Re: [BROKERDIRT] Legislation Requiring Original Documents or Original Signatures on Documents for Recording
Jack Burton
I am looking for cites to state statutes that require that documents be originals for recording, or that documents bear original signatures, or some variation on these requirements.
Our recording act, believe it or not, has no such requirement, and I want to draft curative legislation to repeal the new provision permitting the recording of copies of documents and replace it with one requiring originals. And I’m looking for good models so I don’t have to reinvent the wheel.
Many thanks,
Jack
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From: BROKERDIRT - Real Estate Brokers Discussion Group [mailto:BROKE...@LISTSERV.UMKC.EDU]
On Behalf Of Samira-Broker Dirt
Sent: Thursday, August 28, 2014 12:09 AM
To: BROKE...@LISTSERV.UMKC.EDU
Subject: Re: [BROKERDIRT] Legislation Permitting Recording of a “Duplicate" or Copy of Original Document
Dear list mates,
If anyone is willing to share (a) a mortgage broker client fee agreement, and (b) a non-circumvention agreement for a finder’s fee,
they are willing to share, I would greatly appreciate a copy.
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Ellen
Sent from my iPad
I am looking for cites to state statutes that require that documents be originals for recording, or that documents bear original signatures, or some variation on these requirements.
Our recording act, believe it or not, has no such requirement, and I want to draft curative legislation to repeal the new provision permitting the recording of copies of documents and replace it with one requiring originals. And I’m looking for good models so I don’t have to reinvent the wheel.
Many thanks,
Jack
Jack Burton | Attorney and Counselor at Law
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Pamela Simmons
a couple of exceptions. I pulled this off the County Recorder's Website:
Signatures must be original unless the document is a certified copy issued by the appropriate custodian of the public record. (GC 27201b, GC 28288, Evid Code 1530)
Attorney at Law
Law Office of Simmons & Purdy
2425 Porter Street, Suite 10
Soquel, CA 95073
(831) 464-6884
(831) 464-6886 fax
pam...@pamelaw.com
www.pamelaw.com
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Cec Daniels
In Arizona, our recorder’s office is pretty aggressive on this point. I am not aware of a lot of cites as settlements seem to be the resolve. Here is that address:
Cec Daniels, Broker, ePRO, GRI
6943 W. Mayberry Trail
Peoria, AZ 85383
None of us are as smart as all of us!
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Douglass Dewing
§ 55-106. When and where writings admitted to record. — Except when it is otherwise provided, the circuit court of any county or city, or the clerk of any such court, or his duly qualified deputy, in his office, shall admit to record any such writing as to any person whose name is signed thereto with an original signature, when it shall have been acknowledged by him, or proved by two witnesses as to him in such court, or before such clerk, or his duly qualified deputy, in his office, or the manner prescribed in Articles 2 (§ 55-113 et seq.), 2.1 (§ 55-118.1 et seq.), and 3 (§ 55-119 et seq.) of this chapter. When such writing is signed by a person acting on behalf of another, or in any representative capacity, the signature of such representative may be acknowledged or proved in the same manner. (Code 1919, § 5204; 1972, c. 130; 1994, c. 554; 2014, c. 338.)
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Richard Bland
Here is a link to the Massachusetts General Laws. https://malegislature.gov/Laws/GeneralLaws/PartI/TitleVI/Chapter36
See Section I would not suggest using this statute as a curative device since every Registry in the state has its own standards, some of which are standard, some not. Also, see Section 13, which specifically allows "certified copies" to be recorded in multiple Registries. I doubt that this is what you are looking for.
Good Luck,
Dick Bland
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Richard W. Bland
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Brian Huddleston
Oklahoma Statutes Citationized
Title 19. Counties and County Officers
Chapter 9 - Records and Deeds
Section 298 - Instruments to Contain Information Necessary for Indexing - Duty of Register of Deeds
Cite as: O.S. §, __ __
A. Every county clerk in this state shall require that the mandates of the Legislature be complied with, as expressed in Sections 287 and 291 of this title, and for that purpose, every instrument offered which may be accepted by the county clerk for recording, affecting specific real property whether of conveyance, encumbrance, assignment, or release of encumbrance, lease, assignment of lease or release of lease, shall be an original or certified copy of an original instrument and clearly legible in accordance with the provisions of subsection B of this section, and shall by its own terms describe the property by its specific legal description, and provide such information as is necessary for indexing as required in Sections 287 and 291 of this title, and on each such instrument shall be listed the mailing address of the grantee, mortgagee, assignee or other designated party to which the instrument is to be delivered after recording. If an instrument offered to a county clerk for recording contains more than twenty-five legal descriptions requiring separate entries in the indexes required by Sections 287 and 291 of this title, the descriptions shall be sorted by addition, block, and lot if platted property, or by township, range, and section if described by governmental survey description. Any instrument offered to a county clerk for recording containing more than twenty-five legal descriptions per page, counted as each description which could require a separate line entry in the numerical index, shall be accompanied by an additional filing fee of One Dollar ($1.00) per legal description in excess of twenty-five legal descriptions per page to be paid to the county clerk. Unless the person offering a nonconforming instrument for filing is willing to reform the instrument to conform to statutory requirements, for which purpose it may be withdrawn and refiled during the same business day, the county clerk may refuse to record the same in the records of deeds, leases or mortgages or to index the same upon the index records referred to in Section 287 or 291 of this title, or to file or record the same in the office of the county clerk.
B. All documents filed of record in the office of the county clerk pursuant to subsection A of this section or pursuant to any other law shall be an original or a certified copy of an original document. Such documents shall be clearly legible, in the English language, using xerographically reproducible dark ink, on paper of a color that is xerographically reproducible by the copying equipment in use by the county clerk. Unless otherwise provided by law, such documents shall measure no larger than eight and one-half (8 1/2) inches by fourteen (14) inches. All documents shall provide an area free of printed information sufficient in size to accommodate affixation of the documentary stamps required by Section 3201 of Title 68 of the Oklahoma Statutes, any certification of the payment of mortgage taxes required by Section 1901 et seq. of Title 68 of the Oklahoma Statutes, and the recording information affixed by the county clerk upon acceptance of a document for recordation. If an instrument submitted to the county clerk for recording does not contain sufficient space for the affixation of such stamps and recording information without covering language contained in the instrument, the county clerk shall attach an additional page to the document to provide for the affixation of such stamps and recording information. The top margin of all documents shall be at least one (1) inch and all other margins shall be at least one-half (1/2) inch.
C. Despite any provision in this section to the contrary, the county clerk shall accept for filing any document that fails to meet the requirements of subsection B of this section if:
1. The document is an original or a certified copy of an original;
2. The document is legible without the aid of magnification or other enhancement of the text;
3. The document is xerographically reproducible by the copying equipment in use by the county clerk;
4. The document meets all other statutory requirements for recordation; and
5. The person offering the instrument for recording pays the additional fee provided in Section 32 of Title 28 of the Oklahoma Statutes for nonconforming documents.
D. Despite any provision in this section to the contrary, a digitized image or electronic copy of an original or certified copy of an original instrument or document shall satisfy the requirement that the document be an original or certified copy of an original instrument or document, provided that the digitized image or electronic copy is submitted for recording electronically pursuant to the Uniform Real Property Electronic Recording Act in Title 16 of the Oklahoma Statutes and all other rules promulgated pursuant to that act.
E. This section shall not apply to plats, filings under the Uniform Commercial Code, or any other instruments that may be filed pursuant to any other law.
F. All documents accepted for filing, including all documents filed before the effective date of this act, shall be deemed to comply with the requirements of this section and, except as otherwise provided by law, impart constructive notice of the contents of such document to third parties unless a person claiming adversely to any such document files an affidavit setting forth the basis of such claim in the office of the county clerk of the county where the property is located within six (6) months from the effective date of this act.
Historical Data
Laws 1951, SB 168, p. 43, § 1; Amended by Laws 1965, HB 849, c. 417, § 1, emerg. eff. July 7, 1965; Amended by Laws 1974, SB 282, c. 91, § 1; Amended by Laws 1979, HB 1014, c. 146, § 1; Amended by Laws 1989, HB 1132, c. 9, § 1, eff. November 1, 1989; Amended by Laws 1996, HB 2796, c. 195, § 1, eff. November 1, 1996; Amended by Laws 1997, HB 1946, c. 1, § 2, emerg. eff. February 18, 1997 (superseded document available); Amended by Laws 1997, HB 2011, c. 233, § 2, emerg. eff. July 1, 1997 (superseded document available); Amended by Laws 1998, SB 816, c. 310, § 4, eff. November 1, 1998 (superseded document available); Amended by Laws 2012, HB 2655, c. 36, § 1, eff. November 1, 2012 (superseded document available).
Best regards,
Brian Huddleston
Huddleston Law Offices
4527 East 91st Street
Tulsa, OK 74137
💼O: 918.928.7717
🚙M: 918.237.3857
📠F: 918.477.2075
From: BROKERDIRT - Real Estate Brokers Discussion Group [mailto:BROKE...@LISTSERV.UMKC.EDU] On Behalf Of Jack Burton
Sent: Wednesday, October 8, 2014 12:03 PM
To: BROKE...@LISTSERV.UMKC.EDU
Subject: Re: [BROKERDIRT] Legislation Requiring Original Documents or Original Signatures on Documents for Recording
I am looking for cites to state statutes that require that documents be originals for recording, or that documents bear original signatures, or some variation on these requirements.
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John L. Davidson
1) Why?
2) How will such interplay with electronic signature laws?
John L. Davidson
John L. Davidson P.C.
P.O. Box 31506
Saint Louis, Missouri 63131
314.394.0869 facsimile
From: BROKERDIRT - Real Estate Brokers Discussion Group [mailto:BROKE...@LISTSERV.UMKC.EDU] On Behalf Of Ellen
Sent: Wednesday, October 08, 2014 1:24 PM
To: BROKE...@LISTSERV.UMKC.EDU
Subject: Re: [BROKERDIRT] Legislation Requiring Original Documents or Original Signatures on Documents for Recording
MCL Section 565.201.
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Karl Yeager
Here’s why original documents should be recorded:
Karl Yeager | Partner
Meagher & Geer,
P.L.L.P.
33 South Sixth Street, Suite 4400 | Minneapolis,
Minnesota 55402
DIRECT: +1-612-347-9105 | FAX: +1-612-877-3003
KYE...@meagher.com | www.meagher.com
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John L Jones
------
I am looking for cites to state statutes that require that documents be originals for recording, or that documents bear original signatures, or some variation on these requirements.
Our recording act, believe it or not, has no such requirement, and I want to draft curative legislation to repeal the new provision permitting the recording of copies of documents and replace it with one requiring originals. And I’m looking for good models so I don’t have to reinvent the wheel.
Many thanks,
Jack
Jack Burton | Attorney and Counselor at Law
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Jack Burton
John,
Thanks for your email. I should have made it clear in my original posting that I am aware of UETA and the Uniform Real Property Electronic Recording Act (URPERA). I helped to secure their enactment in New Mexico and served on the task force that developed rules (what we call regulations here) for the implementation of URPERA. I am also an old friend and colleague of Pat Fry’s on the uniform law commission.
Section 3(a) of URPERA provides that “If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium or be in writing, the requirement is satisfied by an electronic document satisfying the Uniform Real Property Electronic Recording Act.”
While this provision of URPERA is self-executing, if we amend our recording act to require original documents, I would recommend express exceptions in that act for electronic documents under URPERA, as well as other exceptions that are not germane to this discussion.
Incidentally, I am finding in my research, and from the responses on BROKERDIRT, that most, if not almost all, states do require original documents for recording, or appear to require the same thing by requiring original signatures on documents, except for (a) electronic documents under URPERA, (b) documents that are certified copies issued by the appropriate custodian of public records, and (c) documents filed for record (recorded) under the Uniform Commercial Code.
Thanks again,
Jack
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From: BROKERDIRT - Real Estate Brokers Discussion Group [mailto:BROKE...@LISTSERV.UMKC.EDU] On Behalf Of John L Jones
Sent: Saturday, October 11, 2014 2:21 PM
To: BROKE...@LISTSERV.UMKC.EDU
Subject: Re: [BROKERDIRT] Legislation Requiring Original Documents or Original Signatures on Documents for Recording
Jack,