Recording Issues Across the States, Are We More Different than

Similar?Focusing on OH, WV, PA, TX,

OK, ND, and CO

History of Recording

Livery of Seisin

Turf and Twig Ceremony

Importance of Recording

Recorder’s Rules and Procedures

• Large Crowds Resulting in Record Room Rules – Capacity Limit– Time Quota– Sign-up sheets– Line– Company Team Size Limitations

• Know the rules and procedures before arrival– Arrive late and you may not get access

Examples• Capacity Limits and Time Quotas :

– Tyler County, West Virginia– Doddridge County, West Virginia– Nobel County, Ohio

• Sign-up sheets:– Doddridge County, West Virginia

• Lines:– Tyler County, West Virginia– Noble County, Ohio

• Company limitations:– Greene County, Pennsylvania

Horror Stories• Fights among abstractors and threats

to the staff– Increased security presence

• Tyler County Camping

Tips For Success• Know the rules and procedures of the

Clerk– Prepare and plan before arriving

• Be polite and courteous to everyone in the Clerk’s Office

• Avoid bribery and corrupt practices– Giving of anything that could result in the

clerk’s extending extra benefits or anything that may reasonably be regarded as such

– Applies to any tangible or intangible benefit– In WV it can be a 1-10 year Felony and for a

corporation$50,000 in fines

Using the Records

Pregame Record Room Questions

• Is everything in one room?• Where is each type of document indexed?• Is there anything that is not indexed?• Books, computers or both?• Where are the landbooks?• Where is the Daily Fee Index?

Indexing

• Indices May Vary By County:– Russell Index (1838-1920) and Family Name

Index (1920-Present)– Paper indices use Russell Index and

computers use Family Name Index. – Completely paperless with three different

computer systems for three time periods with different search features.

Indexing Cont.

• Daily Fee • Name variations:

– “St. Clair” could be StClair, St. Claire, etc.• Church and School Indexing:

– United Methodist Church• Is it indexed under C, U, M or under the

individual church trustee’s name?– Grant District Board of Education (Harrison

County)• Is it indexed under G, B, S or H?

Horror Stories

• You can only access the landbooks during a two hour time frame on Fridays or by appointment.

• You can only access the Chancery Books every Monday from 12-2

• Lis Pendens are in the “Articles of Incorporation Book 3”

• Attorney who falsely recorded deeds made in favor of family members after a courthouse fire

Tips for Success

• Always get to know your surroundings and the nuisances of a county

• Check for notices or other information posted in the Record Room

• Ask colleagues what to expect• Request a brief tour from a Deputy Clerk• Develop good relationships with staff and

other abstractors!

Recording Documents

Clerk’s Rules

• Many County Clerk’s have unique specifications (not uniform throughout state)– Document margins– Paper type used– How many documents a company can

record per day – How many leases can be included in each

assignment

Clerk’s Rules

• Some Clerk’s will let you pay a penalty to record

• Recording fees are not consistent– Fees can vary based on page, document,

and document type (i.e. assignment, deed, will, etc.)

• Bottom line: Clerk’s have the final say as to whether they will record a document or not

Horror Stories

• Multiple attempts to record the same document

• Recording of affidavits and out of state wills

• Requesting a copy of a title opinion • Requiring a signature on a document that

by statute did not require a signature• Seeking advice from a local attorney

• Know the rules and requirements before you attempt to record:– Fees and accepted payments– Requirements for margins and paper type– Limitations on daily recording

• Seek advice from a colleague that has recorded in that county

• Be patient and courteous with the Clerk throughout the process– Do not burn bridges

Tips for Success

The Recording Acts

Let’s Start in the Beginning

Colonel Edwin Drake (on right) in front of a wooden oil derrick

Basic Info

• Race – Notice State• Recorder’s Office• Grantor/Grantee Index• Metes and Bounds Descriptions• Other offices: Prothonotary, others• Special Recording Requirements

Document Guidelines

• Paper size – 8½ x 11 or 8½ x 14• White or manila paper• Minimum font size – 10 point• Must be TYPED in BLACK ink• Minimum 1 inch margin for deeds• Documents with tape, glue, staples,

correctional fluid, or highlighted areas will not be accepted

Birthplace of “Big Oil”

John D. Rockefeller

Basic Info

• Race – Notice State• Recorder’s Office• Grantor/Grantee index in most counties• Section, Range, Township and Metes

and Bounds• Other Offices:

Engineer, Auditor, Clerk of Court• Special Document Guidelines

Document Guidelines• Minimum font size – 10 point• Minimum paper size – 8½ x 11, Maximum

paper size – 8½ x 14• Black or Blue ink ONLY• No use of highlighting• Margins of 1 inch on each side of

the page and on the bottom• 3 inch margin on the top of the

first page, reserved for recorder, auditor & engineer

• 1½ inch margin on the top of each of the remaining pages

King Coal

Long Wall Mining

Basic Info

• Notice State• County Clerk’s Office• Grantor-Grantee

Index• No Specific

Document Guidelines Found

TEXAS

Anthony Francis Lucas & Lucas Gusher at Spindletop

Basic Info

• Notice State• Clerk & Recorder’s Office• Grantor-Grantee Index• Special Document Guidelines

Document Guidelines

• Minimum font size – 8 point• Maximum paper size – 8 ½ x 14• Be of quality that printing, typing, or

handwriting on it will not smear or bleed through

• Identifying by clear heading at thetop of the first page

More Guidelines

• Names typed or printed under signatures

• Riders comply with size, weight, type size

• Only 1 Rider may be attached per page

Sooner is better than later

Glenn Pool

Basic Info

• Notice State • County Clerk’s Office• Tract Index• Must describe the property

by its specific legal description (addition, block & lot, section, township, range, and metes & bounds if necessary)

• Special Document Guidelines

Document Guidelines

• 1 inch margin at the top • ½ inch for all other margins

(3 inch top margin is ideal)• Maximum paper size – 8 ½ x 14• Must have blank area for affixation of

documentary stamps, certification of the payment of mortgage tax, and recording information

• Dark ink ONLY

Looking for a Career Change?

$15/hr to serve tacos - $25/hr to wait tables - $80K/yr to drive a truck

Basic Info

• Race-Notice State• Recorder’s Office• Tract Index• Legal description must be

considered adequate by recorder• Special Document Guidelines

Document Guidelines

• A blank space of at least 4 x 3½ inch must be left on the first or last page

• Maximum paper size – 8 ½ x 14

Tweeting Used to Save Lives

Coal Miner’s Canary

Basic Info

• Race-Notice State• Clerk & Recorder’s Office• Grantor-Grantee Index• Special Document Guidelines

Document Guidelines

• At least 1 inch margin on the top and bottom of the page

• At least ½ inch margin on each side of the page

• Deeds - mailing address for Grantee• Return address for original document• Documents do not need to be

acknowledged

Electronic Recording

• Processed through certain vendors – fill out template and attach document

• Reduces processing time, saves costs in postage & shipping, results in fewer rejections and quicker corrections

• Fees are automatically calculated and payable online

Tim McKeenMemberSteptoe & Johnson PLLC(304) 231-0473timothy.mckeen@steptoe-johnson.com

Diana PrulhiereAssociateSteptoe & Johnson PLLC(303) 389-4365diana.prulhiere@steptoe-johnson.com