§ 14-15-403 — Instruments affecting title to property

(a) No instrument by which the title to real estate or personal property, or any interest therein, or lien thereon, is conveyed, created, encumbered, assigned, or otherwise affected or disposed of shall be received for record or filing by the recorder unless: (1) The name and address of the person who, and the governmental agency, if any, which, prepared the instrument appears on the face of the first page thereof; and (2) The name is either printed, typewritten, stamped, or signed in a legible manner. (b) An instrument will be in compliance with this section if it contains a statement in the following form: Click here to view form. (c) The receipt for record or filing of any instrument by the recorder without complying with the provisions of this section shall not prevent the instrument from becoming notice as provided by law. (d) (1) Any fee charged by the recorder for recording or filing of any instrument which does not conform with the provisions of this section shall be returned by the recorder to the person who paid the fee upon request, if made within six (6) months after recording or filing of the instrument. (2) If no such request is made within that time, the fee shall be paid into the county general fund by the recorder. (e) This section does not apply to any instrument executed prior to August 1, 1959, nor to any decree, order, judgment, writ of any court, will, or death certificate.

Legislative History

Acts 1959, No. 168, §§ 1, 2; 1961, No. 437, § 1; A.S.A. 1947, §§ 16-118, 16-119.