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Summary of Revised Chapter 59 Pertaining to Documents Presented for Recording at the Recorder of Deeds

Document preparers should modify the format of the documents they present for recording at local Recorder of Deeds offices in order to avoid the imposition of additional recording fees or possible rejection of documents. The following list summarizes the changes that should be made to such documents.

  • Took Effect on January 1, 2002

  • Requires 8 ½” x 11" size paper

  • Paper must be white or light-colored, 20# without watermarks

  • Print must appear in black or dark ink on only one side of the paper

  • No continuous forms or permanent binding are permitted
    (stapling of document for presentation is permitted)

  • No print small than printer 8 point type

  • Signatures must be in black or dark ink sufficient for reproduction from record

  • All signatures must have the name types, stamped or printed underneath

  • Attachments to a page of a document will not be permitted unless required by law

  • First page must have a 3" margin at the top - this margin must be completely blank for placement of Recorder's certificate

  • All margins other than the required 3" margin on the first page must be at least 3/4"

  • Every document (except plats and surveys) shall have the following information on the first page:

    1. Title of the document
    2. Date of the document
    3. All grantors' names
    4. All grantees' names
    5. Any statutory addresses
    6. Legal description of the property
    7. Applicable reference book and pages for statutory requirements

    (Preparers should take note that each of these items must be clearly identifiable on the first page. For example, if more than one date is set forth on the first page, the preparer should make clear which date is the date of the document. Recorders are also interpreting this to mean that individuals or entities must clearly be identified as “Grantors” or “Grantees”. While this adds an additional burden on the document preparer, it can serve to eliminate discretionary and possibly erroneous determinations by the Recorder with regard to the indexing of documents. Recommendations regarding the identification of grantors and grantees on documents are included elsewhere on the Property Law Committee web page.)

    If there is not sufficient room on the first page, the page reference within the document where the information is set forth shall be included on the first page (reference to an exhibit is acceptable).