SB 73

Current law requires the register of deeds to record and file plats and certified

survey maps that are authorized to be filed with the register of deeds. This bill states

that the register of deeds may either record or file these plats and certified survey

maps.

Also under current law, the register of deeds is required to file all documents

pertaining to security interests that are authorized to be filed with the register of

deeds. Under this bill, the register of deeds must record these documents.

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