Instruments filed or recorded with, and fees charged by, the register of deeds. (FE)

Current law requires the register of deeds to index certain statements or documents upon the filing of certain statements or documents evidencing the creation of a security interest. Under this bill, these statements and documents must be indexed upon recording.

Current law requires the register of deeds to maintain a real estate records index that contains certain specified information. One item of information required under current law is the volume and page where the recorded instrument is recorded.

Under this bill, the index must provide a document number where the instrument is recorded and the volume and page only in certain situations.

Current law requires the filing and indexing of notices of liens on real property for obligations payable to the United States, and certificates and notices affecting the liens, in the office of the register of deeds of the county in which real property subject to the liens is located. Under current law, the register of deeds may charge a fee for filing and indexing each notice of lien, certificate, or notice, and must bill the Internal Revenue Service (IRS) on a monthly basis for fees for documents filed by the IRS.

This bill permits the register of deeds to file a fee for recording or filing each notice of lien, certificate, or notice, and permits, but does not require, the register of deeds to bill IRS on a monthly basis.

Under current law, counties collect fees for recording or filing instruments that are recorded or filed with a register of deeds. The general fee for filing or recording instruments is $30. Among the fees for which a different amount is specified, counties collect $25 for recording certain certificates and for preparing and mailing to the clerk of courts certain documents related to certain survivorship interests in property. Under this bill, the specification of a different fee for recording instruments related to certain survivorship interests in property is eliminated and the general fee for filing or recording instruments applies. A requirement that the register of deeds mail to the clerk of courts certain documents related to certain survivorship interests in property is eliminated.

Current law specifies certain standard format requirements for documents that are to be recorded with the register of deeds. Under one of these requirements, a document that is filed with the register of deeds must generally use only black or red ink. Under this bill, blue ink may also be used.

Also under current law, the standard format requirements do not apply to instruments that are filed documents. Under this bill the standard format requirement also does not apply to recorded documents.

Under current law, one provision of the statutes requires that an instrument that is submitted for recording with the register of deeds contain a blank space at least 2.5 inches by 2.5 inches for use by the register of deeds. Another provision requires a blank space at least 3 inches by 3 inches. This bill amends the former provision so that both provisions require a blank space at least 3 inches by 3 inches.

Under current law, the register of deeds is required to keep certain recorded plats and certified survey maps in volumes or books, which must be kept in the register of deeds office. Under the bill, a register of deeds may store such documents electronically.