Wednesday, October 15, 2008
The General Assembly is not in session.
Tracking Virginia’s General Assembly
since 2007.
HB1909: Deeds; responsibility of attorney or party who prepares recordation.
Be it enacted by the General Assembly of Virginia:
1. That § 17.1-223 of the Code of Virginia is amended and reenacted as follows:
§ 17.1-223. Duty of clerk to record writings, etc., and make index.
A. Every writing authorized by law to
be recorded, with all certificates, plats, schedules or other papers thereto
annexed or thereon endorsed, upon payment of fees for the same and the tax
thereon, if any, shall, when admitted to record, be recorded by or under the
direction of the clerk on such media as are prescribed by § 17.1-239. However,
the clerk may refuse to accepthas
the authority to reject any writing for filing or recordation
unless (i) each individual's surname only, where it first appears in the writing,
is underscored or written entirely in capital letters, (ii) each page of the
instrument or writing is numbered, (iii) the Code section under which any
exemption from recordation taxes is claimed is clearly stated on the face of
the writing, (iv) the names of all grantors 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 the person or entity who
drafted the instrument, except that papers or documents prepared outside of the
Commonwealth shall be recorded without such an entry the
current business or residence address of
the grantee or a designee is clearly stated on the face of the writing.
B.No deed shall be
accepted for record by the clerk unless
it is accompanied by a current business or residence address of the grantee
or a designee. The person or entity submitting The
attorney or party who prepares or submits the writing for
recordation shall ensure that
the writing satisfies the
requirements of subsection A and that (i) the social security number is removed
from the writing prior to the instrument being submitted for recordation, (ii) a
deed or deed of trust conveying not more than four residential dwelling units may statestates
on the first page of the document the name of the title insurance underwriter
insuring such instrument and the title insurance policy number
or a statement that there is nothe
existence of
title insurance in effect with respect to the document or a
statement that such identifying number is not available or is unknownis
unknown to the preparer, and (iii) the first page of the document bears an
entry showing the name of either the person or entity who drafted the
instrument, except that papers
or documents prepared outside of the Commonwealth shall be recorded without
such an entry.
C. If the writing or deed is accepted for record and spread on the deed books, it shall be deemed to be validly recorded 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 other paper to record the clerk shall endorse thereon the day and time of day of such recordation. More than one book may be used contemporaneously under the direction of the clerk for the recordation of the writings mentioned in this section whenever it may be necessary to use more than one book for the proper conduct of the business of his office. After being so recorded such writings may be delivered to the party entitled to claim under the same.
Additional Data
Explanation
This is the actual text of the bill — the legislation itself. Generally this is amending existing law, proposing the addition or removal of words from laws that are already on the books.
Words that are highlighted in yellow are
proposed additions, and words that are crossed out in
red are proposed removals.
The numbers with the § symbol before them are references to existing laws, and if you click on them they’ll take you to that part of the law on the state's website.