57-3-106 - Original documents required -- Captions -- Legibility.
57-3-106. Original documents required -- Captions -- Legibility.
(1) A person may not present and a county recorder may refuse to accept a document forrecording if the document does not comply with this section.
(2) (a) Unless otherwise provided, a document presented for recording in the office of thecounty recorder shall:
(i) be an original;
(ii) contain a brief caption on the first page of the document stating the nature of thedocument; and
(iii) contain a legal description of the property as required under Section 57-3-105.
(b) If a document is a master form, as defined in Section 57-3-201, the caption requiredby Subsection (2)(a)(ii) shall state that the document is a master form.
(3) A court judgment or an abstract of a court judgment presented for recording in theoffice of the county recorder in compliance with Section 78B-5-202 shall:
(a) be an original or certified copy; and
(b) include the information identifying the judgment debtor as referred to in Subsection78B-5-201(4) either:
(i) in the judgment or abstract of judgment; or
(ii) as a separate information statement of the judgment creditor as referred to inSubsection 78B-5-201(5).
(4) A judgment, abstract of judgment, and separate information statement of thejudgment creditor does not require an acknowledgment or a legal description to be recorded.
(5) A foreign judgment or an abstract of a foreign judgment recorded in the office of acounty recorder shall include the affidavit as required in Section 78B-5-303.
(6) Any document recorded in the office of the county recorder to release or assign ajudgment lien shall include:
(a) the name of any judgment creditor, debtor, assignor, or assignee;
(b) the date of recording; and
(c) the entry number of the instrument creating the judgment lien.
(7) A document presented for recording shall be sufficiently legible for the recorder tomake certified copies of the document.
(8) (a) (i) A document that is of record in the office of the appropriate county recorder incompliance with this chapter may not be recorded again in that same county recorder's officeunless the original document has been reexecuted by all parties who executed the document.
(ii) Unless exempt by statute, an original document that is reexecuted shall contain theappropriate acknowledgment, proof of execution, jurat, or other notarial certification for allparties who are reexecuting the document as required by Title 46, Chapter 1, Notaries PublicReform Act, and Title 57, Chapter 2, Acknowledgments.
(iii) A document submitted for rerecording shall contain a brief statement explaining thereason for rerecording.
(b) A person may not present and a county recorder may refuse to accept a document forrerecording if that document does not conform to this section.
(c) This Subsection (8) applies only to documents executed after July 1, 1998.
(9) Minor typographical or clerical errors in a document of record may be corrected bythe recording of an affidavit or other appropriate instrument.
(10) (a) Except as required by federal law, or by agreement between a borrower under the
trust deed and a grantee under the trustee's deed, and subject to Subsection (10)(b), neither therecordation of an affidavit under Subsection (9) nor the reexecution and rerecording of adocument under Subsection (8):
(i) divests a grantee of any real property interest;
(ii) alters an interest in real property; or
(iii) returns to the grantor an interest in real property conveyed by statute.
(b) A person who reexecutes and rerecords a document under Subsection (8), or recordsan affidavit under Subsection (9), shall include with the document or affidavit a notice containingthe name and address to which real property valuation and tax notices shall be mailed.
Amended by Chapter 381, 2010 General Session