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Nehueln Guarno
The recorder maintains and preserves all legal documents affecting title to real property. These records are the legal basis for determining ownership. We also record many other types of documents ranging from deeds and mortgages to business names and military discharges.
The primary duty of the county recorder is to record instruments submitted for recording. It is the duty of the recorder to see that each instrument meets the essential requirements for recording. Each instrument must be entered in the Entry Book, properly indexed, and recorded in the manner provided by law.
It is the duty of the county recorder to prepare, proof and furnish any submitted copy of any transcript of any record or copy of any record or instrument in all cases, when required by law or ordered by the court or requested by any parties and, if further requested, to certify under seal as to the correctness thereof.
It is the duty of the county recorder to keep an accurate account of all fees charged and collected and to deposit such collections daily in the depository or depositories duly designated by the county board of finance. It is also the duty of the recorder to pay over all of such collections to the county treasurer immediately after the close of each calendar month.
In Official Opinion No. 22 of the Attorney General, dated March 20, 1958, and Official Opinion No. 58of the Attorney General, dated September 28, 1964, it was held that there is no affirmative duty imposedupon the county recorder to search his official records, at the request of any party, for liens or otherinstruments, and to certify to the results of such search, and to certify to an interested party as tothe existence of or lack thereof of a presently effective financial statement in his files. However, acounty recorder does have permissive authority for searching his records upon request and as an electedpublic official may wish to do so.