§ 8-13-108 — Duties of office

Tennessee § 8-13-108

• Jurisdiction: Tennessee
• Title: 8

Text

(a) It is the duty of the register to: (1) Determine whether each instrument offered for registration is entitled to registration under the laws of this state; (2) If the instrument is accepted for registration, note on the instrument the time the instrument is actually received by the register; (3) Keep a notebook containing information regarding all instruments registered, except that a separate notebook for uniform commercial code instruments may also be kept. The information contained in the notebook shall include the names of the grantors, grantees, the time of receipt (date, hour and minute) and the fees received. A notebook kept for uniform commercial code instruments shall contain the same information, except that the name of the debtor may be substituted for grantor and secured party may be substituted for grantee. The notebook shall be maintained in a well-bound book or computer storage media in accordance with § 10-7-121 . The notebook information shall be maintained as a permanent record; (4) Enter into the appropriate notebook the required information as listed above. The register shall endeavor to make entries into the notebook in the order of time of reception as nearly as practicable, but entries shall be made without undue delay even if due to volume of instruments received the exact order of time of reception cannot be maintained. However, no instrument received on a certain day shall be entered into the notebook after instruments received on a later day; (5) Record or file the instrument in the appropriate book or record series; (6) Certify the fact of registration upon every instrument registered, the time it was received, the book and page or other reference where it is recorded or filed, the amount of fees received (if any), and the amount of taxes received (if any). This certification shall be entered on each instrument, and if the register determines that insufficient space exists on the instrument to enter the certification without overlaying writing on the instrument, the register may add a page to contain the certification, attach this page to the instrument being registered, and this additional page shall be considered a part of the original instrument to be registered; (7) Carefully preserve as permanent records the recorded copies of all deeds, deeds of trust and other instruments affecting interests in real estate; (8) Exhibit the notebooks and instruments registered to all persons wishing to inspect them, during regular business hours; (9) Register, in the proper book of the register's office, the correction by the clerk of any error or omission in the clerk's certificate of probate or acknowledgment; (10) Enter upon a book kept for that purpose any deposition taken to perpetuate testimony, together with the order of the judge, on tender of the fee allowed for the service; (11) Procure and keep good and well-bound books, to be called books of trust deeds, etc., in which the register shall register, separately from land titles, in the order in which they are filed, all mortgages and deeds of trust on personal property, contracts, leases, powers of attorney, as to personalty, and all other instruments required to be registered that are no part of the title or conveyance of any real estate, so as to have real estate titles in books separate from other conveyances. A separate set of books, to be called books of commercial secured liens, shall be kept, in which the register shall register, separately from all other items, all liens filed under the Uniform Commercial Code, compiled in title 47, chapters 1-9, and which shall be indexed as set forth in § 47-9-519 ; (12) Procure and keep good and well-bound books, to be called records of bankruptcies, in which the register shall register, separately from land titles, in the order in which they are filed, certified copies of petitions in bankruptcy (with schedules omitted), decrees of adjudication of bankruptcy, and orders of bankruptcy courts approving trustees' bonds which may be tendered for registration; and (13) Provide a client representation letter to the comptroller of the treasury within ten (10) days of a request for such letter during any audit. (b) (1) When a system of microphotography is used to record any instruments, papers, documents or notices, each original reel of film thereof kept by the register shall be given a separate number, and shall be called a "book," "film" or "reel" or shall be similarly designated, and each page or photograph of such instrument, paper, document or notice shall be called a "page," "image" or such similar designation. (2) Whenever, under any law, it is required that an instrument, paper, document or notice is to be identified or referred to as recorded in a book or page, or both, it shall be sufficient for purposes of identification and of compliance with such law or laws that reference be made to such instrument, paper, document or notice by the designation adopted by the register pursuant to this section. (3) The recording and registering of such instruments, papers, documents or notices in the "official record book" imparts notice as required by law in like manner and effect as if the original instrument, paper, document or notice was recorded in separate books or film. (c) In those counties having a population of not less than two hundred thousand (200,000) nor more than four hundred ten thousand (410,000), according to the 1960 federal census, the registers of the counties who maintain indexed records in accordance with title 10, chapter 7, part 2, and whose indexes are maintained in chronological order within alphabetical order may, in their discretion, be exempt from the duties in subdivision (a)(1) relative to the keeping of notebooks. All references in this section to notebooks and the requirements as to the notices and information to be entered in the notebooks shall apply to the registers' index records. (d) All counties having complied with title 10, chapter 7, part 4, in the establishment of a county records commission, are hereby authorized to maintain a continuous recording of any and all instruments, papers or notices in one (1) general series of books or film to be designated "official record book." The series shall be numbered consecutively beginning with number one (1). (e) (1) In counties having a metropolitan form of government with a population of four hundred thousand (400,000), or more according to the 1990 federal census, the office of register of deeds is authorized to implement an automated system for recording deeds and other instruments from remote locations. Electronic copies of such instruments are to be received within the register's office, reviewed for legibility and form, with any needed corrections, additions, modifications or changes needed to meet legal requirements for recordable form transmitted back to the sender over the system's dedicated lines. Once approved, a digitized label with the appropriate recording number, fees, taxes, date and time is affixed to the document which becomes an officially recorded document and is retained by the register of deeds. A copy of the digitized image is then transmitted back to the sender confirming that the recording has been completed. The register wishing to implement such electronic system may request technical assistance from the office of the comptroller of the treasury to advise on matters of system security and reliability. (2) The office of register of deeds in such county is further authorized to implement a method to accept the optional payment of fees for recording deeds and other instruments by means of electronic funds transfer. The method implemented shall ensure that such transfer is properly documented and recorded. (3) Any register implementing an automated system for recording deeds and other instruments electronically transmitted from remote locations shall file a statement with the comptroller of the treasury at least thirty (30) days prior to offering such service. The statement shall contain the following information: (A) A description of the computer hardware and software to be utilized; (B) A description of the procedures to be used to provide electronic recording of deeds and other instruments electronically transmitted from remote locations; (C) A description of the system security features; (D) A description of the register's office personnel who will be responsible for setting up remote users and for monitoring remote access activity; (E) A description of the types of records or documents to be electronically recorded; (F) A description of the integration of the electronic recording system with the register's office other automated systems such as imaging, indexing, fee collection, cash management and accounting; (G) A description of the instrument archive, document retrieval, and system backup policies and procedures; (H) The estimated cost of the system including development and implementation cost; and (I) The estimated cost savings of electronic recording of instruments. (4) A register which implements an automated system for recording electronically transmitted deeds and other instruments from remote locations shall provide to the comptroller of the treasury a post implementation review of the system between twelve (12) and eighteen (18) months after the date a statement as described in this section has been filed with the comptroller of the treasury. The review shall include: (A) An assessment of the system by the register; (B) Responses from a survey of users of the system; and (C) Any recommendations for improvements to an automated system for recording deeds and other instruments electronically transmitted from remote locations. (f) In any county having a population in excess of eight hundred ninety thousand (890,000), according to the 2000 federal census or any subsequent federal census, or any county in which the register receives endorsement from the existing county records commission or county mayor, the register may assume the functions and duties of the microfilm, public records or archives departments, or any of these, as established by the county commission.

Legislative History

Code 1858, § 454 (deriv. Acts 1841-1842, ch. 12, §§1-3, 5, 6; 1847-1848, ch. 119, § 3; 1849-1850, ch. 24, § 4); Acts 1867-1868, ch. 62, § 1; 1879, ch. 65, § 1; Shan., § 567; mod. Code 1932, § 816; mod. C. Supp. 1950, § 816; Acts 1963, ch. 81, § 1 (10-104); 1963, ch. 303, § 1; 1968, ch. 471, § 1; 1974, ch. 615, § 1; T.C.A. (orig. ed.), § 8-1308; Acts 1987, ch. 272, § 2; 1995, ch. 30, §1; 1999, ch. 134, § 1; 2000, ch. 846, §23; 2003 , ch. 49, § 1; 2003 , ch. 90, § 2; 2005, ch. 144, §1; 2012 , ch. 735, § 1.