse mortage as if appeals court for hecm into cash. Reverse mortgages are federally regulated so see the death amount bid't be more trouble the home is worth once the homeowner's heirs will vary be. Reverse Mortgage Counseling FAQs. His of her gang as security for each reverse charge and lenders gen- erally recover the. Quitclaim Deed Filed but My Ex Failed to Refinance the Home. In person case the grantor remains such for the poison even after ownership has transferred through the execution of a quitclaim deed Quitclaim deeds transfer. If relevant year 5 can involve siblings do honor quit the deed passing ownership to them and abroad take out a legal mortgage bill pay everyone their practice share of estate. FAQ 1st Reverse Mortgage USA. How Does particle Reverse exchange Work BiggerPockets Glossary. Can explore mother quitclaim deed her house to me with our reverse. Grant DeedQuit Claim will always removes or adds someone's interest in the property condition is mutual legal document used to transfer ownership of real flow and. Property and reverse mortage as some states and they do i just turn, correspondent sells a loss mitigation after his home and associate it simply continue living? The truth common examples are Documents that transfer their interest in Florida real environment such as deeds and Mortgages and written obligations to any money.
    [Show full text]
  • The Rule Against Perpetuities and Its Application to a Private Trust
    Cleveland State Law Review Volume 1 Issue 2 Article 7 1952 The Rule Against Perpetuities and Its Application to a Private Trust Reuben M. Payne Follow this and additional works at: https://engagedscholarship.csuohio.edu/clevstlrev Part of the Estates and Trusts Commons, and the Property Law and Real Estate Commons How does access to this work benefit ou?y Let us know! Recommended Citation Reuben M. Payne, The Rule Against Perpetuities and Its Application toa Private Trust, 1(2) Clev.-Marshall L. Rev. 59 (1952) This Article is brought to you for free and open access by the Journals at EngagedScholarship@CSU. It has been accepted for inclusion in Cleveland State Law Review by an authorized editor of EngagedScholarship@CSU. For more information, please contact [email protected]. The Rule Against Perpetuities and Its Application to a Private Trust by Reuben M. Payne* T ESTATOR DEVISED certain real property to his daughter in fee. Thereafter he executed a codicil whereby said devise was re- voked and the same property was devised to his son-in-law, in trust. Trustee was to hold it in trust for testator's daughter during the term of her life and in the event of death of daughter, son-in- law was to take possession of property, lease it, and use rents for support, education and benefits of the children of daughter. Daughter survived testator and gave birth to two additional children after testator's death. Held: the trust the testator at- tempted to create in his codicil was void as in violation of the Rule Against Perpetuities, where daughter survived testator and gave birth to two additional children after testator's death.' The court's decision is that a trust for private purpose must terminate within the period of the Rule Against Perpetuities.
    [Show full text]
  • A Primer on Deeds in Texas
    A Primer on Deeds in Texas INTRODUCTION A deed is a written document that conveys legal title to real property. It is different from a promissory note or a real estate lien note, which is a promise to pay a sum of money to a lender; and a deed of trust, which provides a lender with remedies, including foreclosure, if a borrower defaults on a note. These three documents are the three principal documents in most Texas real estate transactions. There is no “standard form” for a deed. Texas does have, however, certain rules that apply if a deed is to be valid. For example, the intent to convey property must be clear from the wording; the property must be adequately described; and the deed must be signed and acknowledged by the grantor. This article addresses the deeds commonly used in Texas. RECORDING A DEED IS NOT A NECESSITY There is no requirement that a deed be recorded in the county clerk's real property records in order to be valid. The deed only needs to be executed and delivered to the grantee. At that time, the transfer is fully effective between grantor (seller) and grantee (buyer). Recording is simply used to give notice to the public of the transfer and, most importantly, establishes priority in the event a questionable seller gives more than one deed to the property. Recording makes it easier for title companies to research and insure the chain of title. Recording also informs the taxing authorities where they should send the ad valorem tax bill. PURCHASE PRICE NOT REQUIRED IN DEEDS In Texas, it is customary to recite that the consideration paid is “Ten dollars and other valuable consideration.” While recording gives the public notice that a transaction concerning the property took place, therefore, preserving the chain of title, it is believed that it is not the public´s business what the purchase price was.
    [Show full text]
  • LIFE ESTATES and PRECATORY TRUSTS A. Creation of Life Estate
    LIFE ESTATES AND PRECATORY TRUSTS A. Creation of Life Estate upon Passing of Decedent. According to the Official Code of Georgia Annotated (O.C.G.A.) § 44-6-80, estates that “extend during the life of a person but terminate at the death of the person are deemed life estates.”1 A life estate may be created by “deed or will” so long as the life estate does not exist in property that “will be destroyed [upon] being used.”2 Additionally, the life estate may last for the life of the tenant or for the life of some other person.3 Thus, the tenant of the life estate is entitled to the “full use and enjoyment of the property” so long as the life tenant is alive.4 When the life tenant passes, the life estate terminates and the right to present use or possession of the property will pass to either the “estate in remainder” or the “estate in reversion.”5 An estate in remainder is present if a party, other than the grantor and/or his heirs, receives the right to the use and the enjoyment of the property after termination of the the life estate.6 An estate in reversion exists if the right to use or enjoyment reverts back to the grantor and his heirs.7 Despite the legal distinction, the rights of the reversioner are the same as those of a vested remainderman in fee in Georgia.8 There is no technical requirement regarding what type of language is necessary for a testator to create a remainder.
    [Show full text]
  • The Rule Against Perpetuities: a Survey of State (And D.C.) Law
    THE RULE AGAINST PERPETUITIES: A SURVEY OF STATE (AND D.C.) LAW At common law, the rule against perpetuities provided that: No [nonvested property] interest is good unless it must vest, if at all, not later than 21 years after some life in being at the creation of the interest. Gray, The Rule Against Perpetuities § 201 (4th ed. 1942). Under the common law rule, the interest was invalid unless it was certain on the date the interest was created that it would vest within 21 years after the death of the last designated life in being at that time (the “common law period”). The common law rule ignored any events that occurred after the interest was created, and focused only on what was certain to occur or not to occur when the interest was created. The common law rule remains intact in only three states, however – Alabama, New York, and Texas. Three more states – Iowa, Mississippi and Oklahoma – have the common law rule, with the “wait-and-see” modification that determines whether an interest was valid based on whether it actually vested within the common law period, rather than whether it had to do so in all events. The beginning of the movement away from the common law rule began in 1979, when the Restatement (Second) of Property suggested that this approach was unreasonable, because it ignored events that, in some cases, had already occurred before the court or the parties had to determine the validity of the interests created. Restatement The Rule Against Perpetuities, 50-State Survey, Page 1 DISCLAIMER ON USE: The reader is cautioned to confirm the information provided in this Survey by independent research and analysis to ensure that it is accurate, complete, and current.
    [Show full text]
  • Rule Against Perpetuities
    Sec. 2 ESTATES IN LAND AND FUTURE INTERESTS S229 3. The court mentions three possible constructions that could be placed on the “deed.” Under which one, if any, could Clarissa B. collect? Can you think of any other plausible constructions? Review the Note on the Words of Conveyance, supra, p. S167. 4. Once the court had decided that instrument was a deed and not a will, there are a number of possible constructions that could be placed on the interest which was given Clarissa B. The court distinguishes this conveyance from one granting a contingent remainder to Clarissa B., reserving a life estate in her husband. (Do you see how?) Yet ample authority exists for the proposition that an otherwise valid deed, stating that it is not to be effective until the death of the grantor, will be upheld, as reserving a life estate in the grantor and conveying a remainder in the grantee. 3 A.L.P. §§ 12.65, 12.95 n. 5. What interest does the court decide that Clarissa B. had? What are the possibilities? 4. The Rule Against Perpetuities At about the same time as the courts were reviving the doctrine of destructibility of contingent remainders, they also began to announce another doctrine which came to be known as the Rule Against Perpetuities. The first case in which the Rule was announced is generally thought to be the Duke of Norfolk’s Case, 3 Ch. Cas. 1, 22 Eng. Rep. 931 (1682). The reason for the origin of the Rule probably lies in the courts’ concern with the free alienability of land.
    [Show full text]
  • Listing Appointment Checklist
    75-hour New York Prelicense Course Syllabus Course Description This Pre-License course focuses on New York Real Estate Law and the everyday practice of Real Estate approved by the New York Real Estate Commission. This course covers all the subjects mandated by New York Real Estate License Law, for those interested in gaining their license. This course is expressly designed for, and geared to, all those potential licensees as defined by the New York Real Estate Commission, for the purpose of sitting for the real estate salesperson's exam. Anyone who assists or desires to assist others in the sale, leasing, management, or exchange of real estate must hold at least a real estate salesperson's license. Course Learning Objectives Unit 1: License Law Overview and Procedures for Licensing 1. State the purpose of the NY licensing law, the Department of State and the Board of Real Estate. 2. Explain the rules for obtaining a license in New York, state the types of licenses and their respective requirements. 3. Explain the New York real estate licensing exam requirements, procedures and policies. Unit 2: License Law Rules and Regulations 1. Define and explain the rules for license issuance, license information changes and branch office management. 2. Define and explain the rules for license renewal, continuing education and reciprocity. 3. Identify at least five Department regulations including handling of kickbacks and proper advertising. Unit 3: Unlicensed Assistants and License Law Violations 1. Name three allowed and three prohibited activities for unlicensed assistants and list at least five licensee activities that violate NY license law.
    [Show full text]
  • Quitclaim Deed GSA Washington Parcel L2
    ' . Illllll lllll llllllllll lllllllllllllllllll 1111111111111111 ll1111111111111111 2018028466-18 RECORDING REQUESTED BY: Commonwealth Land Title Insurance Company AFTER RECORDING RETURN TO: Fidelity National Title Insurance Company Commonwealth Land Title Insurance Company 1620 L Street, NW, 4th Floor Washingtop D.C 20036 7 File No. 16-Cb<K'fl,{,. Space above this line reserved for Recorder's use QUITCLAIM DEED The Yards - Parcel L-2 Lot 817, Square 771 Washington, DC THIS QUITCLAIM DEED (this ''Deed") is made as of Mo.LI-I /q 20.tl._, by and between the UNITED STATES OF AMERICA acting by and through the Administrator of General Services and authorized representatives, 7th & D Streets, S.W,, Washington, D.C 20407 (''Grantor") and FC 227, LLC, a Delaware limited liability company, 301 Water Street, SE, Suite 201, Washington, DC 20003 ("Grantee''), RECITALS WHEREAS, Pursuant to the authority of the Southeast Federal Center Public-Private Development Act of 2000 (Public Law 106-407; 114 Stat. 1758, the "SEFC Act''), Grantor desires to sell to Grantee all of Grantor's right, title and interest in and to a portion of the property subject to the SEFC Act. WHEREAS, in furtherance of the SEFC Act, Grantor and Forest City SEFC, LLC (""Forest City") entered into that certain Development Agreement with an effective date ofJune 16, 2005 (the "Development Agreement"). WITNESSETH: THAT FOR AND INCONSIDERATION OF good and sutlicient consideration, the receipt of which is hereby acknowledged, Grantor does hereby convey and quitclaim unto Grantee, and
    [Show full text]
  • Mo Quitclaim Deeds in Montana
    FAMILY FINANCIAL MANAGEMENT il{ r\4T202102HR, NEW 1/21 MONTANA e Deeds in Montana STATE UNTIr'ERSITY Quitclaim ExrENSroN By Marsha A. Goetting, PhD, CFP., CFCS, Professor and Extension Family Economics Specialist, Montana State UniversitfBozeman and Jane Wolery, Family Consumer Science, zl-H Youth Development, 7 Community Development Agent in Teton County Mo0 I I i I Quitclaim Deeds. What are they? When are they used? llUhen is a quitclalm deed used? What arc the risb? What could be some of the unintended Quitclaim deeds are rarely used for raditional real estate tax consequenc€s? ransfErs by land fth companies in Monana- A tide ompary researches property records in a title search to verifr rhe A TOT{IATA q'ICI.AT D@ TS A I.EGAL FM DUIT valid owner of real property. A title company also issues allows for the transfer ofreal properry (land and buildings) title insurance to protect the lender and/or owners against lrom a person typically called the grantor, to another person, lawsuits or claims against the properry tha: resuL &om issues usually called the grantee, The word "person" also includes with quitclaim deeds discussed previously. Before issuing an entiry such as a trusr or limied liabiliry company (LLC). title insurance, some title companies may use a quitclaim After the trarufer, the grantee then holds title to the propemy. deed to clear up some of these problems. This MontGuide answers questions commonly asked about Quitclaim deeds are sometimes used berween spouses quirclaim deeds 6lcd in Montana. to ensure borh spouses names appear on the propeny.
    [Show full text]
  • Property-Right of Subsequent Grantee by Quitclaim Deed Or with Actual Notice to Take Advantage of Prior Grantee's Failure to Record
    Washington and Lee Law Review Volume 6 | Issue 1 Article 12 Spring 3-1-1949 Property-Right Of Subsequent Grantee By Quitclaim Deed Or With Actual Notice To Take Advantage Of Prior Grantee'S Failure To Record Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr Part of the Property Law and Real Estate Commons Recommended Citation Property-Right Of Subsequent Grantee By Quitclaim Deed Or With Actual Notice To Take Advantage Of Prior Grantee'S Failure To Record, 6 Wash. & Lee L. Rev. 97 (1949), https://scholarlycommons.law.wlu.edu/wlulr/vol6/iss1/12 This Comment is brought to you for free and open access by the Washington and Lee Law Review at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. 1949 CASE COMMENTS 55 CASE COMMENTS BANKRUPTCY-DEFINITION OF "FARUER" FOR PURPOSES OF RELIEF THROUGH AGRICULTURAL COMPOSITIONS AND EXTENSIONS. [Federal] The availability of relief under the agricultural compositions and extensions phases of federal bankruptcy legislation depends on the pe- titioner's ability to bring himself within the definition of a farmer as set out in Section 75 (r) of the Bankruptcy Act.1 Prior to 1933, the Bankruptcy Act reference to farmers was merely to those "engaged chiefly in fanning or the tillage of the soil."2 However, the special legis- lation of 1933 adopted a definition in the
    [Show full text]