2006 Code of Virginia § 17.1-223 - Duty of clerk to record writings, etc., and make index

17.1-223. Duty of clerk to record writings, etc., and make index.

Every writing authorized by law to be recorded, with all certificates, plats,schedules or other papers thereto annexed or thereon endorsed, upon paymentof fees for the same and the tax thereon, if any, shall, when admitted torecord, be recorded by or under the direction of the clerk on such media asare prescribed by 17.1-239. However, the clerk may refuse to accept anywriting for filing or recordation unless (i) each individual's surname only,where it first appears in the writing, is underscored or written entirely incapital letters, (ii) each page of the instrument or writing is numbered,(iii) the Code section under which any exemption from recordation taxes isclaimed is clearly stated on the face of the writing, (iv) the names of allgrantors and grantees are listed as required by 55-48 and 55-58, and (v)the first page of the document bears an entry showing the name of either theperson or entity who drafted the instrument, except that papers or documentsprepared outside of the Commonwealth shall be recorded without such an entry.No deed shall be accepted for record by the clerk unless it is accompanied bya current business or residence address of the grantee or a designee. Theperson or entity submitting a deed or deed of trust conveying not more thanfour residential dwelling units may state on the first page of the documentthe name of the title insurance underwriter insuring such instrument and thetitle insurance policy number or a statement that there is no title insurancein effect with respect to the document or a statement that such identifyingnumber is not available or is unknown. If the writing or deed is accepted forrecord and spread on the deed books, it shall be deemed to be validlyrecorded for all purposes. Such books shall be indexed by him as provided by 17.1-249 and carefully preserved. Upon admitting any such writing or otherpaper to record the clerk shall endorse thereon the day and time of day ofsuch recordation. More than one book may be used contemporaneously under thedirection of the clerk for the recordation of the writings mentioned in thissection whenever it may be necessary to use more than one book for the properconduct of the business of his office. After being so recorded such writingsmay be delivered to the party entitled to claim under the same.

(Code 1919, 3392, 17-59; 1926, p. 465; 1934, p. 514; 1979, c. 527; 1983,c. 293; 1985, c. 246; 1986, c. 167; 1990, c. 374; 1996, c. 454; 1998, c. 872;2004, c. 336.)