17-21-20 - Recording required -- Recorder may impose requirements on documents to be recorded -- Prerequisites -- Additional fee for noncomplying documents -- Recorder may require tax serial number --
17-21-20. Recording required -- Recorder may impose requirements on documentsto be recorded -- Prerequisites -- Additional fee for noncomplying documents -- Recordermay require tax serial number -- Exceptions -- Requirements for recording final localentity plat.
(1) Subject to Subsections (2), (3), and (4), each paper, notice, and instrument requiredby law to be recorded in the office of the county recorder shall be recorded unless otherwiseprovided.
(2) Each document executed on or after July 1, 2007 that is submitted for recording to acounty recorder's office shall:
(a) unless otherwise provided by law, be an original or certified copy of the document;
(b) be in English or be accompanied by an accurate English translation of the document;
(c) contain a brief title, heading, or caption on the first page stating the nature of thedocument;
(d) contain the legal description of the property that is the subject of the document;
(e) comply with the requirements of Section 17-21-25 and Subsections 57-3-105(1) and(2);
(f) be notarized with the notary stamp with the seal legible; and
(g) have original signatures.
(3) (a) Beginning September 1, 2007, a county recorder may require that each paper,notice, and instrument submitted for recording in the county recorder's office:
(i) be on white paper that is 8-1/2 inches by 11 inches in size;
(ii) have a margin of one inch on the left and right sides and at the bottom of each page;
(iii) have a space of 2-1/2 inches down and 4-1/2 inches across the upper right corner ofthe first page and a margin of one inch at the top of each succeeding page;
(iv) not be on sheets of paper that are continuously bound together at the side, top, orbottom;
(v) not contain printed material on more than one side of each page;
(vi) be printed in black ink and not have text smaller than seven lines of text per verticalinch; and
(vii) be sufficiently legible to make certified copies.
(b) A county recorder who intends to establish requirements under Subsection (3)(a)shall first:
(i) provide formal notice of the requirements; and
(ii) establish and publish an effective date for the requirements that is at least threemonths after the formal notice under Subsection (3)(b)(i).
(c) If a county recorder establishes requirements under this Subsection (3), the countyrecorder may charge and collect from persons who submit a document for recording that does notcomply with the requirements, in addition to any other fee that the county recorder is authorizedto charge and collect, a fee that:
(i) is calculated to recover the additional cost of handling and recording noncomplyingdocuments; and
(ii) may not exceed $2 per page.
(4) (a) To facilitate the abstracting of an instrument, a county recorder may require thatthe applicable tax serial number of each parcel described in the instrument be noted on theinstrument before it may be accepted for recording.
(b) If a county recorder requires the applicable tax serial number to be on an instrumentbefore it may be recorded:
(i) the county recorder shall post a notice of that requirement in a conspicuous place atthe recorder's office;
(ii) the tax serial number may not be considered to be part of the legal description andmay be indicated on the margin of the instrument; and
(iii) an error in the tax serial number does not affect the validity of the instrument oreffectiveness of the recording.
(5) Subsections (2), (3), and (4) do not apply to:
(a) a map;
(b) a certificate or affidavit of death;
(c) a military discharge;
(d) a document regarding taxes that is issued by the Internal Revenue Service of theUnited States Department of the Treasury;
(e) a document submitted for recording that has been filed with a court and conforms tothe formatting requirements established by the court; or
(f) a document submitted for recording that is in a form required by law.
(6) (a) As used in this Subsection (6):
(i) "Boundary action" has the same meaning as defined in Section 17-23-20.
(ii) "Local entity" has the same meaning as defined in Section 67-1a-6.5.
(b) A person may not submit to a county recorder for recording a plat depicting theboundary of a local entity as the boundary exists as a result of a boundary action, unless:
(i) the plat has been approved under Section 17-23-20 by the county surveyor as a finallocal entity plat, as defined in Section 17-23-20; and
(ii) the person also submits for recording:
(A) the original notice of an impending boundary action, as defined in Section 67-1a-6.5,for the boundary action for which the plat is submitted for recording; and
(B) the original applicable certificate, as defined in Section 67-1a-6.5, issued by thelieutenant governor under Section 67-1a-6.5 for the boundary action for which the plat issubmitted for recording; and
(C) each other document required by statute to be submitted for recording with the noticeof an impending boundary action and applicable certificate.
(c) Promptly after recording the documents described in Subsection (6)(b) relating to aboundary action, but no later than 10 days after recording, the county recorder shall send a copyof all those documents to the State Tax Commission.
Amended by Chapter 381, 2010 General Session