57-3-106 — Original documents required -- Captions -- Legibility.
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57-3-106. Original documents required -- Captions -- Legibility.
(1) (a) Unless otherwise provided, documents presented for recording in the office of the county recorder shall:
(i) be originals; and
(ii) contain a brief caption stating the nature of the document.
(b) If a document is a master form, as defined in Section 57-3-201, the caption required by Subsection (1)(a)(ii) shall state that the document is a master form.
(2) A court judgment or an abstract of a court judgment presented for recording in the office of the county recorder in compliance with Section 78-22-1 shall:
(a) be an original or certified copy; and
(b) include the information identifying the judgment debtor as referred to in Subsection 78-22-1.5(4) either:
(i) in the judgment or abstract of judgment; or
(ii) as a separate information statement of the judgment creditor as referred to in Subsection 78-22-1.5(5).
(3) Judgments, abstracts of judgments, and separate information statements of the judgment creditor do not require an acknowledgment or a legal description to be recorded.
(4) A foreign judgment or an abstract of a foreign judgment recorded in the office of a county recorder shall include the affidavit as required in Section 78-22a-3.
(5) Any document recorded in the office of the county recorder to release or assign a judgment 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.
(6) Documents presented for recording shall also be sufficiently legible for the recorder to make certified copies.
(7) (a) A document which is of record in the office of the appropriate county recorder in compliance with this chapter may not be recorded again in that same county recorder's office unless the original document has been reexecuted by all parties who executed the document. Unless exempt by statute, original documents which are reexecuted must also contain the appropriate acknowledgment, proof of execution, jurat or other notarial certification for all parties who are reexecuting the document as required by Title 46, Chapter 1, Notaries Public Reform Act, and Title 57, Chapter 2, Acknowledgments. Documents submitted for rerecording shall contain a brief statement explaining the reason for rerecording.
(b) A county recorder may refuse to accept a document for rerecording if that document does not conform to the requirements of this section.
(c) Subsection (7) applies only to documents executed after July 1, 1998.
(8) Minor typographical or clerical errors in a document of record may be corrected by the recording of an affidavit or other appropriate instrument.
(1) (a) Unless otherwise provided, documents presented for recording in the office of the county recorder shall:
(i) be originals; and
(ii) contain a brief caption stating the nature of the document.
(b) If a document is a master form, as defined in Section 57-3-201, the caption required by Subsection (1)(a)(ii) shall state that the document is a master form.
(2) A court judgment or an abstract of a court judgment presented for recording in the office of the county recorder in compliance with Section 78-22-1 shall:
(a) be an original or certified copy; and
(b) include the information identifying the judgment debtor as referred to in Subsection 78-22-1.5(4) either:
(i) in the judgment or abstract of judgment; or
(ii) as a separate information statement of the judgment creditor as referred to in Subsection 78-22-1.5(5).
(3) Judgments, abstracts of judgments, and separate information statements of the judgment creditor do not require an acknowledgment or a legal description to be recorded.
(4) A foreign judgment or an abstract of a foreign judgment recorded in the office of a county recorder shall include the affidavit as required in Section 78-22a-3.
(5) Any document recorded in the office of the county recorder to release or assign a judgment 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.
(6) Documents presented for recording shall also be sufficiently legible for the recorder to make certified copies.
(7) (a) A document which is of record in the office of the appropriate county recorder in compliance with this chapter may not be recorded again in that same county recorder's office unless the original document has been reexecuted by all parties who executed the document. Unless exempt by statute, original documents which are reexecuted must also contain the appropriate acknowledgment, proof of execution, jurat or other notarial certification for all parties who are reexecuting the document as required by Title 46, Chapter 1, Notaries Public Reform Act, and Title 57, Chapter 2, Acknowledgments. Documents submitted for rerecording shall contain a brief statement explaining the reason for rerecording.
(b) A county recorder may refuse to accept a document for rerecording if that document does not conform to the requirements of this section.
(c) Subsection (7) applies only to documents executed after July 1, 1998.
(8) Minor typographical or clerical errors in a document of record may be corrected by the recording of an affidavit or other appropriate instrument.
Amended by Chapter 241, 2001 General Session
Amended by Chapter 370, 2001 General Session