Two of the topics that dominated our discussion were acknowledgements and addresses.
Here is what we said about acknowledgements:
The Deed
Indexing Standards contain a list of documents that must be acknowledged before
being recorded. If a document is not on that list, it does not need to be
acknowledged to be recorded.
The minimum
information needed to make an acknowledgement sufficient for recording is the
signature of the notary; the printed name of the notary; the expiration date of
the notary’s commission; and some language that reflects that the document has
been acknowledged.
Most
registries will reject a document that lacks the written name of the person
whose acknowledgement has been taken in the acknowledgement clause.
Most
registries do not require the notary stamp to be affixed in order to record a
document. (But since the notary statute requires a notary to affix his stamp
when taking an acknowledgement, the notary should comply with the statute and
always use the stamp).
On a document that has multiple grantors, it is sufficient
if the signature of just one grantor has been acknowledged. However, on a
declaration of homestead executed by two people, both signatures must be
acknowledged for the document to be recorded.
For out-of-state and out-of-country acknowledgements,
registries will defer to the person recording the document to determine the
adequacy of the acknowledgement. Because the law of the place where the
acknowledgement is taken controls the adequacy of the acknowledgement,
registries will assume compliance with the appropriate law and record the
document.
Regarding out-of-state or out-of country acknowledgements, these standards use the terms “notary public” and “justice of the peace” as generic references to any public official authorized to take an acknowledgement in that jurisdiction. For example, a document acknowledged in Connecticut by a “commissioner” could be recorded in Massachusetts.
Here is what we said about addresses:
A deed must contain two addresses: the mailing address of
the grantee and the address of the property being conveyed by the deed. The
grantee mailing address is so the municipal tax collector will know where to
send the property tax bill. The property address is so the municipal assessor
can identify the property to update ownership information in assessing records.
In many cases, a deed presented for recording fails to state
that property address. When confronted with this omission, the customer
presenting the document for recording will hurriedly write an address in the
margin of the deed. The address so written is often wrong. However, this is the
address entered by the registry of deeds in the searchable index. While those
in the real estate law business understand that an incorrect address does not
negate the property transfer, most homeowners think it does and will become
very agitated when they discover the discrepancy. To avoid an expensive fix,
please make an extra effort to ensure the correct property address is clearly
stated on a new deed before it reaches the registry of deeds.
Remember that most liens are indexed only by the debtor’s
name, not by any property address or town. Consequently, trying to narrow a
search by limiting the results to a particular city or town will exclude things
like attachments and federal tax liens that are indexed with a town code of
“none.”
While searching by property address can be a useful starting
point, it can also be unreliable. Most registries of deeds did not consistently
enter property addresses in the index until the late 1990s. Also, the registry
will index an address however it appears on the document presented for
recording. While a post office address may be 3-5 Main Street, one-third of the
documents recorded will say 3 Main Street; another third will say 5 Main
Street; and the remainder will say 3-5 Main Street. Similarly, a street with a
numeric name – like 3rd Avenue or Third Avenue – will be entered in
the index in whatever way it appears in the document being recorded.
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