17-21-6 - General duties of recorder -- Records and indexes.
17-21-6. General duties of recorder -- Records and indexes.
(1) Each recorder shall:
(a) keep an entry record, in which the recorder shall, upon acceptance and recording ofany instrument, enter the instrument in the order of its recording, the names of the parties to theinstrument, its date, the hour, the day of the month and the year of recording, and a briefdescription, and endorse upon each instrument a number corresponding with the number of theentry;
(b) keep a grantors' index, in which the recorder shall index deeds and final judgments ordecrees partitioning or affecting the title to or possession of real property, which shall show theentry number of the instrument, the name of each grantor in alphabetical order, the name of thegrantee, the date of the instrument, the time of recording, the kind of instrument, the book andpage, and a brief description;
(c) keep a grantees' index, in which the recorder shall index deeds and final judgments ordecrees partitioning or affecting the title to or possession of real property, which shall show theentry number of the instrument, the name of each grantee in alphabetical order, the name of thegrantor, the date of the instrument, the time of recording, the kind of instrument, the book andpage, and a brief description;
(d) keep a mortgagors' index, in which the recorder shall enter all mortgages, deeds oftrust, liens, and other instruments in the nature of an encumbrance upon real estate, which shallshow the entry number of the instrument, the name of each mortgagor, debtor, or person chargedwith the encumbrance in alphabetical order, the name of the mortgagee, lien holder, creditor, orclaimant, the date of the instrument, the time of recording, the instrument, consideration, thebook and page, and a brief description;
(e) keep a mortgagees' index, in which the recorder shall enter all mortgages, deeds oftrust, liens, and other instruments in the nature of an encumbrance upon real estate, which shallshow the entry number of the instrument, the name of each mortgagee, lien holder, creditor, orclaimant, in alphabetical order, the name of the mortgagor or person charged with theencumbrance, the date of the instrument, the time of recording, the kind of instrument, theconsideration, the book and page, and a brief description;
(f) subject to Subsection (3), keep a tract index, which shall show by description everyinstrument recorded, the date and the kind of instrument, the time of recording, and the book andpage and entry number;
(g) keep an index of recorded maps, plats, and subdivisions;
(h) keep an index of powers of attorney showing the date and time of recording, thebook, the page, and the entry number;
(i) keep a miscellaneous index, in which the recorder shall enter all instruments of amiscellaneous character not otherwise provided for in this section, showing the date of recording,the book, the page, the entry number, the kind of instrument, from, to, and the parties;
(j) keep an index of judgments showing the judgment debtors, the judgment creditors, theamount of judgment, the date and time of recording, the satisfaction, and the book, the page, andthe entry number; and
(k) keep a general recording index in which the recorder shall index all executions andwrits of attachment, and any other instruments not required by law to be spread upon the records,and in separate columns the recorder shall enter the names of the plaintiffs in the execution andthe names of the defendants in the execution.
(2) The recorder shall alphabetically arrange the indexes required by this section andkeep a reverse index.
(3) (a) The tract index required by Subsection (1)(f) shall be kept so that it shows a truechain of title to each tract or parcel, together with each encumbrance on the tract or parcel,according to the records of the office.
(b) A recorder shall abstract an instrument in the tract index unless:
(i) the instrument is required to contain a legal description under Section 17-21-20 anddoes not contain that legal description; or
(ii) the instrument contains errors, omissions, or defects to the extent that the tract orparcel to which the instrument relates cannot be determined.
(c) If a recorder abstracts an instrument in the tract index or another index required bythis section, the recorder may:
(i) use a tax parcel number;
(ii) use a site address;
(iii) reference to other instruments of record recited on the instrument; or
(iv) reference another instrument that is recorded concurrently with the instrument.
(d) A recorder is not required to go beyond the face of an instrument to determine thetract or parcel to which an instrument may relate.
(e) A person may not bring an action against a recorder for injuries or damages sufferedas a result of information contained in an instrument recorded in a tract index or other index thatis required by this section despite errors, omissions, or defects in the instrument.
(f) The fact that a recorded instrument described in Subsection (3)(e) is included in thetract index does not cure a failure to give public notice caused by an error, omission, or defect.
(g) A document that is indexed in all or part of the indexes required by this section shallgive constructive notice.
(4) Nothing in this section prevents the recorder from using a single name index if thatindex includes all of the indexes required by this section.
Amended by Chapter 381, 2010 General Session