LEGAL ISSUES FOR REGISTERS OF DEEDS

Prepared by THE UNIVERSITY OF TENNESSEE COUNTY TECHNICAL ASSISTANCE SERVICE in cooperation with COUNTY OFFICIALS ASSOCIATION OF TENNESSEE and TENNESSEE COUNTY SERVICES ASSOCIATION

PARTICIPANT MANUAL Revised August 2010

LETTER TO PARTICIPANTS Welcome! We are pleased that you are participating in this training program sponsored by The University of Tennessee's County Technical Assistance Service. You are to be commended for your interest in improving your job skills through continuing education. The field of local government is a challenging one. It requires current job knowledge and constant skill refinement in order to provide the public with the best service possible. This training will provide beneficial information and you will leave better equipped to meet the demands of your position. In addition to this course, there are a variety of programs and seminars throughout Tennessee for local and state government officials. Certificate training programs are key components of our local government training effort. These programs are designed specifically for county officials or municipal officials. We encourage you to learn more about these certificate training programs and to consider what they have to offer. Not only do the courses in these programs help to keep you informed about recent developments, increase your understanding of local government issues and sharpen your specific job skills, they also provide an opportunity to discuss issues and share ideas with other local government officials. The University of Tennessee and its agencies stress quality education and practical training to help you in your daily operations. In order to better serve your needs, we solicit your input. Your comments and suggestions are important to us. We also welcome your suggestions on topics for future courses. Education is a life-long process. We applaud your efforts and your commitment to professional development. Sincerely,

Michael R. Garland Executive Director County Technical Assistance Service

LEGAL ISSUES FOR REGISTERS OF DEEDS TABLE OF CONTENTS
INTRODUCTION......................................................................................................................... 1  Overview of Course ................................................................................................................. 1  Learning Outcomes (Behavioral Objectives) .......................................................................... 1  CHAPTER ONE ........................................................................................................................... 3  DESCRIPTION OF THE OFFICE.......................................................................................... 4  Nature of the Office, Its Historical Development ................................................................... 4  Legal Qualifications of the Officeholder ................................................................................. 4  Method of Election and Term of Office .................................................................................. 5  Bond and Oath Requirements .................................................................................................. 5  Compensation of the Register ................................................................................................. 6  Ouster of the Register .............................................................................................................. 7  Vacancy in the Office .............................................................................................................. 8  CHAPTER TWO ........................................................................................................................ 10  BASIC DUTIES OF THE REGISTER .................................................................................. 11  Instruments to be Recorded or Filed ..................................................................................... 11  Legal Theory Supporting Instruments Affecting Interests in Real Property .................................................................................................... 11  Bundle Of Rights Theory ................................................................................ 11  Identification and Purpose of Most Common Instruments Relating to Real Property ...................................................................................... 12  Affidavits of Affixation .................................................................................. 12  Affidavits of Scrivener=s Error and Other Affidavits Helping Identify Title To Land............................................................................... 12  Appointment of a Substitute Trustee .............................................................. 12  Assignment of a Deed of Trust ....................................................................... 12  Assumption Agreements ................................................................................. 12  Bond to Discharge Lien .................................................................................. 12  Court Decrees.................................................................................................. 12  Deed of Correction.......................................................................................... 12  Deed of Trust .................................................................................................. 12  Installment Deed ............................................................................................. 12  Instruments Relating To Mineral Claims ........................................................ 13  Declaration of Interest .......................................................................... 13  Statement of Claim ............................................................................... 13  Liens (Generally) ............................................................................................ 13  Negative Pledge .............................................................................................. 13  Notice of Meth Lab Quarantine/Certificate of Fitness ................................... 13  Oil, Gas or Mineral Lease ............................................................................... 13  i

....................................................................................................................................................................... 20  Specific Rules for Plats ................................................ 14  Instruments Affecting Interests in Personal Property ...................................................... 16  Financing Statement ..................................................................................................................... 22  Payment of the Statutory Fees .................................................................................. 15  Identification and Purpose of UCC Instruments (Records) ........................ 13  Partition Deed ...................................................................................................................................................... 17  Revenue Reports. 20  Electronic Records .................................................. 16  Continuation Statement ................................ 16  Initial Financing Statement .......................................... 19  Name and Address of Preparer ............................................................................................................................... 17  Depositions ..................... 18  Legibility / Language ............................................................................................................................... 17  Powers Of Attorney .............................................................. 20  Parcel Identification Number ............................................................................................................................................................................. 14  Wills ...................................................................................................... 14  Quitclaim Deed ................................................................................................................................................. 23  Data Processing Fee ................................................................................................................................................. 13  Plat .......................................................................................................... 17  Real Property Related Instruments ............................................................................................................................................................................. 16  Amendment .................................................. 20  Specific Rules for UCC Records .......................................................................................................................................................... 24  Standard Fees .................. 23  The Most Basic Statute Relating to Register’s Fees ................................................. 20  Payment of Transfer or Mortgage Tax... 17  Officials’ Bonds ............................................................................................................ 18  Name And Address of an Owner and Taxpayer ......................................... 25  UCC Fee Issues .. 17  Other Documents .................. 24  Electronic Filing Fee ........................................................... 17  Requirements for Acceptance of Instruments ........................... 16  Assignment ................................................................................ 24  Partnership Fee Issues ......................... 14  Real Estate Contract............................................................................................................................................. 15  Uniform Commercial Code Records .............................................................................. 14  Warranty Deed .............................................. 23  Proper Fees for Recording or Filing ...................................................................................................................................... 16  Security Agreement ................................................ 19  Reference to Previously Registered Instruments ............................................................................................... 14  Timber Deed .................................................................................................................................................................................................................................................... 14  Restrictive Covenant ..................................................................................... 16  Correction Statement ............................................................................. 16  Release............ 17  Termination Statements ................Order Sustaining Petition For Condemnation of Property..................... 26  ii ... 18  Authentication / Acknowledgment ............................

............................................................................................................................................................................................... 29  Credit Unions (state chartered)........................ 32  Deeds of Trust.................................... 39  CHAPTER THREE ..................................................................................................................... 26  Mortgage ............................................................................................................................................................................................................................................................................... 28  Most Common Exemptions from Tax ........ 32  Old and New Systems of Recording .......................................................................................... 30  Telephone Cooperatives ................................. 41  Commissions .......................................................................................................... 39  Redaction of Social Security Numbers ............................................................ 26  Collection of State Taxes ............................................ 35  Uniform Electronic Transactions Act .............................................................................................. 30  Local Utilities ........................ 29  Certain Investment Companies ................................ 37  Notice of Child Support Liens ................................................................................................................................................................................................................................................................................................................. 36  Uniform Real Property Electronic Recording Act (URPERA) ........................... 31  UCC Records ............... 29  Farm Credit Services (production credit associations). 33  UCC Records .................................................................................................... 42  Receipts ............ 31  Recording................................................................................................................................ 41  Accounting ...................... 26  Transfer Tax ... 41  Form of Payment ..................................................................................................................................................................................................................................................................................................................................................................................................................................... 29  Farmer’s Cooperatives ........ 42  Reports................................................................. 29  Electric Cooperatives and Electric Membership Corporations ......................................... 30  THDA ................................................................................................................................................................................................................................................................................................................................................ 42  iii ............................................................................................................. 34  Combined or Continuous Records ....................................................................................................................................................................................................... 30  Other Fees Issues ................................... 38  Military Discharge Records ................................................. 41  Deposits and Bank Accounts .................. 42  Report of State Taxes Collected ............................................. 40  FINANCIAL ACCOUNTING DUTIES ........................................................................................................ 35  Records and Computers ..................... 38  Storage of Military Discharge Records............................................................................................ 37  Other Records Duties ..................................................................... Filing and Indexing ............ 33  Miscellaneous Records ............................................................................................... 30  Notations When Instrument Received .................................................................................Commissions ................................................. 29  Federal Credit Unions ............................................................ 31  Instruments Generally ........................................................... 42  County Reports ...... 30  FHA ........................................................................................................................................................................................... 32  Real Estate Deeds of Title .............................................................................

........................................................................................................................................................................................................................................................................................................................................................................................................................................ 63  BIBLIOGRAPHY ........ 55  Tax Matters ................................. 47  CHAPTER FIVE ...................................................................................................................................................................................... 45  Salary Suits and Letters of Agreement ................................................. 44  DUTIES AND RELATIONSHIPS WITH OTHER OFFICEHOLDERS AND DEPARTMENTS ................ 55  APPENDIX ............................. 57  Duties of Register of Deeds.................................................................CHAPTER FOUR............................................................................................................... 52  Breach of Contract ............................................................................................................... 55  Financial Reporting.................................................................................................................................................... 49  Tennessee Governmental Tort Liability Act ................................................................................................................................................................................................................................................................ 48  LIABILITY PROBLEMS ................................................. 65  iv ................... 52  Official Bonds .............................Budgeting Salary or Pay-over ..................... 49  Liability Limits ........................................................................................................................................................................................................................................................ 52  Personnel Matters ........................................... 52  Personal Liability........................................................................................................................... 45  Interaction with Assessor of Property ............................................................................................................. 46  Interaction with Tennessee Department of Revenue ...................................................................................................... 58  Request For Removal of Military Discharge or Redaction of Social Security Number From a Military Discharge ........................................................................ 53  Insurance............................................................................................................................................. 53  CHAPTER SIX ................................. 51  Worker's Compensation ..................................................................... 55  Local Level ........................ 54  SOURCES OF ASSISTANCE ................................................................................................................................................................................................................................................................................................................................ 45  Interaction with County Mayor/Executive and County Legislative Body ............................................................................. 49  Exceptions........................................................................................... 55  State Level ........................................... 50  Non-Tort Liability .................................... 49  Governmental Immunity ...................... 45  Fee or Non-Fee Office ..................................................................... 51  Other Actions ............................

which should in turn enable you to make better decisions in regard to what fees and taxes are due. State the criteria used in determining whether an instrument should be recorded or filed. A large portion of this course will deal with the nature of the office of Register. The course will conclude with a short. Detail the reasons and basic procedures for removing a Register from office. 4. Cite the conditions under which the Register should accept or refuse to accept an instrument for recording. This course will also introduce you to some of the basic concepts underlying property law so that you may have a better understanding of the functions of the instruments recorded or filed in the Register's office. 10. Distinguish between what information should be placed in the notebook and what information should be placed on the instrument. describe when each is due and how to determine the amount due. 3. 20-question. most of which is determined by the general statutory law. Discuss the state Realty Transfer Tax and “Mortgage” Tax. The issues relating to personnel will not be dealt with in depth in this course as a separate course will be devoted to this important topic. Contrast freehold and leasehold interests in real property.INTRODUCTION OVERVIEW OF COURSE This particular course of the County Officials Certificate Training Program is office specific and is a Category A course. List the types of books and files to be kept and which instruments are to be recorded in each. Discuss the purpose and basic legal effect of the most commonly registered instruments. multiple-choice examination. This course will also deal with matters that the Register should be informed of in order to prevent problems which may result in liability losses to the county or office holder or both. Cite the location of the most basic statute relating to Registers' fees. its primary duties and relationships with other offices and the Register's deputies and assistants. 7. 6. 5. the participant will be able to: 1. 9. Discuss the legal requirements for holding the office of Register. as well as the proper place to record or file the instrument. LEARNING OUTCOMES (BEHAVIORAL OBJECTIVES) As a result of this session on Legal Issues for Registers of Deeds. 1 . 8. 2.

Explain who sets personnel policy for the Register's office. Discuss the Register's role on the County Public Records Commission. 18. Explain when and to whom an official bond is payable. 22. Identify guidelines to be used in the disposition of books and films. 21. 2 . State the requirements regarding official bank accounts and deposit of funds. Explain how the Register's salary is determined. 14.11. 12. Determine when the Tort Liability Act applies and who may be liable for certain types and amounts of damages. Outline the procedure for determining the number and salaries of deputies and assistants. 23. Explain the indexing procedure. 19. 20. 24. Explain who pays the expenses of the office. 15. Cite the information needs of the Assessor of Property. 13. with reference to what information should be placed in the indexes and what indexes to maintain. 17. 16. List the tax reporting requirements of the Department of Revenue. Explain how fees and commissions are used and/or remitted. List resources available to the Register for legal advice.

Its Historical Development Legal Qualifications of the Officeholder Method of Election and Term of Office Bond and Oath Requirements Compensation of the Register Ouster of the Register Vacancy in the Office 3 .C HAPTER ONE DESCRIPTION OF THE OFFICE Nature of the Office.

since the state constitution does not define qualifications for the office of Register. The Register must also reside in the county during the term of office or vacate the office. Therefore. § 8-18-101. is essentially a limiting instrument which restricts the discretion of the Legislature. The office was provided for in the colony's first fundamental law. Section 1 of the TENNESSEE CONSTITUTION requires each county to elect a Register for a term of four years. the person elected must be eighteen (18) years of age upon taking office. The Legislature has chosen not to place any requirements regarding education or experience upon the person holding the office of Register.A. This basic function. Any person. who is a citizen of the United States and of Tennessee. like all state constitutions. The 1978 amendments to the TENNESSEE CONSTITUTION retained the four-year term for the Register. § 8-13-104. TENNESSEE'S CONSTITUTION does not specify any duties for the office of Register.C. However. T. The TENNESSEE CONSTITUTION. The Register was to serve during good behavior. The Legislature may pass any law which does not violate the state or federal constitution. The Register's office in Carolina continued under the colony's “FUNDAMENTAL CONSTITUTION” of 1715.DESCRIPTION OF THE OFFICE NATURE OF THE OFFICE. ITS HISTORICAL DEVELOPMENT The office of Register in Tennessee can be traced back to the period when this region was part of the English colony of Carolina. The duties of the Register first centered on registering or recording.A. over the years. The term of office was indefinite and the Register was to serve “during good behavior. TENNESSEE'S CONSTITUTION of 1870 retained the office of Register and continued the term of office at four years. Also. the first constitution included a provision for a Register to be elected by the county court in every county.” The TENNESSEE CONSTITUTION of 1835 provided for the popular election of the Register for a term of four years. 4 . The governor then appointed one of these three small landowners to be the Register. may be elected to the office of Register. As will be demonstrated. T. remains a vital one. The qualified voters elected three freeholders who became candidates for the office. When Tennessee became a state in 1796. A copy of this important statute is reproduced in the Appendix. known as the “Concessions and Agreements” of 1665. particularly those conveying title to land. The Register's general duties have always been to record various types of legal instruments and transactions. Therefore. by transcription. many of the basic duties of the office are listed in Tennessee Code Annotated. other types of instruments have been added to those eligible for registration. LEGAL QUALIFICATIONS OF THE OFFICEHOLDER Article 7. many other statutes must be referred to in order to complete the list of duties that the Register must perform in today's office. this task is one for the Legislature. who is not otherwise disqualified from holding public office.C. the Legislature is free to determine the duties of the Register by statute and has done so. Today. in regard to land titles. reflecting the trend of the Jacksonian era. Section 8-13108. This office was patterned along the English model. deeds to real property.

first giving bond. Article 7. recorded in the office of the county register of deeds.A. (3) to keep all records required by law.. at the next session after the delivery of the same. and transmitted to the comptroller of the treasury for safekeeping. § 8-13-104. The bond shall be prepared in accordance with the provisions of chapter 19 of this title. BOND AND OATH REQUIREMENTS Before entering into the duties of the office. prior to the time such register is inducted and sworn into office. 8-19-301. T.000 and $25. and property of the office. Failure to give bond within thirty (30) days after election causes a vacancy in the office. and (5) not to do anything that is illegal.A. not the office-holder. The governing body [i. (2) to pay over to authorized persons all funds received in an official capacity. and an oath of office. This official bond constitutes a written promise made by the Register (1) to perform all of the duties of the office. § 8-13-103.C. the register shall be entitled to enter upon the discharge of the duties of the office. legislative body or Board of County Commissioners or Metropolitan Council] of any county.e. An official bond is an instrument which requires the party or parties designated as sureties to pay up to a specified amount of money if the officeholder fails to perform certain acts or performs wrongful and injurious acts under the color of office. Sections 1 and 5.C. Upon receiving proper certification of election.C. or harmful while acting in an official capacity. Any person who is injured by the failure of the Register to keep this promise may collect from the official's sureties. the Register serves a term of office which begins on September 1 of the year of election and continues for four years or until a vacancy occurs or a successor is elected and qualified to take over the responsibilities of the office. §§ 8-19-111. These actions are vital. approved by the legislative body. § 8-13-101. improper. The bond is payable to the state of Tennessee and conditioned on the “true and faithful discharge of the duties of the office. and taking the oath of office. money. T. The bond is to protect the state and county.C. the newly elected Register must first meet certain bond requirements and take an oath of office.A. Tennessee Code Annotated.” T. (b) The bond is in the amount of $15. 5 . approved by the county legislative body.A.000 in all other counties unless the county legislative body sets a greater amount.METHOD OF ELECTION AND TERM OF OFFICE The office of Register is filled by popular vote of the qualified voters of the county at a regular August general election. TENNESSEE CONSTITUTION. (4) to turn over to the successor all records. T.000 in counties with a population under 15. by a two-thirds (2/3) vote shall elect whether or not the county register of the county shall make a surety bond or a bond with two (2) or more good sureties. and taking the oath to support the constitution of the state and of the United States. Section 8-13-102 states: (a) Upon producing the certificate of his election to the county legislative body. being bonded as specified in the next subsection.

The official bond of county officials. §§ 8-19-102. county trustees and clerks of court as Ageneral officers. Blank copies of official bonds are available from the Comptroller of the Treasury. However.C. 8-13-108. as well as retired General Sessions judges. The Register is strongly urged to use only these approved forms. T. T. §§ 8-19-104. If the 6 . County Mayor/Executive. § 8-19-106. However.A. the County Clerk. T. § 8-18-110. classifies counties according to population and sets the minimum salary payable to Registers and certain other county officials in each population class. 8-18-109. A. and which I am about to assume. The Register maintains a special record book for the official bonds of county officials in counties without a continuous recording system. Tennessee Code Annotated. COMPENSATION OF THE REGISTER The Legislature sets the minimum compensation of the Register according to county population classes. The Register must take an oath of office which actually includes two oaths: a statutory fidelity oath and an oath to support the constitutions of the United States and the State of Tennessee. and filed with the County Clerk.C.C. T.C.A.C.A. § § 8-18-107. § 8-13-104 states that the bond for the Register must be given within thirty (30) days of the election. presents the bond to the Register for recording and then sends the original bond to the Comptroller's office. Some counties may use so-called blanket bonds for all of the county officeholders. I do solemnly swear to support the constitutions of Tennessee and the United States and to faithfully perform the duties of the office of Register for County.The official bond form is prescribed by the Comptroller of the Treasury and the form is approved by the Attorney General. The following is a sample oath for the Register: I do solemnly swear that I will perform with fidelity the duties of the office to which I have been elected. but the Register does not take office until the term begins.A. Generally. Also. This statute classifies Registers with county clerks. a judge of a court of record.A. § 8-19-101.A. T. and filed. The official bond of the Register and other county officials is recorded in the office of the Register. T. 8-19-115.” The county legislative body determines the salary of these general officers each year in an amount equal to or greater than the statutory minimum. or a General Sessions Judge.C.C. The oath of office may be taken by the Register at any time after the certification of election results. retired judges and retired chancellors of courts of record.A. A. acting as the agent of the county legislative body. § 8-19-103. is required to be filed in the office of the Comptroller within forty (40) days after the election of the Register or within twenty (20) days after the term of the office legally begins. Section 8-24-102. including any blanket bond. The oath of office may be administered by the County Clerk. may administer the oath of office to the Register. C. § 8-13-102. T. rider or attachment for the Register. Office of State and Local Finance. C. The county pays the premiums for official bonds and registration fees for the bonds. approved. The oath must be subscribed in writing with the day and year of filing endorsed. the individual officeholder is ultimately responsible for securing his or her bond and should take steps to ensure that the bond is properly executed. T. T. Tennessee.

Two systems of dealing with the fees and commissions of the office of Register and certain other county offices have been established by the Legislature. This alternative system may be adopted by resolution of the county legislative body.county legislative body takes no action. This cap on the annual increase in the minimum salary schedule does not limit the authority of the county legislative body to provide a salary for Registers and other county officers above the minimum level. and all expenses of the office are paid from the county general fund and the Register is entitled to his or her salary regardless of the amount of fees received. on his or her own initiative. the Register must remit all fees to the county trustee monthly. OUSTER OF THE REGISTER The Register and other county officials may be ousted (removed) from office for any one of the following reasons: 1. 5. The Attorney General. 4. These general officers must be paid the same amount each year.C. 2. institute ouster proceedings. the Register pays his or her salary and the expenses of the office. If the county legislative body wishes to take action to pay officials in excess of the statutory minimum compensation levels.A. If the total fees collected do not generate enough funds to pay the Register's salary. Under the alternative system of funding and administration. Each July 1. the minimum salary schedule of the Register and other county general officers will be increased by a dollar amount equal to the average annualized general percentage increase in state employee=s compensation during the prior fiscal year applied to the county with the median population for all counties. then the county must provide enough funding so that the Register will receive the full salary. § 8-47-101. T.C. The Register is entitled to the minimum statutory salary or such greater amount set by the county legislative body for general officers of the county regardless of the other expenses.000 minus any state educational incentive paid to officials (and employees) who have received a certificate as a certified public administrator under the County Officials Certificate Training Program. action. The Register cannot receive more than the set salary and excess fees are remitted quarterly to the county general fund under the oldest system.C. 3. subject to a five percent (5%) cap on the increase in any one fiscal year. Willful misconduct in office Willful neglect in the performance of the duties of the office Voluntary. An ouster proceeding is a civil. § 5-1-310.A. Under the oldest system. District Attorney General or County Attorney may. from the fee account of the office. T. not a criminal.A. including the salaries of the deputies and any other personnel. T. then the salary for the general officers is the statutory minimum amount. These attorneys are obligated to investigate written complaints of misconduct in their 7 . except for an educational incentive payment which the county legislative body may pay in an annual amount up to $3. this must be done through a resolution which is scheduled to appear on the posted agenda for the county legislative body meeting. public intoxication Illegal gambling Committing a crime involving moral turpitude. § 8-22-104.

Such an appeal will not operate to suspend or vacate the trial court's judgment or decree.C. criminal convictions relating to official conduct may result in removal from office. The actions are brought in the circuit. T.C. § 39-16-402 constitutes a Class E felony. without the concurrence of any of the attorneys named earlier. T. § 12-4-102. Upon the filing of an ouster petition. such as refraining from performing a duty.C. by ten (10) or more citizens and freeholders of the county. T. Under the criminal code.A. the official will be dismissed from office and will be ineligible to hold the same or a similar office for ten (10) years. By the incumbent's ceasing to be a resident of the state. T.A. VACANCY IN THE OFFICE Tennessee Code Annotated. § 12-4-101.C. 8 . district. upon the petitioners giving usual security for costs. T.C. § 8-47-123. § 8-47-107. A vacancy is created by this action.C. and the vacancy is filled according to law and the appointee serves until the accused official is exonerated of the charge or until a successor to the office is elected.A.A. § 8-47-122. pending a final hearing. T. revised or modified by the Supreme Court. official misconduct as defined in T. A public servant with a specified term (such as the Register) who is convicted of official misconduct will be removed from office and barred from holding public office for ten (10) years from the date the conviction becomes final. The Attorney General or District Attorney General or County Attorney is obligated to assist such freeholders. with the intent to obtain a benefit or to harm another.A. which remains in force until vacated. T. T. upon conviction for violation of the basic conflict of interest statute. T. By resignation.A. § 8-48-101 provides that any elective office in Tennessee may become vacant through the following circumstances: (1) (2) (3) (4) By death of the incumbent.A. § 39-16-406. declaring the election or appointment void or the office vacant. Although not “ouster” suits.A. Either party may appeal to the Tennessee Supreme Court.C.C. T. Further. An unsuccessful official will be removed from office and have the full costs of the suit adjudged against him or her. § 8-47-121.A. or criminal court of the county wherein the official holds office. § 8-47-110. upon their request.A. § 8-47-103.C. in the prosecution of such proceedings. An official who successfully defends an ouster suit will be restored to office and will receive the salary and fees of the office during the time of suspension and will be allowed the full costs of the suit.jurisdictions and to institute proceedings if a reasonable cause for the complaint is found. § 8-47-116. the judge may suspend the accused official from performing any of the duties of the office. when permitted by law. circuit.A. A petition or complaint for ouster may be filed.C. By decision of a competent tribunal. chancery. or county for which the incumbent was elected or appointed. Official misconduct may occur when the public servant commits an offense.C.

resignation or removal of the incumbent.C. can carry out the duties of the office until an appointment to fill the vacancy on a temporary basis is made by the county legislative body. serves until a successor is elected at the next general election in the county and is qualified according to law. where it is not fixed by the CONSTITUTION. (This does not apply to the Register because the four year term of the Register is fixed in Article 7. § 5-1-104. T. By sentencing of the incumbent. Section 1. a vacancy exists upon the ouster of the official as noted earlier.C. by any competent tribunal in this or any other state. provided that the candidates have sufficient time to qualify for the office as provided in T. § 8-13-105. § 2-14-106.A. Also. subject to restoration if the judgment is reversed. in the event of the death. § 8-13-104.(5) By act of the General Assembly abridging the term of office. T. failure of the Register to give bond will cause a vacancy.C.A. Any person. the Metropolitan Council). to the penitentiary. of the TENNESSEE CONSTITUTION). By due adjudication of the incumbent's insanity.C.A. so appointed. 9 . T.A. A vacancy in the office of Register is temporarily filled by the county legislative body (also known as the Board of County Commissioners or in the case of a county with metropolitan form of government. (6) (7) Further. but not if the incumbent is pardoned. The Register may appoint a deputy who.

Filing. and Indexing Notice of Child Support Liens Other Records Duties 10 .C HAPTER TWO BASIC DUTIES OF THE REGISTER Instruments to be Recorded or Filed Requirements for Acceptance of Instruments Proper Fees for Recording or Filing Collection of the State Taxes Notations When Instrument Received Recording.

” such as an easement to a water company to run a pipe line under the surface and along a certain path. mineral or subsurface rights to a coal 11 . although many mortgage companies pay this and recoup this by payments from the equitable owner. which is a transfer of interests for the duration of the life of someone alive at the time of the conveyance. Most are perpetual. Some instruments received also deal with a person's legal status with regard to other persons or legal entities. Going back to our analogy. “Legal” interests refer to formal legal title and are commonly conveyed to someone who holds this interest “in trust” for the benefit of lenders of money. by instruments known as deeds of trust which is the usual method in Tennessee of establishing a mortgage. such as movement over the land. A person may convey all or part of what he or she owns by deed. which is a right to use the land for a certain purpose. The holder of the legal interest. cannot take possession of the land unless there is default on the loan and unless the terms of the deed of trust allow the trustee to sell the property and to use the proceeds to satisfy the lender. The owner of the fee can convey interests and still be considered the owner of the fee. or the entire bundle. The person or group of persons. that is. two or three sticks. Interests in real property are usually conveyed. the right of government to take the property for a public purpose for just compensation (power of eminent domain). subject only to the requirements of government such as taxes which can encumber the property. The transfer of a leasehold interest is by an instrument referred to as a lease agreement or contract.BASIC DUTIES OF THE REGISTER INSTRUMENTS TO BE RECORDED OR FILED Most of the instruments recorded or filed in the Register's office relate to determining interests or rights in either real or personal property. An example of this is an easement. The interest which does not constitute a form of “ownership” but represents a possessory interest for a fixed period of time is a leasehold interest. Even within freehold estates alone.” but he or she may have conveyed many other “sticks. The person conveying the “legal” interest retains the “equitable” interest (an interest a court doing equity will enforce) and is generally considered the “owner” of the property and must pay taxes as the owner. Ownership interests or estates in land may be thought of as a bundle of sticks. as in the case of the life estate. or legal entity such as a corporation. This type of ownership involves complete control of the land. and land use restrictions in the form of zoning and the prohibition against creating a public nuisance. such as banks and savings and loan associations. but need not be. there exists the major division possibility between so-called “legal” and “equitable” interests. A deed may convey one stick. The person who has the ownership interest in the future after the expiration of the life estate has a remainder interest. of course. Another example is mineral interests. The interests which can be conveyed by deed are known as freehold interests because they do not end at a certain time. which owns a full bundle of all the “sticks” (all that it is possible to own under our law) has what is known as a fee simple absolute estate in the real property. the “owner” of real property may have the most “sticks. ownership interests are transferred. Legal Theory Supporting Instruments Affecting Interests in Real Property Bundle Of Rights Theory. by instruments known as deeds.

This is an instrument taking the place of and serving the uses of a common law mortgage. Deed of Correction. Affidavits of Scrivener’s Error And Other Affidavits Helping Identify Title To Land. An installment deed provides for the conveyance of equitable interests with the equitable owner paying the consideration in installments. Appointment of a Substitute Trustee.A. The assumption agreement usually appears in a deed and is registered with it. § 66-24-117 to see how to treat master forms of mortgages or deeds of trust.C. An affidavit of affixation is filed where a party who has legal ownership of both real property and a manufactured home(s) on the parcel states that the manufactured home has become affixed to the real property. Pursuant to T.A. An appointment of a substitute trustee is an instrument which designates a person as a successor to the trustee originally named in a deed of trust. but occasionally it is prepared as a separate document. affidavits of affixation are to be filed with the Register as separate documents. T. A bond to discharge a lien is really a bond to indemnify against a mechanic’s or materialmen=s lien claim which operates as a discharge of the lien. Most of these types of transfers of interest are evidenced by some form of deed. The affiant in the case of any affidavit of scrivener's error may attach a document. Court Decrees.A. An assumption agreement is an instrument whereby the maker assumes the mortgage (the obligation to pay the loan evidenced by the original note and deed of trust) and becomes personally liable for its payment. by which the legal title to realty is placed in one or more trustees. Installment Deed. to secure the repayment of a sum of money or the performance of other conditions. Examples are: (1) memoranda of judgments. § 55-3-138. These corrections may be made by the parties in interest or by judicial order. (2) certified copies of decrees divesting title to land from one person and vesting it in another. and the “legal” interest to a trustee for the benefit of a bank to secure a loan.C. including a document previously recorded with corrections made by the affiant. with conveyance of full legal 12 .company. Various types of court decrees or orders may be registered which affect title or interests in real estate. See T. Deed of Trust. Identification and Purpose of Most Common Instruments Relating to Real Property Affidavits of Affixation. The bond is conditioned upon the obligor satisfying any judgment that may be rendered in favor of the person asserting the lien. this instrument is used to correct errors made in an original deed. Bond to Discharge Lien.C. Assignment of a Deed of Trust. These are affidavits filed to correct drafting errors in instruments or to clarify the identity of title holders to land. Assumption Agreements. (3) certified copies of petitions in bankruptcy and decrees of adjudication. As the name implies. § 66-24-101(a)(27). An assignment of a deed of trust is the transfer of the rights of the lender or mortgagee to another person or institution. with the affidavit.

§ 66-5-108. or minerals to secure the payment of labor or materials furnished to the lessee. the seller (grantor) is in a position similar to the beneficiary under a deed of trust. a Certificate of Fitness may be filed for recording.A.C. A statement of claim is an instrument filed in the Register's office by a mineral interest owner to preserve that person's claim to an abandoned mineral interest. such as tax liens. and the law enforcement agency that issued the quarantine is the grantor. or minerals for a certain consideration. Declaration of Interest. laborers) and materialmen's liens.C. T. The land is taken for a public use without the landowner's consent but with compensation to be awarded according to law. mechanic’s (e. Order Sustaining Petition For Condemnation Of Property.g. When the property is deemed safe for human use by an industrial hygienist. It constitutes an encumbrance on the real estate. Statement of Claim. Partition Deed.C. An instrument that provides that a party agrees not to take any action regarding any interest in real property. Until the payments are complete. Liens (Generally). § 675-2502. Two (2) types of instruments relate to mineral claims. such as a pledge not to mortgage or encumber or transfer certain real property. The signature of a law enforcement official shall be accepted in lieu of acknowledgment.A. Notice of Meth Lab Quarantine / Certificate of Fitness. Oil. or mineral lease is a contract conveying a leasehold interest in real property for a specified period to allow the lessee to explore for and remove oil. The owner of the real property is deemed the grantor and the agency giving notice is deemed the grantee on this notice. Gas or Mineral Lease. A partition deed is a conveyance between two or more property holders by which they divide property they hold in common among themselves or as joint tenants each taking a distinct part. A notice of meth lab quarantine is a notice filed by a law enforcement official identifying real property where methamphetamine has been manufactured. oil. Instruments Relating To Mineral Claims. and fees shall be collected for recording it. The owner of the real property is deemed the grantee. 13 .title occurring upon completion of the payments. § 68-212-507. A declaration of interest is an instrument filed in the Register's office by a surface owner to claim an abandoned mineral interest.. T.A. Negative Pledge. liens created against a leasehold of gas. A lien is a claim made on certain real estate to serve as security for a debt. An oil. A lien may be voluntarily granted or may arise by operation of law. gas. T. gas. No fees shall be collected by the Register for recording the quarantine notice. This certificate must be acknowledged. This instrument evidences the transfer of private real property to a government or governmental instrumentality by the government's exercise of the power of eminent domain. Various types of liens exist.

Such an instrument may convey what is described. but these agreements may be created in a separate instrument. but does not obtain legal title until the deed is actually delivered. Real Estate Contract. This subject will be dealt with further in the later section on the state taxes. These deeds have historically been used to clear up title disputes and to convey supposed interest where title is unclear. whence it becomes personal property. The quitclaim deed does not guarantee title. Timber is considered to be a part of the real estate until cut and removed from the land. may be registered 14 . lots may be conveyed by reference to the plat's lot number instead of by more particular metes and bounds descriptions. Copies of probated wills. A timber deed is a conveyance of living trees upon certain described land. A restrictive covenant is an agreement between grantor and grantee restricting or regulating the use of the real property or the location. Wills are probated (proved) and are of record in the office of the probate court clerk (usually clerk and master. whether it is the conveyance of a fee simple or a life estate. Timber Deed.NOTE: Property may be held in common where each person owns a fraction or share. Once a properly approved plat is registered. Plat. This is not an option contract because the rights and duties of the parties have become fixed. sometimes county clerk). kind or character of buildings or structures which may be erected. and as tenants by the entirety which is a joint tenancy with right of survivorship among married couples. or it may not. A warranty deed is the most common form of conveyance of a freehold interest. certified by the clerk of the court where probated. but in recent years. Restrictive covenants are usually incorporated in a deed. A quitclaim deed is a conveyance by the grantor to the grantee of whatever interest. to bear the expense of defending the title in court. it has been used in lieu of a warranty deed to try to avoid the state real estate transfer tax. The restrictive covenant generally binds the grantee's successors in title. This instrument is called a warranty deed because the grantor warrants or guarantees to the grantee that the grantor is the lawful holder of the interest or interests which are conveyed and is obligated to defend the title. depending on the status of the grantor's title in the property. which is to say. A will is an instrument effective upon the death of a testator (maker of the will) wherein the testator transfers his or her property. Title to real estate may be devised (transferred) by will in Tennessee. as joint tenants where the interests are undivided and the surviving tenant has a right to the interest of the other joint tenant in the property. A real estate contract is an agreement between the seller (grantor) and buyer (grantee) for the seller to convey certain described real estate for a certain consideration. in this state or another state. Warranty Deed. Wills. and other information relevant to the future use of the land. A plat is a map or survey of land showing the division of land into parcels or lots and delineating streets. title or claim the grantor has in the property described in the deed. The buyer obtains an equitable interest in the real estate through the contract. utility easements. Restrictive Covenant. Quitclaim Deed.

When personal property. bulk transfers.these should be filed with the Secretary of State. The Register's office is impacted by the requirements of Article 9 of the UCC dealing with secured transactions.A. or other minerals that are subject to a security interest that is created by a debtor having an interest in the minerals before extraction and attaches to the minerals as extracted. usually are not registered. is of a transmitting utility -. and secured transactions will be as similar as possible across the nation in order to facilitate commerce.C. letters of credit. gas. § 66-24101(a)(1) & (5). including personal property affixed to real estate. Uniform Commercial Code Records. commercial paper. Part 5 dealing with filing.) All agreements for the conveyance of real or personal property are eligible for registration. Wills devising land in Tennessee or certified copies thereof may be recorded only if duly admitted to probate in Tennessee and the will is presented for recording together with copies of related probate orders. such as bills of sale or simple contracts of sale of personal property.A.in the county where the land lies as a muniment (evidence of title) T.C. and more particularly. § 32-5-109. including fixtures. Instruments Affecting Interests in Personal Property Instruments evidencing ownership interests in personal property. T. Fixture filings B initial financing statements where the collateral is goods that are or are to become fixtures (goods that have become so related to particular real property that an interest in them arises under real property law). 15 . the Chapter (Article) 9 framework involves the filing of documents to provide notice of liens on personal property and fixtures. or accounts arising out of the sale at the wellhead or minehead of oil. but may be registered. “as extracted” collateral means oil. Tennessee Code Annotated. Basically. except where the filing=s collateral. is used as security for debt. gas.C. (See T. (2) (3) Initial financing statements with timber to be cut as collateral. Initial financing statements that are filed in Tennessee should be filed with the Secretary of State except the following which should be filed with the Register of Deeds: (1) Initial financing statements with “as extracted” collateral.A. so that the law governing commercial transactions such as the law of sales. T. The UCC is a body of statutory law based on a model code which has been adopted by almost all of the states of the Union.A. Not all UCC Article 9 records are filed with the Register. the Uniform Commercial Code (UCC) usually governs the transaction.C. § 66-24-101 for a listing of most instruments eligible for registration. bank deposits and collection. or other minerals in which the debtor had an interest before extraction. with minor variations from state to state. Most are filed with the Secretary of State. § 66-24-101(a)(16). The Tennessee version of Article 9 is found in Chapter 9 of Title 47.

Initial Financing Statement. The initial financing statement may state that the document is to be recorded in the real estate records. An amendment whereby a secured party ceases to have a lien on certain “released” collateral. indicates that it is a correction statement and provides the basis for the person=s belief that the earlier filed record is inaccurate and indicates the manner in which the person believes the record should be amended to cure any inaccuracy or the basis for the person=s belief that the earlier record should not have been filed. and termination statement as well as the former amendment function. or that it is filed to continue the effectiveness of. The Register should not advise the customer regarding the proper place to file a UCC record. sewers. At a minimum. An amendment to the initial financing statement which identifies. pipelines. includes the formerly separate assignment. electromagnetically or by light). T. Release.A. A summary or abstract of a security agreement that contains information designed to place the public on notice concerning the basic facts of the security interest that has been created. An amendment must contain the file number of the initial financing statement that is being amended. § 47-9-102(27). The revised 16 . continuation statement. A separate amendment with an assignment must contain the file number of the initial financing statement. 47-9-102. Some financing statements formerly filed in Tennessee should be filed in another state under the new law. the initial financing statement to which it relates and indicates that it is a continuation statement for. §§ 47-9-501. A record which identifies the record to which it relates by file number assigned to the initial financing statement. release. transmitting communications (whether electrically. by its file number. An initial financing statement may also include an assignment of the security interest to a new secured party. § 47-9-518. T. This was a separate instrument under the former UCC.A. An amendment to the initial financing statement or a component of an initial financing statement that transfers a security interest to a new secured party. T. Continuation Statement. but may suggest that the customer should consult with his attorney to determine the proper place to file to perfect the security interest.C. Identification and Purpose of UCC Instruments (Records) Amendment.A “transmitting utility” includes railways. Correction Statement. the identified financing statement. Assignment.C. it identifies the debtor and secured party and the collateral subject to the security agreement. This record is a record or records composed of an initial financing statement and any filed record relating to the initial financing statement.A. Financing Statement. A record which modifies a filed financing statement.C.

an instrument may or may not be legally sufficient. Security Agreement. durable powers of attorney for health care allow the maker to grant to another party the power to make certain decisions regarding health care for the maker. The amendment deleting collateral from that given in the initial financing statement must contain the file number of the initial financing statement. Also. Although the statutory law places certain duties upon a Register to determine whether an instrument is acceptable for registration.04).C. § 47-9-102(73). The term Arelease@ is not a part of the vocabulary of the revised UCC law. Powers Of Attorney. the initial financing statement to which it relates.A. by its file number. T. The security agreement is the basic instrument which creates or provides for a security interest and establishes the terms of the secured transaction. REQUIREMENTS FOR ACCEPTANCE OF INSTRUMENTS Depending upon the skill and care of the draftsperson. § 9-2-109) to file with the Register reports on the revenue collected by the Clerk. a deed must have upon it a reference to the last recorded instrument relating to the 17 . Powers of attorney are instruments whereby the maker grants to another party or parties the authority to act for the maker with regard to some or all of the maker's property and to exercise some or all of the maker's legal rights.C. Other Documents. and the Register records such copies. For example. Under the Rules of Civil Procedure (Rule 27. § 819-103.A. § 47-9-102(79). a deposition to perpetuate testimony is filed with the clerk of the court in which the action is pending or in which the petition was filed.A.A.C.UCC law provides for the deletion of collateral on the amendment form. The Register's office receives for registration documents which have legal significance other than the ones already mentioned affecting real or personal property. and indicates either that it is a termination statement or that the identified financing statement is no longer effective. Termination Statements. T. The following is a short description of some of the other instruments that the Register is likely to encounter. A termination statement is an amendment of a financing statement which identifies. Powers of attorney may be revoked by the maker in a later document. an instrument may or may not accomplish what it is intended to do. A copy of the deposition may also be sent to the Register in the county where the petition was filed. T. In other words. this is not a determination of legal sufficiency. Officials’ Bonds. These bonds are recorded in the Register's office. The various county officials are required to obtain bonds payable to the state or county which protect the state or county against loss of funds handled by these officials. This is often a long and detailed legal instrument and usually is not filed with either the Register or the Secretary of State. The clerks of the various courts operating in the county are required by statute (T. Depositions. Revenue Reports.C.

Real Property Related Instruments Legibility / Language. the type of document or instrument. the name of the person or persons authenticating or acknowledging the signature of the grantor. in the opinion of the Register. Authentication/Acknowledgment. even if not recorded. a deed may meet all of the requirements for acceptance and yet contain defects in draftsmanship which would make the deed functionally inoperative. to authenticate an instrument or document for registration or recording in the office of the county register. and all other information or recitals required by law for registration. but not UCC records or corporate charters and certificates of limited partnership) if such writing. a description of the real property. But. but must determine whether or not it is acceptable for registration. if any. The original writing and the affidavit shall be treated as one instrument. is illegible or cannot be legibly reproduced. being affected. § 66-22-101 was amended in 2004 to clearly 18 . Section 66-22-101 states: Unless otherwise provided by law. The county register may refuse to record any instrument or document not authenticated in accordance with this section. The Register should not try to determine the legal sufficiency of an instrument. the maker or the natural person acting on behalf of the maker shall execute the instrument or document by that person's original signature and such signature shall be either acknowledged according to law or proved by at least two (2) subscribing witnesses. and their title.property referred to in the deed before the Register may record the deed. [T.A. the date of execution.C. unless the person seeking to register the writing attaches to the document for recording an affidavit providing the following: (1) (2) (3) (4) (5) (6) (7) a statement that the writing is the best available original. The Register may refuse to register any writing listed in 66-24101(a) (which includes documents relating to real property and some other documents. Tennessee Code Annotated. Conversely. The Register may also refuse to register any writing eligible to be recorded if the writing or a substantial portion of it is written in a language other than English unless the person seeking to register it attaches an affidavit which gives a complete translation of the writing into English. the deed may be effective between the parties to convey the legal and equitable title. This affidavit must be recorded with the original writing. the grantor(s) and grantee(s). if any.

C.2d 708 (Tenn. McDonnel v. § 66-24-117. Copus v. then it shall be recited that the grantor took title by inheritance and the last recorded instrument conveying the equitable interest shall be named with the office.A. Name And Address of an Owner and Taxpayer.A. will. § 66-22-103 requiring special certification of the taker of the acknowledgment in some instances. The Register may not register any instrument affecting interests in real property. § 66-22-102. However. 566 S. but resides within the Union or its territories.W.2d 429 (1942). the name and address of a property owner and the name and address of the person or entity responsible for the payment of the real property taxes. The Register is prohibited from recording a deed of conveyance of real property. If a person executing an instrument is not a resident of this state.C.A. except releases of liens. Also. Chattanooga Lumber & Coal Corp.C. the instrument must be acknowledged by the procedure found in T. 162 Tenn. 266. The persons who are eligible to take acknowledgments are listed in T.2d 82 (1957). court decree or other source from which the grantor received the equitable interest. If no such preceding instrument has been recorded. § 66-24-101 as being eligible for registration can be recorded. T. If the source of equitable interest is a deed or other instrument recorded in the Register's office or a will or court decree of record in the county. the Tennessee Supreme Court has also held that notices of federal tax liens need not be acknowledged or witnessed as required by the Tennessee statutes. T. Any certificate clearly evidencing intent to authenticate.A. T.A.authorize the Register to refuse to register documents not signed or authenticated according to statute. Master forms for a mortgage or deed of trust do not need to be acknowledged to be eligible for recording.C. § 66-24-114. this must be recited on the instrument. 601 S. or a Notary Public of some county in this state. the type of instrument. 1978).C. Clerks and Masters of chancery courts. United States. The Register is not eligible to take an acknowledgment. 506. §§ 66-22-103 and -104 to take acknowledgments in others states. Amo. v.C. 304 S. or foreign country in which the acknowledgment is taken. If the source of equitable title is inheritance under the laws of intestate succession. § 66-22-115 provides that the form of a certificate of acknowledgment used by a person whose authority is recognized under T. No specific form or wording is required. 36. § 66-22-114.A. Watson. Howard v.C. 106 S.C. Henderson v.W. Tidwell. unless the instrument contains a recital designating the deed.A.2d 212 (1931). App. S.W. Phillips. unless there is included on the instrument. or the certificate is in the form prescribed by the laws or regulations applicable in the other state. acknowledge or verify a document constitutes a valid certificate of acknowledgment.W. book and page number of such instrument shall be recited on the instrument offered for registration.2d 521 (Tenn. except for a deed of trust or mortgage. Reference to Previously Registered Instruments. office.W. T. territory.A. they are County Clerks or legally appointed deputy County Clerks.] The courts in Tennessee have held that before a writing listed in T. 25 Tenn. it must be acknowledged. book and page number where such instrument is recorded. territories or countries. the Register may not record an instrument releasing 19 . 1980). as federal law controls the practice. 202 Tenn. shall be accepted in Tennessee if the certificate is in a form prescribed by the laws or regulations of Tennessee.

Tennessee law allows records that have to be created or retained to be kept in electronic format. book and page number of the instrument which created the lien being released. Uniform Commercial Code (UCC) records do not have to be acknowledged in order to be filed in the Register's office. Name and Address of Preparer.C. § 66-§24-122. T. if the deed or other instrument from which the grantor received the equitable interest is received by the Register simultaneously with the instrument upon which the recital is required. in lieu of the original electronic format record. then the preparer is required to leave blanks in the recital for the book and page number or other appropriate reference and the Register is then obligated to enter the appropriate reference after the deed or other instrument has been recorded. is eligible for registration without the name and address of the person or governmental agency which prepared the instrument appearing on the face of the first page of the instrument.A.A. §§ 47-10101 through 47-10-123) or other provision of law.C. but not including a deed of trust or mortgage. the preparer of the instrument is required to enter this information. § 67-4-409. With some exceptions. The state transfer and so-called “mortgage” tax will be discussed in some detail in a later section. § 66-24-101(d)). except for Uniform Commercial Code instruments (including fixture filings). However.A. T. must also have the name and address of the preparer. the Register must receive these taxes before the offered instrument is registered. may be registered. including durable powers of attorney for health care. Under this exception. No deed or other instrument transferring ownership of real property.A.C. may be recorded unless it shall contain the parcel identification number assigned by the county assessor of property or a sworn affidavit that such information was requested from the assessor and was not furnished promptly. § 66-24-110. office. § 66-24-115. Specific Rules for UCC Records. When either the state tax on the transfer of freehold interests in real property or the state tax on the recording of instruments evidencing an indebtedness is due. Electronic Records. certain instruments are exempt from either the transfer tax or the tax on instruments evidencing an indebtedness. T. The original electronic record must have been created or retained in accordance with the Electronic Transactions Act (T.A. In most cases. Payment of Transfer or Mortgage Tax. A licensed attorney or other custodian of the record must certify that the copy is a true and accurate copy of the original electronic record and the signature of the attorney or custodian must be notarized. However. The certification of electronic document shall be notarized and shall substantially follow the form prescribed in statute (T.C. T. must be 20 . The Register may specify whether the copy to be registered shall be in paper or electronic form.a lien on real property unless it contains a recital designating the type of instrument.A. Powers of attorney. a copy of such writing. If such a record created or retained in electronic format is a writing eligible to be recorded. there is an exception to the general rule that the preparer must complete a recital referencing the deed or other recorded instrument wherein the grantor of an instrument received the equitable interest in the real estate. Parcel Identification Number. However. the state tax on the filing or recording of instruments evidencing an indebtedness (Amortgage@ tax). No instrument.C. by which title to real or personal property passes or any interest therein passes or is encumbered. if due.C.

The record does not contain. either on its face or in an accompanying sworn statement. T. d. T. the record does not provide a name and mailing address for the secured party of record. (4) In the case of an initial financing statement or an amendment that adds a secured party.paid before the Register accepts the instrument. In the case of a continuation statement. a name for the debtor is not provided. Where the debtor=s name is given in the initial financing statement or an amendment as an individual and the debtor=s last name given in the record offered does not identify the debtor. § 47-9-516 lists the reasons a Register may refuse to accept and file or record a UCC record: (1) (2) (3) The record is not communicated by a method or medium of communication authorized by the Register. 21 (5) (6) (7) (8) . if any.C. the record does not identify the initial financing statement or identifies an initial financing statement whose effectiveness has lapsed. the record does not provide a name and mailing address of the assignee. The Register's fee must also be paid before the UCC instrument is accepted. In the case of an initial financing statement or an amendment that provides a name of a debtor which was not previously provided in the financing statement. In the case of an assignment reflected in an initial financing statement or an amendment.A. The amount tendered is not equal to or greater than the sum of the filing fee plus recording tax (Amortgage@ tax) on indebtedness. the record is not filed within the 6 month period. the record does not provide a mailing address for the debtor or indicate whether the debtor is an individual or an organization.C. the language required under the Amortgage@ tax law. the record does not provide the name of the debtor and a sufficient description of the real property to which it relates (we would advise you to accept the filing if any attempt to describe the property is made). The Register is unable to index the record because: a. c.A. In the case of an initial financing statement. b. In the case of an amendment or correction statement. In a fixture filing. § 67-4-409.

Also.A. T. etc.A. or other divisions requiring new street or utility construction. the Register cannot file for record or record a plat of a subdivision as defined in T.) must also receive approval of the planning commission in the same manner as described above for the original plat before it can be recorded. Each plat approved by a regional planning commission must contain the most recent recorded deed book number and page number for each deed constituting part of the property being platted. all plats.C.C. modification. if the Register receives sufficient fees and taxes due and can properly index the UCC record. it is no longer the responsibility of the Register to require the approval of the local health authorities before registering the plat. T. additional rules for what constitutes a subdivision apply to municipalities in Marion County.C.A. Specific Rules for Plats. or any division of less than five (5) acres for the purpose. § 13-3-401. bounds. § 13-3-402. T. T. The only exception to this rule is that an easement or survey attached to an easement is not considered to be a change to the plat 22 .A. lack of a signature is NOT a reason to reject a UCC record. Filing a UCC in the wrong office is NOT a reason to reject a UCC record. In any county which has a regional planning commission that has filed a certified copy of a major road plan in the Register's office. Further.(9) If the information in the record is unable to be read or deciphered by the Register=s office. and easements that can be reproduced. § 66-24-116. correction. § 13-4-301. the Register may not register a plat or a survey unless the document has impressed on it the seal of a registered land surveyor who prepared the document. Generally. A plat of a subdivision under the regional planning regulations is defined as a plan of division of a tract or parcel of land into two (2) or more lots. such instruments may not be accepted for registration as a plat.C. Any change to a plat (regardless of whether it is designated as an amendment.C. Also. T. § 13-3-401 for the area outside of the boundaries of a municipal corporation without the approval of the regional planning commission evidenced by an endorsement in writing on the plat. But.A. T.C. The same definitions of a plat of a subdivision apply to plats in a municipality which require the approval of the municipal planning commission before the plat can be accepted for record when the municipal planning commission has filed a major street plan with the Register. This same requirement does not appear in the law applicable to municipal planning commission approval.A. T. of sale or building development. Also. § 68-211-407.A. Plats of certain subdivisions of real estate require particular endorsements before the Register can accept the plat for registration. and includes re-subdivision. as noted above. -302. § 13-4-301. maps and surveys must contain sufficient words necessary for clear and accurate determination of metes. Although the local planning commissions must insure that plats of subdivisions receive the approval of the local health authorities before approving the plat. map or survey unless all the words and figures are legible and provide sufficient clarity for reduction and/or reproduction.A. it is advisable to accept the record.C. whether immediate or future.C. § 13-3-402. sites.

or both.A.A. § 6-58-104(C)(2).A. or any entity of such government. T. § 12-2-106 requires Registers to extend credit to the Commissioner of Finance and Administration for recording documents for the State of Tennessee and to submit a bill for the same. Also.A. T.A. Generally. The procedure must include one (1) or more of the following: 23 . no person or entity. Other fees are generally found with the statutes relating to the subject matter. In either event. The Register must also adopt a policy setting out the procedure to be followed in cases where fees accompanying an instrument for recording exceed the required amount. the Register must extend credit to the United States for recording fees due on notices of federal liens and submit the bill at the end of the month to the district director of the Internal Revenue Service or other appropriate federal official in order to obtain payment.g. The Register submits the bill for fees due from the State to the Commissioner of Finance and Administration. § 12-2-106.C. § 66-27309.C. Separate plats and plans are not required if all the information required by this section is contained in either a plat or plan. Payment of the Statutory Fees. plats and plans are a part of the condominium declaration. 47-9-403. T.C. no fee is to be charged for the filing of a county growth plan. PROPER FEES FOR RECORDING OR FILING The Register is not obligated to receive any deed or other document whereupon a fee attaches unless the fees accompany the document. a county. T. Registers are not allowed to receive any fees or other compensation for any service other than those expressly provided by law. Each plat and plan must be clear and legible and must contain all information required by this section. can be attached to the declaration and incorporated therein.C. UCC instruments or corporate charters.. municipality. is exempt from the fee requirement. T. chapter 27. § 8-21-101. the Register must extend credit to the United States for recording fees related to notices of federal liens and certificates discharging the federal liens. § 8-21-1001. The Register is entitled to demand and receive the fees listed in the statutes for recording various instruments before accepting an instrument for registration. § 8-13-111.A. e. §§ 8-13-111.when the grantee is the state.C.C.C. the fee must accompany the instrument. Although the State of Tennessee generally has to pay recording fees. T. Also. T. § 8-13-111. However.A. but T.C.A.C. Each plat or plan must be clear and legible and contain a certification that the plat or plan contains all information required by this section.C. If a question arises as to the proper fee to charge for the service of a Register.C.A. Under T. The plat or plan.A.A.C. metropolitan government. the plat(s) or plan(s). or both. codified in Title 66. § 8-21-105. § 66-21-201. In most cases. the Register is required to extend credit to the State of Tennessee. parts 2-5. shall be deemed acceptable for recording without further action if it or they comply with this section. The most basic statute relating to Register’s fees is T.A. § 66-21-201. Plats and plans related to condominiums are treated differently under the Tennessee Condominium Act of 2008. T. governmental or private. T. the Register may apply to a court to determine any question arising under the law. or it or they may be referenced in the declaration and recorded in a plat book at the appropriate Register's office.

T. An additional fee of $2.00 plus fifty cents per page for each page in excess of five pages. less a reasonable amount of the excess payments retained as fees of the office. Documents filed by federal. debit or a copy account for individual customers. However.A.00 filing fee for documents filed through the Register’s county electronic filing portal. Electronic Filing Fee.00 of the $15.(1) (2) (3) (4) Establishing a credit. upon approval by a two-thirds (2/3) vote of the county legislative body. This same special fee structure of $5. The law which imposed this fee superseded (put aside) the private acts that some counties had which allowed the Register to charge additional fees in his or her particular county so that the total amount of fees collected across the state is now uniform. Partnership Fee Issues. Also. T. maintenance and services relating to computer equipment and software for other purposes directly related to the official functions of the office. state and local governmental entities are exempt from this fee. Registers must obtain county legislative body approval prior to making each purchase using this revenue.A. upgrades to computer equipment and software. statement of merger and amendment or cancellation of any of these statements. Scott and Sevier).A. Data Processing Fee. Registers in Marshall. T. or Registering every eligible instrument and refunding excess fees. The Revised Uniform Partnership Act of 2001 (RUPA). statement of partnership authority. The fees noted above are the Astandard@ fees of the office. Contacting the person or entity tendering the instrument to get specific instructions regarding the excess fee.00 standard fee for filing or recording UCC records is earmarked for computerization of the Register=s office in all but the three counties noted above.C. as of 2010.C. After initial approval by the county legislative body.00 is not earmarked for computerization in those counties (Morgan. § 8-21-1001(j) permits Registers. However.00 per non-UCC instrument filed or recorded is collected in addition to the standard fees collected in all counties and this $2. In addition. if a county under prior law (general law exception or private act) was authorized to charge an additional Register=s fee of $1 or $2 per document. and supplies. this act did not repeal the older law that provides for the recording of certificates of limited partnership and certificates of merger of limited partnerships and the fee for recording these certificates continues to be $5. The fees earmarked for computerization must be accounted for separately from the other “standard” fees of the office. the additional general law fee of $2. statement of dissociation. statement of dissolution. -211. codified at T. The standard fees apply to the recording of these types of partnership documents. Rutherford and Hamilton counties may utilize revenue from the data processing fee that is above what is necessary to purchase computer equipment and software. Scott and Sevier have been so identified). created a new class of documents that have titles such as statement of partnership. Maury.A.C. Retaining as fees of the Register=s office a reasonable overage amount. $2. § 8-21-1001. statement of denial of partnership. § 61-1-101 et seq. and this fee was not earmarked for a particular purpose. §§ 61-2-206. to charge a $2.00 plus fifty cents (50¢) per page for each page in excess of five (5) pages also applies to documents of 24 . upon receiving county legislative body approval. Lincoln.00 fee is earmarked for computerization of the office of Register in all but three counties (Morgan.C..

§ 47-9-525) For each additional name in a UCC record required to be indexed (T.C.50 15.A.A. § 8-21-1001) For each plat.00 5. The standard fees which a Register may charge are summarized as follows: (1) (2) Military discharges (T. 48-11-303. § 47-9-525) For issuing each receipt for state taxes (T. map or survey (T.00 .limited liability companies as well as corporate charters and related documents.A.00 .A.00 1. T.00 . map or survey. § 8-21-1001) charter).50 .C. map. §§ 48247-104.A.A.A.50 per page in excess of five (T. per page (T.C. § 8-21-1001) For a certified copy of a plat. § 8-21-1001) For each page in a document in excess of two pages (T. page size not to exceed 8 2“ x 14” For each document (other than UCC military discharge. map or survey (T.00 (8) 15.C.00 (3) (4) (5) (6) (7) 10. § 8-21-1001) For each instrument in a document in excess of one instrument (T. Standard Fees. § 67-4-409) For recording any corporate charters or related documents plus fifty cents (50¢) per page in excess of five (T.C. corporate (T. 48-51-303.00 5.A. § 61-2-206) 25 No charge 15.00 1.C.50 (9) (10) (11) (12) (13) 5.C.A. survey.A.C. plat.” per page (T.A.C.C. § 48-11-303) For recording certificates of limited partnership plus $. page size not to exceed 8 2“ x 14.C. § 8-21-1001) For a certified copy of a document other than a plat.00 5.C.C. § 8-21-1001) For filing or recording a UCC record plus per page in excess of ten pages (T.A.A.C. § 47-9-525) For a copy of any UCC record.00 1.00 5.A.

October 5.C. An instrument is defined as a legal writing that gives formal expression to or evidence of a complete legal act or agreement requiring a separate index entry. Atty. the state transfer tax. Commissions.00 should be charged. whether by deed. No. whereupon 26 . § 10-7-114) 5. a document that contains a deed and a release of a deed of trust contains two instruments. § 48-204-101) For making a transcript. § 67-4-409(d). § 67-4-409. T. Tenn. 1998). and a document that contains three assignments of a deed of trust contains three instruments. This is usually for additional debtors.C. and the state “mortgage” tax (tax on the recording or filing of an instrument evidencing an indebtedness). which may contain one or more instruments. Both taxes are levied by T. § 8-21-1001(a)(1). § 8-37-604.C. this is two names and a fee of $30. The key to determining whether the extra name should be charged is whether or not the additional name is required to be indexed under the new UCC law.50 1. The Attorney General has opined (Op. whichever is greater. unless the transfer is by quitclaim. Atty. Gen.00 A document is defined as the entire writing offered for registration.00 . collation. Gen. Op.00.(14) (15) For recording limited liability company (LLC) documents plus per page in excess of five (T.A. T.C.A. The remaining forty-eight percent (48%) of this five percent (5%) commission is treated as a standard fee of the office. and index regarding worn or mutilated records per 100 words (T.A. Transfer Tax.A. Confusion has existed in the past concerning the proper charge for UCC financing statements relating to fixtures which are recorded with deeds of trust instead of being filed with the other financing statements. The UCC law provides that Registers may charge an additional $15.A. 1983) that the proper fee is the fee charged on other UCC financing statements. Tenn. but a name such as an individual or corporation d/b/a another name is to be treated as one name. The grantee must pay the tax on the value of the property or the consideration given. Where a husband and wife are both listed as a debtor on an initial financing statement. Fifty-two percent (52%) of this five percent (5%) commission is remitted monthly to the state treasurer. which is $15. For example. partition deed or any other instrument. court decree.00 for each name required to be indexed. 333. T. The transfer tax is a tax on the privilege of having an instrument recorded where the instrument transfers a freehold interest in real estate.A. UCC Fee Issues. Collection of State Taxes The Register is responsible for the collection and transmittal to the Department of Revenue of two related privilege taxes. Military discharges are recorded without any fee being charged (standard fee or computer fee).C. Registers collect a five percent (5%) commission on state transfer and Amortgage@ taxes collected. 98-192 (October 8.C.

his agent.C. or a trustee acting for the grantee is required to state under oath upon the face of the instrument offered for record in the presence of the Register.A. or A deed executed by the trustee of a revocable living trust to implement a testamentary devise by the trustor of the trust. The creation or dissolution of a tenancy by the entirety: a. b. except that no oath of value is required in any transaction which is exempt. the actual consideration or value. or before an officer authorized to administer oaths. (8) No transfer tax is due until the title to the property is transferred by deed. or transfers by the trustee of a revocable living trust back to the same transferor or to the transferor's spouse. A transfer by a transferor of real estate to a revocable living trust created by the same transferor or by a spouse of the transferor. for the transfer of a freehold estate. but its value must be able to be expressed in monetary terms. Consideration reflects anything of pecuniary value and need not be money. Certain transactions listed in T. joint tenants or joint tenants with right of survivorship.00) of value or consideration. c. or By the conveyance from one (1) spouse or both spouses to a trustee and immediate reconveyance by the trustee in the same instrument as tenants in common. tenants in common with right of survivorship. By the conveyance from one (1) spouse to the other.the grantee pays on the basis of the actual consideration for the transfer. whichever is greater. (3) (4) (5) (6) (7) A deed of division in kind of realty formerly held by tenants in common. The value of the property means the market value or what the property would bring at a fair and voluntary sale. The Department of Revenue has 27 . A domestic settlement decree and/or domestic decrees and/or deeds which are an adjustment of property rights between divorcing parties. A deed or deeds executed by an executor to implement a testamentary devise. the oath must reflect the actual consideration given for that conveyance. and in the case of the quitclaim deed. By the conveyance from one (1) spouse or both spouses to the original grantor or grantors in the instrument and the original grantor's spouse. A release of a life estate to the beneficiaries of the remainder interest. The rate of the transfer tax is thirty-seven cents (37¢) per one hundred dollars ($100. No transfer tax is due on the transfer of any real estate which is: (1) (2) A leasehold estate (estate for a fixed number of years). The grantee. § 67-4-409 are exempt from the transfer tax.

If the principal indebtedness secured is not determinable from the terms of the instrument. no link exists between whether tax is paid and priority of instruments filed under the provisions of the Uniform Commercial Code. including but not limited to mortgages. then the statute calls for the tax to be determined according to the value of the property covered by the instrument. Western Auto Supply Co. App.C. The recording or re-recording of all transfers of realty in which a “municipality” is the grantee or transferee and all instruments evidencing an indebtedness in which a “municipality” is the holder or owner of the indebtedness is exempt from the transfer or “mortgage” tax as the case may be. The rate of the mortgage tax is $.A. UCC financing statements and liens on personal property. security interest or pledge wherein an energy acquisition corporation formed for the benefit of a local government is either the secured party or the debtor. contractor's liens. For the purposes of these two 28 . the tax is calculated according to the value of the collateral located within Tennessee as a percentage of the total value of collateral securing the debt. and mechanic’s and materialmen's liens. The mortgage tax is not levied on the recording of judgment liens. Ct. deeds of trust. The “mortgage” tax is a tax on the privilege of recording or filing any instrument evidencing an indebtedness. laborer’s liens. § 39-16-702). Except for Uniform Commercial Code transactions. and if the Register knows this has been done. appeal denied April 12. Also. subcontractor's liens.. There is a special governmental exemption not mentioned earlier. Knowingly making a false affidavit is perjury (T. American City Bank of Tullahoma v. When the collateral is located both within and outside of Tennessee. T.00) of indebtedness.e. conditional sales contracts. as evidenced by the instrument offered for recording. 1981). the taxpayer=s security interest will be entitled to priority only to the amount on which tax has been paid.00) or major fraction thereof over two thousand dollars ($2. grantor or debtor.115 on each one hundred dollars ($100. However. These should be consulted where deeds convey these interests.promulgated rules for the valuation of a life estate and remainder interest based on life expectancy. The word “indebtedness” as used in this tax law means the principal debt or obligation which is reasonably contemplated by the parties to be included within the terms of the agreement. The incidence of the tax is declared to be on the mortgagor.2d 410 (Tenn. “Mortgage” Tax.000. it should be reported to the District Attorney General and to the Department of Revenue. reverse mortgages) and which are labeled as such on the face of the instrument. other than motor vehicles. 1982. § 47-9-403..C. Every recorded instrument evidencing an indebtedness must contain the following language on the face of the instrument or in an attached sworn statement: Maximum principal indebtedness for Tennessee recording tax purposes is $ .W. 631 S. no mortgage tax is due on the recording of instruments giving notice of the creation of a lien. nor is the tax due on mortgages or deeds of trust issued under the Home Equity Conversion Act (i. furnisher's liens.A.

T. § 67-4-409(h). Credit Unions (state chartered). or governmental body or political subdivision of this state and any agency.00) for the transfer tax and five hundred thousand dollars ($500. For example. state or local) is the debtor. 4. These entities are not exempt from the mortgage tax when they are the secured party and the debtor is not exempt. the instrument is exempt from the Amortgage@ tax under the judicial doctrine of sovereign immunity. § 1723a and 12 U. T.A.000. Title 48. § 43-16-145. T. Freddie Mac and Sallie Mae. bureau. authority.C. 5. when a governmental entity (federal.C. Exempt when entity is the debtor (mortgage tax) or the grantee (transfer tax). Also. 6. In transactions involving certain manufacturing type facilities.C.A § 67-4-122 and for instruments evidencing an indebtedness of a health and educational facility corporation formed under Tennessee Code Annotated. branch. Exempt when entity is the debtor (mortgage tax) or the grantee (transfer tax). Electric Cooperatives and Electric Membership Corporations. § 45-4-803.00) for the “mortgage” tax. school district. or instrumentality of this state. § 1451. 12 U. § 65-25-222. quasimunicipal. sanitary district. § 67-4-409(f). These entities are not exempt from the mortgage tax when they are the secured party and the debtor is not exempt. or incorporated city or town.A. 29 . Exempt when entity is the debtor or secured party (mortgage tax) or the grantee (transfer tax).C.S. T.A. Most Common Exemptions from Tax.A. § 2077. the total tax is capped at one hundred thousand dollars ($100.S. Certain Investment Companies: There are also exemptions for certain investment companies operating under T. Farmer’s Cooperatives: Exempt when entity is the debtor (mortgage tax) or the grantee (transfer tax). transfers that are made pursuant to bankruptcy court orders are exempt from the tax. utility district. Exempt when entity is the debtor (mortgage tax) or the grantee (transfer tax). Farm Credit Services (production credit associations). T.S. 12 U.C. Fannie Mae.C.000. Part 3. The following are some of the most common exemptions from the tax: 1.C. power district.C. These entities are not exempt from the mortgage tax when they are the secured party and the debtor is not exempt.A. “municipality” means the state of Tennessee or any county. or other municipal.C.taxes. 3. These entities are not exempt from the mortgage tax when they are the secured party and the debtor is not exempt. the recording or filing of certain instruments is exempt under federal law. 2. Chapter 3. Also exempt from the mortgage tax are UCC instruments which secure an interest solely in “investment” property such as stocks and bonds. Additionally.

C. A utility that is a governmental entity and is the debtor in an instrument evidencing indebtedness is exempt from paying the mortgage tax under the doctrine of sovereign immunity. § 67-4-409(f) and are subject to the recording taxes unless another specific statute (federal or state) provides for an exemption (which is the case in some instances). Federal Credit Unions. The Register must report all collections monthly to the Commissioner of Revenue on forms prescribed by the Commissioner and remit such collections by the fifteenth (15th) day of the month following the month of collection. The penalty is double the unpaid tax due or two hundred fifty dollars ($250). § 67-4-409(b)(8). but the balance of the penalty should be remitted to the department. T. FHA. 8. Other Fee Issues. The recording is exempt from the mortgage tax when THDA is assigned a security interest in the document.C. is the secured party and the debtor is a private party.A. Such payment is due on the date of the increase. Exempt when entity is the debtor (mortgage tax) or the grantee (transfer tax). § 45-4-803 and 12 U. power district. For collecting and reporting these taxes.C.C. sanitary district or local authority) then the instrument is exempt from the recording tax if the utility is the owner or holder of the indebtedness (mortgage tax) or is the grantee of a freehold interest in real estate (transfer tax). T.A.C. Exempt when entity is the debtor or the secured party (mortgage tax) or the grantee (transfer tax). such as a bank.S.A. In the event of an increase in indebtedness beyond the amount stated when the instrument was recorded. Exempt when entity is the debtor (mortgage tax) or the grantee (transfer tax). T.A. 10. whichever is greater. T.A. the Register 30 . utility district.C. § 1768. municipality. The Register is entitled to retain as a commission five percent (5%) of the penalty. Increase in indebtedness / underpayment. in addition to the tax.A. § 67-4-409(f). but may be made without penalty if made within sixty (60) days after the increase occurs (time begins on the execution date). These entities are not exempt from the mortgage tax when they are the secured party and the debtor is not exempt. § 65-29-129. If the holder of the indebtedness fails to pay or underpays the Amortgage tax@ including any tax increase due to an increase in indebtedness. Local Utilities.7. 9. Same as THDA.A. This entity is not exempt from the mortgage tax when it is the guarantor and a private party. then the holder of the indebtedness shall be liable for a penalty. Utilities that are not governmental entities. §§ 13-23-127(a) and 67-4-409(f). T. § 67-4-409(b)(12).C. 11. If the utility is a “municipality” that is a governmental entity (such as a county. are not exempt from the transfer or mortgage tax under T. the holder of the indebtedness shall pay the tax on the amount of the increase. These entities are not exempt from the mortgage tax when they are the secured party and the debtor is not exempt.C. Telephone Cooperatives. T. such as private utilities and cooperatives. THDA.

R.C. if any. whereupon it becomes a part of the original instrument being registered. 50 A. hour and minute) the Register actually received the instrument. and the amount of taxes received. The Register=s office should mark all documents as Areceived@ when they are physically delivered. § 8-13-108(a)(2). as noted earlier in the discussion of registration fees.A. then the Register may add a page to contain the certification and attach the page to the instrument. and the Register may charge a fee for this additional page. is the proper time to be entered on the notebook and the instrument. the amount of fees received. § 8-13-108(a)(4). The notebook must be maintained in a well bound book or in computer storage media in accordance with T. with fifty-two percent (52%) of this amount remitted to the state treasurer and forty-eight (48%) retained by the Register and treated as a standard fee of the office as noted earlier. Although the statutes do not require a separate notebook. regardless of the method of delivery.A. If the Register determines that insufficient space exists on the instrument to enter the certification without overlaying writing on the instrument. 94-37 (March 21.A.W. The Register is to note and record the instruments in order of time of reception as nearly as can practically be done. T. NOTATIONS WHEN INSTRUMENT RECEIVED Instruments Generally. The Register also enters certain information in a book known as the notebook. § 10-7-121. and documents arriving in the same mail delivery should be marked with the same date and time. 154 Tenn. and not the time when the Register entered the instrument in the notebook.C. Lee Chatten v. The Register enters into the notebook the names of the grantor(s) and grantee(s). The time of reception of the instrument. § 8-13-108. The duties of the Register in regard to the notebook are specified in T.2d 536. Atty.00) for issuing each tax receipt. The Register is also required to enter on the document the book and page or other reference where it is recorded or filed.C.A. Op. Knoxville Trust Company. 289 S. hour and minute). Registers may charge and collect a fee of one dollar ($1. but entries are to be made without undue delay even if due to the volume of instruments received the exact order of time of reception cannot be maintained.C.retains as a commission five percent (5%) of the taxes collected. 1994). T.A. T.C. if any. Also. 345. This certification is accomplished with the signature of the Register. After a Register has determined that an instrument should be received and accepted for recording. the Register must note on the instrument the time (date. The notebook must be maintained as a permanent record. Nevertheless. § 8-13-108. Registers may note the reception of UCC instruments in a separate notebook for Uniform Commercial Code 31 . Tenn. the time the instrument was received (date.L. UCC Records. The Register is required to certify the fact of registration upon every document registered and the time when it was received. The proper notation of time is of vital importance to all interested parties as the time of reception can affect priority of title. and the amount of fees received. This fee is collected along with the other recording or filing fees. Gen. that is the time of delivery to the Register. no instrument received on a given day can be entered into the notebook after instruments received on a later day. 537 (1926). which describes the procedures required to maintain safe copies of the information.

The space for comments should be used to inform the public of any unusual references or characteristics of the instrument. § 47-9-522. then the Register places the photocopy in the deed book. § 47-9-519(a). T. naming the secured party and the debtor. After determining the proper book in which to place the document. The discussion below will first focus on the requirements in those counties without continuous recording systems. and space for comments.A. Each UCC record must be assigned a unique number. a termination statement is treated as an amendment and recorded as any other amendment. After imaging the document.A. and not just warranty deeds. § 10-7-203. Many index books now in use provide space for additional information. also called warranty deed book in many counties. Under UCC law. the Register photocopies or otherwise images the document if the document is to be recorded as opposed to merely being filed.A. 32 . § 10-7-205. § 8-13-108(a)(3). the Register must determine the proper book or record series in which to place the document.C.C. In the direct index. the date of the instrument. This book and page number may be added to the notebook although this is not a legal requirement.C.C. The law for many years required the Register of Deeds to maintain separate sets of books and indexes for various recorded or filed instruments. FILING AND INDEXING Old and New Systems of Recording. the Register adds the book and page number and places the document in the book. the date it was received for recording. such as a standard warranty deed (which also conveys legal title). T. the Register enters first the name(s) of the grantors and then the names of the grantee(s). If the document deals with equitable title to real estate. entering the date and time of reception. RECORDING. After entering the necessary information in the notebook and on the original. and the book and page number where it is recorded. T. Deeds and related instruments conveying full title or affecting equitable interests in real property are indexed in a direct or grantor index and in a reverse or grantee index. The Register is required to index the deed or other instrument immediately upon recording it. The entire UCC record series from initial financing statement through termination must remain of record for at least one year after the termination is filed or the financing statement has lapsed.C.instruments.A. such as court decrees and quitclaim deeds. the number of acres transferred. This remains the law if the Register has not adopted some form of combined system of recording or Acontinuous@ recording system. then enters the kind of instrument. which retain various sets of books. such as the civil district where the property is located. The deed books should contain all documents which relate to equitable interest in land. The Register must create a record that bears the number assigned to the filed record and the date and time of filing. and then review the more recent alternatives. T. T. and the fees received. Real Estate Deeds of Title.A. all in alphabetical order.

an assignment or amendment must be indexed under the name of the assignor or grantor. If a financing statement is filed as a fixture filing or covers “as-extracted” collateral or timber to be cut. UCC Records. fixture filings must be recorded with the real estate records. and reverse indexed under the name of the assignee in the case of an assignment. § 10-7-105. the date the instrument was executed. UCC records must be indexed as follows: (1) Index an initial financing statement according to the name of the debtor and index all filed records relating to the initial financing statement in a manner that associates with one another an initial financing statement and all filed records relating to the initial financing statement.A. many Registers note in the notebook the date and means by which the instrument is returned. after it is recorded. they are photocopied and placed in a set of books separate and apart from the deeds and other instruments related to transfers of equitable interests in real property. If a financing statement is filed as a fixture filing or covers “as-extracted” collateral or timber to be cut. The Register is required to index the deed of trust amendments and other instruments affecting or modifying the original deed of trust in separate direct and reverse indexes in the same manner as warranty deeds are indexed. the kind of instrument. T. After the Register has indexed the instrument.C.C. and the book and page number where it is recorded. and like instruments are received and noted in the notebook. Although it is not legally required. However. T. if this has not already been done (after photocopy). Deeds of Trust. the Register enters in the reverse index first the names of the grantee(s) and then the names of the grantor(s).C. the date it was received for recording. (2) (3) (4) 33 . The books are generally known as trust deed books.Similarly. § 47-9-519. it is returned to the person offering it for recording. Also in the same manner as warranty deeds. After deeds of trust or amendments. the deed of trust is returned to the person offering it for recording. § 10-7-203. T. § 8-13108.C. it must be indexed under the names of the debtor and each owner of record shown on the financing statement as if they where mortgagors under a mortgage of the real property described and also reverse indexed under the name of the secured party as if the secured party were the mortgagee.A. Index a record that provides a name of a debtor which was not previously provided in the financing statement to which the record relates also according to the name that was not previously provided. The UCC allows either the filing or recording through imaging of UCC records.A. assumption agreements. T.A. usually the mortgagee.

C. decrees of adjudication of bankruptcy.A. Also.C. T. and a survey. T. Because of the important legal distinction between a plat which has the approval of a planning commission. T.A. powers of attorney and other instruments which do not fit into the other categories.C. § 66-11-143. chapter 21. § 8-13-108 requires a separate book known as record of bankruptcies. part 2.C. § 67-5-2502. After the completion of improvements to real property. which does not. and the UCC may be recorded with the deeds of trust. or to combine the index with the federal lien direct and reverse index or to combine it with the other indexes of the office in a master direct and reverse index. it must be entered in the index for this type of record and a notation must be made in the index where the instrument creating the original mineral interest is indexed referencing the statement of claim. 34 . § 66-11-111.A. Even if all of the separate books mentioned above are maintained. 66-21-103) require the Register to keep a lien book.C.C.C. The Register is required to make a permanent record of these notices. the Register must decide where to record a variety of miscellaneous records. leases.C. Registers still may keep a miscellaneous book for entry of contracts.C. Miscellaneous Records. the owner or purchaser. T. § 47-9-519.A. The Register may find it useful to have a separate book for these records and a separate index. If a separate book is maintained for these records. plats of subdivisions and surveys are usually maintained as separate records. § 66-21-103.A.A. § 66-5-108. declarations of interest and court decrees relating to mineral interests must be recorded in a book known as the Dormant Mineral Interest Record. Another group of records which often have separate books and indexes is that of corporate charters and related documents.A.The Register is required to maintain the capability to retrieve a UCC record by the name of the debtor and by the file number assigned to the initial financing statement to which the record relates. For further information on federal tax liens.A. T. then a separate direct and reverse index should also be kept. As mentioned above. § 8-13-108 indicates that almost all instruments except those affecting land title. these two types of records should be segregated in some fashion. or the contractor. and other orders of the bankruptcy court are recorded. After making a notation in the notebook. the statutes referring to mechanic's and materialmen's liens and other types of liens (T. The Register must index the recordings of liens and releases and must note the nature of the lien in the index. bankruptcies. However. T. may register a notice of completion in the Register's office in order to be protected from lien claims. where certified copies of petitions in bankruptcy. T. The Register has discretion to maintain a separate direct and reverse index. Orders involving mineral interests must also be referenced in the indexes for the instrument creating the original mineral interest and the instrument creating the interest of the current owner. Declaration of interest forms are indexed under the names of the mineral interest owners as grantors and under the names of the surface owners as grantees. § 10-7-202.A. When a statement of claim is recorded. Statements of claim. Declaration of interest (in mineral estates) forms must be available in the office of the Register. please refer to Title 66. The Register may use only a direct index for notices of completion. T.

Once original permanent records are reproduced properly. authorizes counties which have established a county public records commission to forego the various sets of books noted above and maintain one continuous recording of any and all instruments in one general series of books or film to be designated “official record book. some special rules have been allowed for Davidson County in regard to notebook records. This law supersedes the earlier laws. T. § 10-7-202(b) provides for the option of maintaining indexes on a computer.A. and may not charge any more for this service. Section 8-13-108. to keep any information required to be kept as a record on a computer or removable storage media. which appear to require separate indexes.” Likewise. when a system of microphotography is used to record all instruments. electronically or otherwise. they may be destroyed or transferred to a suitable institution upon the approval of the county public records commission.” “reel. Registers may not charge a fee for viewing records in the office.ROM disks. Furthermore. instead of bound books or paper records if the following standards are met: (1) (2) (3) Such information is available for public inspection.” or other such designation.A. the references may be to “book.A. authorizes the combining of indexes into a general direct and reverse index. including Registers. Also. including CD. § 10-7-121 authorizes all government officials. This charge may not include the cost of storage and maintenance of the records or the cost of the electronic record storage system. T.C. including CD-ROM disks.Combined or Continuous Records.C. Reflecting the more modern systems of maintaining records. Section 10-7-202(a). many mentioned above. Records and Computers. These reproductions are required to be done according to regulations promulgated by the Secretary of State regarding approved technology. and The official can provide a paper copy of the information when needed or when requested by a member of the public. (4) A new procedure is available for the destruction of original public records which have been reproduced onto computer storage media. All daily data generated and stored within the computer system must be copied to computer storage media daily. Tennessee Code Annotated. It is important to remember that original public records may not be destroyed without the approval of the county public records commission and after the statutory and regulatory rules have been followed. Registers and other county officials are authorized to provide remote electronic access for viewing of records of the office which are maintained on computer storage media during regular business hours.” “film. Due care is taken to maintain any information that is a public record during the time required by law for retention. T. standards and procedures. Registers are authorized to charge users of information through remote access a reasonable amount sufficient to recover the costs of providing this service. § 10-7-404.C. unless it is a confidential record according to law. Tennessee Code Annotated. and the newly created computer storage media more than one week old must be stored at a location other than at the building where the original is maintained. A remote viewing system must not 35 .

§ 47-10-119(b).A. § 10-7-123. 47-10-119(a). T. § 47-10-117(b). T. Also. estimated costs of the implementation and estimated costs savings.C. Also.A. communicated. (2) (3) 36 . or stored via electronic means and only applies to transactions between parties that have agreed to conduct transactions by electronic means. acknowledged.C. The prime concept embodied in the law is that where the law requires a record to be in writing. a county official must file a statement with the comptroller=s office containing information about the hardware and software to be used. the Act also states that county officials shall have the power to determine whether.C. This statement must describe how the remote access system will prevent remote users from altering the records. and the extent to which. a post-implementation review must be filed with the comptroller=s office. they will create and retain electronic records and convert written records to electronic records. An electronic record is received when it enters an information processing system that the recipient has designated to be used and from which the recipient is able to retrieve the electronic record. Once a remote information system is in place. The law does not require a record or signature to be created. § 47-10-115(b)(1).allow the alteration or impairment of the records by the remote viewer. an electronic record can satisfy that requirement. Between twelve (12) and eighteen (18) months after implementation of the system.A. county officials. are specifically given the power to determine whether. T. Similarly.C. Therefore. T. T.A. Unless otherwise specifically required.C. § 47-10-118(a)(2). and the extent to which.. including the Register. T. the Act states that where a record or signature is required to be notarized.A.C. Uniform Electronic Transactions Act. The Electronic Transactions Act does not eliminate or alter the need for a transaction to comply with other substantive requirements of law that may affect the transaction.” T. § 47-10-111. the following principles set forth in the law are of particular importance: (1) Before implementing an electronic transactions system.A. policies and procedures related to implementation.C.A. all members of the public who are willing to pay the user fee must be given access to the system. an electronic signature can satisfy the law. they will send and accept electronic records. The “Uniform Electronic Transactions Act. § 47-10-101 et seq.A. software and procedures thirty (30) days prior to offering this service. verified or made under oath. the electronic signature of persons authorized to perform those acts can satisfy such requirement. T. Registers who provide remote electronic access for viewing records must file a statement with the Comptroller of the Treasury describing the computer equipment. where the law requires a signature.C. Should the Register choose to utilize electronic transactions. is intended to establish standards and procedures for the conduct of business transactions via electronic means. no Register is required to accept electronic transactions.

R. • • • • NOTICE OF CHILD SUPPORT LIENS Federal law has tried to create a uniform system for enforcing child support. include: • • • Any sort of original document requirement may be satisfied by an electronic document. Registers may convert recorded paper documents into electronic format. T. The Uniform Real Property Electronic Recording Act (“URPERA”) was adopted in 2007 with the goal of making the electronic recording process more uniform throughout the country.C.A. Finally. 1240-2-5-. sections 654.A. a lien to be placed on the real and personal property of the obligor whenever notice of such lien is placed on the computer showing the existence. codified in Title 66. copies of documents created or retained electronically may be recorded with the appropriate authentication. These sections require states to adopt certain centralized procedures for enforcing child support. the Department can file locally (in the Register’s office) or file the liens online. Tennessee’s procedures are set forth in T. Comp. The agency in Tennessee that is responsible for enforcement of child support liens is the Department of Human Services. a physical or electronic image of the notary stamp or seal does not have to accompany the electronic signature. T. Also. § 651 et seq. by operation of law. 654a. and 666.A. The overdue child support obligation causes. part 2. 37 . Uniform Real Property Electronic Recording Act (“URPERA”).01 et seq. chapter 24. & Regs. Any signature requirement may be met by an electronic signature or a digitized image of a wet signature. Any notary or acknowledgment requirement may be met if the electronic signature or digitized signature of the person notarizing or acknowledging the document is attached or logically associated with the document.A. The Department may require that the Register furnish space in his or her office for a computer terminal dedicated to providing information regarding persons with overdue child support obligations. § 36-5-901. The federal law is found at 42 U. Registers may take an electronic copy of a paper document (as long as the proper certification is attached). To enforce these liens.C.C. The Register appears to have no obligation regarding the computer terminal other than the provision of space and allowing the public access to the computer terminal.—most notably.S. Highlights of the URPERA. the standards for Registers implementing these functions are to be established by the information systems council.C. amount and date of the lien. § 66-24-101(d).Even if the Register does not accept electronic transactions. Registers may accept fees electronically. § 36-5-901 and in regulations found at Tenn.

if there is no living spouse. the nearest living relative of the veteran. The University of Tennessee's County Technical Assistance Service publishes manuals which may be used as guides on the retention and disposition of public records. The Register may appoint a designee to serve on the county public records commission instead of the Register personally.A. § 36-5-902. the Department is authorized to enforce these out of state liens.C. military discharge records are confidential for 75 years from the time the records are recorded or otherwise come into a Register’s possession.Issues sometimes arise with regard to out of state liens.A. Pursuant to T. § 10-7-104 et seq. certain employee records are confidential. and the Register serves as an ex-officio member. as long as the liens are filed in accordance with Tennessee’s procedural rules. Generally. T. T. However.A.C. The legal guardian of the veteran. The county public records commission serves an important function in keeping an efficient records management program.C. T. child. Military Discharge Records. Otherwise. The personal representative of the estate of the veteran. The county public records commission can affect all of the county offices. residential addresses. after microfilming. it is our opinion that out of state liens should be filed with the Department and not directly with the local Register. The following persons are allowed to inspect or copy military discharge records: (1) (2) (3) (4) The veteran who is the subject of the record. these originals would be required by law to be kept in the office. § 36-5-902.A. Furthermore. § 10-7-513. 38 .C. Where this confidential information is part of a file or document that would otherwise be public information (such as compensation records) the confidential information must be redacted so that the public may still have access to the non-confidential portions of the file or document. § 10-7-503. Under T.A. or parent. T. During this 75-year period. Only certain persons may inspect or copy military records. Tennessee must honor liens arising out of state. The spouse or a child or parent of the veteran or.C.C. driver’s license information (except where driving is a part of the employee’s job). Social Security numbers. These records include home telephone and personal cell phone numbers. bank account information. the records of the Register=s office are to be available for public inspection during regular business hours. Certain records. the Register may disclose information or may permit inspection or copying only in accordance with § 10-7-513 or a court order. may be destroyed or transferred to the state library and archives or some other institution. and similar information for the employee’s family and household members. Those persons must present proper identification before inspecting or copying the records. but each officeholder may prevent the transfer or destruction of any record in that office. Because the procedural rules in Tennessee direct the Department to file child support liens and name the Department as the enforcement agent.A. OTHER RECORDS DUTIES All counties are now required to have a county public records commission. § 10-7-504.

or the United States armed forces auxiliary. chapter 13.C.A. All Registers must keep books originating prior to. In counties that record and store documents electronically. 2010. then you should not record the request form. only the form’s heading. Hopefully this omission will be corrected. however. In addition to being authorized to inspect or copy the records.(5) (6) (7) The person named by the veteran. as well as after. appears in the revised law (the entire form was set forth in the prior version of the law). § 10-7-515. and which have been designated specifically for the storage of official military discharge records in a location not accessible to the general public. or An authorized representative of the funeral home that assists with the burial of the veteran. For those offices that do not store documents electronically. it is our recommendation that the prior statutory form (with some minor revisions) be used. Storage Of Military Discharge Records. 39 . persons described in subdivisions (1) through (5) above are authorized to request removal of the record (except for records preserved on microfilm) or redaction of the social security number from the record (if the record is stored on a medium which allows for redaction). Under the new section in Title 8. the Registers in Knox. Under the revised § 10-7-513. you will be required to store discharges you record after September 1. A copy of this form with the recommended revisions can be found in the Appendix. Registers are required to record the official discharge of persons who after 1915 have served as members of the United States armed forces. or (4). Another governmental body. Shelby and Sevier counties are permitted to redact social security numbers on recorded documents maintained on computers or removable computer storage media. Pursuant to T. September 1. in an appropriate power of attorney. You should note that if you receive a form requesting redaction and redaction is not practicable. (3). Until then. the United States armed forces reserve. so long as the books do not contain other public documents. Redaction of Social Security Numbers. either verbally or in writing. 2010 in a separate book that only contains official discharge records. the Register is to record the request form. Blount. that redaction is not practicable and that the person may instead submit a form requesting that the record be removed entirely. you are directed to inform the requesting party. but rather. or by a person described by subdivision (2). and not the form itself. Registers shall not make available to the general public any display of military discharge records and shall only provide copies of such records in compliance with § 10-7-513. The revised law requires the request be made on a statutorily prescribed form.

C HAPTER THREE FINANCIAL ACCOUNTING DUTIES Accounting Commissions Deposits and Bank Accounts Form of Payment Receipts Reports 40 .

C. Depending upon whether or not the county has centralized accounting. is required to maintain an official bank account in a bank within this state. The remaining forty-eight percent (48%) is retained by the Register and treated as another fee of the office. special reports may be requested by the county legislative body. increase the balance of asset and expenditure accounts and decrease the balance of liability. or whether excess fees are remitted quarterly. the only disbursements that a Register will have will be to the County Trustee and to the State Department of Revenue.A. If the fees are remitted monthly. DEPOSITS AND BANK ACCOUNTS The Register. The complexity of the accounting performed by the Register will depend in part on whether or not the Register turns over all fees to the County Trustee on a monthly basis. Conversely. or whether only surplus fees are turned over quarterly.A. COMMISSIONS The Register may deduct five percent (5%) of state taxes collected as a commission for the service of collecting the taxes for the state and reporting the same. by resolution.C. or surplus accounts. Fifty-two percent (52%) of this commission is remitted to the state general fund.C. if the Register only remits excess fees quarterly to the County Trustee. Operating statements are made on a monthly. reserve. or surplus accounts. T. § 67-4-409(d)(2). and is required to deposit all public funds received into an official bank account within three (3) days of receipt of the funds. T. At least two accounts are affected by each transaction. The county legislative body. reserve. Also. Also. along with every other county official that handles public funds. then the Register will have disbursements for such items as the salary of the deputies and assistants as well as the Register's salary. or charges. The Register is under a duty to use a system of accounting approved by the Comptroller of the Treasury. The accounting system is a double entry system which allows for verification of accounting accuracy through trial balances wherein debits and credits should equal. either the Register or the accounting officials use this information to form a general ledger. The cash journal should also show disbursements from the account of the Register to the County Trustee or to the State Department of Revenue. Credits decrease the balance of asset and expenditure accounts. Debits. § 8-22-104. the Register is authorized to enter into agreements with the bank and with other 41 . and from the general ledger an operating statement may be made which details the financial transactions of the office. determines whether or not the fees are remitted monthly. The trial balance tests whether or not the total debit entries equal the total credit entries. revenue. The Register should enter in a cash journal (whether kept in book form or on computer media) the date of collection. revenue. the amount collected. the name of the person or entity from whom funds are collected. T.FINANCIAL ACCOUNTING DUTIES ACCOUNTING The Register must keep a record of all funds received by the office. Credits perform the opposite of debits.A. § 9-2-102. and increase the balance of liability. quarterly and annual basis. and an earmarking of these funds as a fee or tax.

T. Report of State Taxes Collected. The receipts must be consecutively numbered and kept in a wellbound book or in a manner approved by the Comptroller of the Treasury. the Register must issue to the payer a receipt and retain a duplicate in the office. T. § 67-4-213. up to a maximum of twenty-five percent (25%) of the unpaid amount. the Register should consult with the financial officers of the county to insure compliance with the reporting rules applicable in the county. REPORTS County Reports. § 9-2-104. These reports are filed with the Department of Revenue and the taxes collected are remitted by the fifteenth day of the month following the month wherein the funds were collected. § 9-2-103. with the County Mayor / Executive.C.C.A.C. T. RECEIPTS Whenever the Register receives any money in his or her official capacity. If the reports and remittances to the state are not made on time.A.C.A.A. T.financial institutions as necessary for the maintenance of collateral to secure the funds on deposit. under oath. if the Commissioner of the Department of Revenue determines that the failure to 42 .C. Additionally. The duplicate copy of the receipt must be retained by the Register (for at least five (5) years) and be available to state auditors upon demand. T. T. § 5-8-207(b). This is often called the “fee and commission” report. 67-4-409(d). The county legislative body is authorized by resolution to waive the processing fee that is otherwise added to the amount collected when payment is by credit card or debit card.A. The Register is required to make all disbursements by consecutively pre-numbered checks drawn on the official bank account. § 822-104(a). § 5-8-207.C. the Register must file a sworn quarterly report with the County Mayor / Executive showing financial activity by fund accounts which must show all accounts payable and other obligations.C. T.C. a minimum penalty of fifteen dollars ($15. A copy of this report must be filed with the county clerk. For counties under centralized accounting systems. T.A. money orders. FORM OF PAYMENT A Register may receive in payment of fees and taxes currency of the United States. T. When a report or return is delinquent. § 9-2-137. regardless of the amount of tax due or whether there is any tax due. § 9-1-108. A violation of any of the duties regarding deposits and the official bank account is a Class C misdemeanor. Also.A.00) is imposed.A. All Registers must make monthly reports of the state taxes collected to the Department of Revenue on forms prescribed by the Commissioner of Revenue.A. checks. The Register is required to keep a complete account of every fee collected and file an itemized statement monthly. in each county which does not have a central accounting system approved by the Comptroller of the Treasury. § 67-4-409(d). the Register forfeits the commission on the delinquent amount and is subject to payment of a penalty of five percent (5%) of the unpaid tax amount for each thirty (30) days or fraction thereof that the tax remains unpaid.C. credit cards or debit cards.

report and pay is due to negligence, a penalty of ten percent (10%) of the underpayment is imposed. T.C.A. § 67-1-804.

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C

HAPTER FOUR

DUTIES AND RELATIONSHIPS WITH OTHER OFFICEHOLDERS AND DEPARTMENTS
Interaction with County Mayor/Executive and County Legislative Body Interaction with Assessor of Property Interaction with Tennessee Department of Revenue

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DUTIES AND RELATIONSHIPS WITH OTHER OFFICEHOLDERS AND DEPARTMENTS INTERACTION WITH COUNTY MAYOR/EXECUTIVE AND COUNTY LEGISLATIVE BODY
Although the Register holds a fairly independent office, the Register is, nonetheless, constrained or limited in how he or she carries out the statutory duties discussed earlier by laws giving other officials authority concerning the budget, salary, and number of deputies and assistants the Register has to assist him or her. Fee or Non-Fee Office - Budgeting Salary or Pay-over. The county legislative body determines whether or not the Register maintains a fee account for the payment of the expenses of the office. Two basic methods exist for using and accounting for fees and commissions received by the Register. Under the first and oldest system, the Register remits to the County Trustee, quarterly, all of the fees, commissions, and charges collected in the preceding quarter in excess of the salaries of the deputies and assistants, the necessary expenses of the office and the officials’ salary. T.C.A. § 8-22-104. Under this system, the Register is authorized to retain fees in an amount equal to three (3) times the monthly salary of the Register and the salaries of the deputies and assistants as a reserve before the pay-over is required. This same statute, T.C.A. § 8-22-104, authorizes the county legislative body to adopt an alternative system for any of the individual fee officers of the county, such as the Register, or for all of them (except the Sheriff who is always under this second system). Under the alternative system, the Register pays over to the Trustee all of the fees, commissions, and charges collected on a monthly basis. In return, the county legislative body requires the disbursing officer to pay to the Register the official's salary, the salaries of the deputies and assistants, and the authorized expenses of the office. Under both systems, the salaries of deputies and assistants are determined by decree of the chancery court, or by letter of agreement between the Register and the County Mayor/Executive. T.C.A. § 8-20-101, et seq. Also, under both systems, the salary of the Register and that of the Register=s deputies and assistants is not affected by the amount of fees received by the office, at least not directly. Under the old system, the county legislative body does not need to appropriate funds for the salaries of the Register or the deputies and assistants or for the regular expenses of the office unless the fees of the office are inadequate – the Register pays for these items out of the fee account. But, under the alternative system, the county legislative body must appropriate funds for the Register's salary, the salaries of deputies and assistants and the other expenses of the office, regardless of the fees received by the office. Salary Suits and Letters of Agreement. The minimum salary of the Register is set by the General Assembly. This minimum salary varies according to the population class that the county falls in, with the Registers in the more populous counties receiving a greater salary. The county legislative body, by resolution, may annually set a compensation amount for general officers, including the Register, at an amount greater than the statutory minimum. T.C.A. § 8-24-102.

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T. requires the Assessor to file tax maps (duplicates or microfilm copies) with the Register by October 1 of each year which show the 46 . § 8-20-101(b). However.C.C. not a fixed course of action. Section 67-5-806(b). In counties with a monthly turnover of fees to the Trustee. under either the fee or budget system. then the Register may apply for deputies and assistants. the Chancellor will issue a decree setting out the number of staff that may be hired and the salaries that they may be paid. The grantee or preparer of a deed of conveyance must obtain from the Assessor's office the parcel identification number (map and page) of the property being conveyed before the deed is recorded in the Register's office. § 8-20-101(b). T.C. and as the requirements for the transfer tax mandate an oath of value or consideration on most transfers.A. § 8-20-106. the number in the decree acts as an upper limit. Interaction with Assessor of Property. A new officeholder.A. T. If an agreement cannot be reached with the County Mayor / Executive. § 8-20-101(c). the letter of agreement must be structured to fit within the amount budgeted for salaries of deputies and assistants in the office of Register as approved by the county legislative body.A.C. Also. the Register must file a salary suit petition within thirty (30) days after the date of final adoption of the budget for the fiscal year. has thirty (30) days from taking office to file a petition and any order entered with respect to such a petition may be effective during the fiscal year. the Register may decrease the staff or their salaries without a modification of the decree. T. The letter of agreement is to be written on a form prepared by the Comptroller of the Treasury.A. In offices under the alternative system wherein the expenses of the office are budgeted. The County Mayor/Executive is named as the defendant in these suits.C.C. the Register must petition the Chancery Court for authority to hire additional staff and set their salaries.A. Also. A new officeholder. § 8-20-104. under either the fee or budget system. The number of deputies and assistants a Register has and their salaries is determined according to a procedure involving the obtaining of a decree from Chancery Court setting the maximum number of deputies and assistants and their actual salaries. Both the County Mayor / Executive and the Register can appeal the decision of the Chancellor to the Court of Appeals. unless a Register enters into a letter of agreement with the County Mayor/Executive. The Register may then proceed to appoint such deputies or assistants as the decree shall provide. After the cause is heard and the parties have presented their proof. T. A letter of agreement between the Register and the County Mayor/Executive is filed with the Chancery Court. the Assessor is interested in maintaining current information on the market value of real property. T.A. has thirty (30) days from taking office to file a petition and any order entered with respect to such a petition may be effective during the fiscal year. the Assessor will want to review the deeds recorded in the Register's office. § 8-20-101(b). or maximum allowed salaries. except for new officeholders who have thirty (30) days from taking office to file a petition. The letter of agreement is then to be followed by the Register as the upper limit on the number and compensation of deputies and assistants. Tennessee Code Annotated. either the Register or County Mayor/Executive may seek modification of the decree. at any time that conditions change. Interaction with Assessor of Property.When a Register cannot properly and efficiently conduct the business of the office by devoting his or her entire working time thereto. Therefore.

status of property as of January 1 of that year.C. After a parcel of land has been classified by the Assessor as agricultural. The Department will issue memoranda to be used as guides in the administration and collection of these taxes. it may be advisable to record these instruments with other state tax liens. The statutes do not state explicitly in what books these instruments are to be recorded. § 67-5-1001. et seq. INTERACTION WITH THE TENNESSEE DEPARTMENT OF REVENUE The Tennessee Department of Revenue is charged with overseeing the collection and reporting of the state privilege taxes on the transfer of real estate and the recording of instruments evidencing an indebtedness. The recording fees are to be paid by the property owner. As noted earlier in the section dealing with these state taxes. or open space land under the so-called Greenbelt Law (T. Legal questions in this area should be addressed to the legal staff of the Department.). 47 . Since they constitute a form of lien (roll back taxes are due when the use of the land is converted). These records are not “recorded” but are open for public inspection. the Register must report on forms required by the Department. T.A.C. § 67-5-1008(b). the Assessor is to record with the Register the classification of this property.A. Office of the Comptroller of the Treasury. which are conducted by the Division of County Audit. The Register's office is always subject to audit by the Department of Revenue's auditors concerning the collection of tax in addition to the regular audits of the office as a whole. forest. It is important for the proper conduct of the office of Register that the Register understands when tax is due.

C HAPTER FIVE LIABILITY PROBLEMS Governmental Tort Liability Act Non-Tort Liability Personal Liability Official Bonds Insurance 48 .

Federal law may preempt such immunity as state statutes cannot exempt counties. An action can be both a tort and a crime. There are exceptions to these areas where immunity has been removed.) which provides that counties are immune under state law from all suits arising out of its activities. and damages resulting from the breach of duty. A tort can be the result of an intentional act or a negligent act. but non-tort liability can in many instances be more costly to Registers and to counties. but were liable for damages resulting from proprietary activities.A. or tax collection. or activities only governments could provide. the Tennessee General Assembly enacted the Tennessee Governmental Tort Liability Act (T. but for which the Register or an employee may be liable. as. intentional or negligent. Areas in which the Tennessee Governmental Tort Liability Act removes governmental immunity are: (1) (2) (3) (4) Claims arising from the negligent operation of motor vehicles.C. include claims arising from: 49 . education. or employees from liability under federal law. Exceptions. What is a tort? A tort is a civil action based on a violation of a duty imposed by law. unless immunity is specifically removed by the law. There has been a great deal of media exposure related to tort reform in Tennessee. such as police protection. In 1973. either governmental or proprietary. The violation of duty can be through misfeasance. and also (because of the rapid rise in the cost of insurance) county liability exposure. Governmental acts were those activities that were peculiar to governments. for which the county is immune under state law. alleys or sidewalks. omitting to do an act. which violates a duty imposed by law. Removal of Governmental Immunity. Proprietary activities were those that could be provided by private as well as governmental entities. Tennessee counties were covered under the state's sovereign immunity for governmental acts. Claims arising from the negligence of county employees. electrical services. Claims arising from negligently constructing or maintaining streets. is one of the most important subjects for Registers to understand. The Plaintiff who claims to have suffered a tort must show an act. Claims arising from the negligent construction or maintenance of public improvements. fire protection. These activities. or by nonfeasance.LIABILITY PROBLEMS Liability exposure. such as water and sewer service. and mass transit. generally the standard of care an ordinary person would exercise in the circumstances. for instance. an assault could result in criminal liability and civil liability. or the improper doing of an act. county officials. § 29-20-101 et seq. particularly personal liability exposure. Liability for personnel matters is discussed in the separate course on personnel matters. TENNESSEE GOVERNMENTAL TORT LIABILITY ACT Prior to 1973. This chapter will discuss both aspects--tort and non-tort--as well as certain immunity provisions of law.

2. 7. abuse of process. Negligent or intentional misrepresentation. § 29-20-403): 50 . libel. False imprisonment. 5. and violation of civil rights. malicious. may decide to insure or indemnify its volunteers. interference with contractual rights. for their liability exposure under the Tennessee Governmental Tort Liability Act. slander. infliction of emotional distress. 6. for claims arising under state or federal law for which the governmental entity is immune under the Tennessee Governmental Tort Liability Act. Liability Limits. 3. up to the limits set in the Act.1. The exercise of discretion by an official or employee. including Registers and Registers’ employees. The liability limits now provided in the Tennessee Governmental Tort Liability Act are as follows (T. 4. Mob actions or riots. invasion of privacy. When the case is one where the county can be liable. The county may now insure (either by self-insurance or by purchasing insurance) or indemnify (up to the limits set in the Tennessee Governmental Tort Liability Act) its employees and officials. or acts committed for personal gain. malicious prosecution. through its county legislative body. In cases where the county is immune. including any volunteers working in the Register=s office. even if the discretion is abused. as amended. intentional trespass. Willful.A. the Register or employee may be liable up to the liability limits established in the Tennessee Governmental Tort Liability Act under state law. with the volunteer liable for any amount in excess of these limits.C. do not fall under the personal liability protective provisions of the Tennessee Governmental Tort Liability Act. Failure to inspect or negligent inspection. 8. or criminal acts. An issue exists as to whether the Register may purchase liability insurance as an expense of the office for Registers operating out of the fees of the office.C. Assessment or collection of taxes. T. the official or employee is immune (except for medical malpractice cases). Institution of judicial or administrative proceedings. § 29-20-310. deceit.A. The issuance or failure to issue permits or licenses. A county.

T. for instance. 1986). voting rights actions. one accident (more than one person) Property Damage PRIOR TO JULY 1. § 1983. or employees. A negligent action. including search and seizure. The Register should be particularly aware of the prohibitions against discriminatory enforcement of statutes.A. Tennessee. giving different persons different access to records. improper arrest. (15 U.000 600.C. 662 (U. 814 F. workers' compensation actions.S. NON-TORT LIABILITY The Tennessee Governmental Tort Liability Act does not apply to many types of actions filed in both state and federal court. and many other types of common law and statutory causes of action can be the basis of a non-tort action. 2007 $ 300. 1986).S. and the use of unlawful force. While a county can still be enjoined from doing or be mandated to do certain acts. county officials.S.C. it is important to remember that defenses to these claims exist.000 It is very important to know that these limits do not apply to federal civil rights actions in state or federal courts. § 29-20-305.W. Dickson County. Actions must be commenced within 12 months after the cause of actions arises. just like other tort claims.000 POST JULY 1. January 21.C.) or when the injured party has reasonably failed to discover the existence of his or her cause of action against the county. Williams. 106 S.000 100. inverse condemnation actions. There are numerous areas. unless possibly rising to the level of gross negligence.S. ' 1983) or in state court under the same federal statutes or other common law actions.000 85. or that the failure to exercise the ministerial act did not result in damages. § 1 et seq.2d 277 (6th Cir. When reviewing these claims. Poling v. These claims can result in lawsuits in federal court under the federal civil rights act (42 U. which may result in lawsuits against the county based on the actions of law enforcement and other county personnel.Ct. Goins. 2007 $ 250. one person Personal Injury or death.) In general. as opposed to a ministerial or operational function.2d 305 (Tenn. counties should take care in actions which restrict competition.C. referring the public to particular attorneys or lending institutions. such as granting exclusive franchises. In state court. This one year statute of limitations can be extended when claims involve persons under legal disabilities (being incompetent. 1987). such as the common law defense available for an official or employee exercising a discretionary or policy-making function. 713 S. may not be the basis of an action under 42 U. Nishiyama v. being a minor.000 700. The limits of the Tennessee Governmental Tort Liability Act have no applicability to these non-tort actions. 51 .C. the federal antitrust laws were recently amended to provide that counties will not be held responsible for damages in antitrust actions. breach of contract actions. Other Actions.S. or similar actions. Daniels v. etc.TYPE OF CLAIM Personal Injury or death. discriminatory enforcement of statutes.

there are actions which may be brought in state court against a Register which are not under this act.C. Another important aspect of contract liability can arise when an official attempts to enter into a contract on behalf of the county without the actual authority to enter into such a contract. You may also reference the CTAS publication. § 50-6-101 et seq. Counties are responsible for the breach of a contract entered into by the county as would any private individual. the Occupational Safety and Health Act. PERSONAL LIABILITY There are several areas. Personnel Matters. Breach of Contract. military service. retirement. and many other matters. Employment law considerations are important in every aspect of the employer-employee relationship. Furthermore. The official may then be held personally liable for the performance of the contract. Also. Consult your county attorney when questions with legal implications arise and when you are uncertain about the legal implications of actions. where a Register could be held personally liable. parental leave. T. or any other statutory or constitutional right (such as workers’ compensation rights.A. There is an extensive framework of other laws.) Recent publicized cases have exposed new officials who fired employees of previous officeholders. the Equal Pay Act. the insurance provisions of the Consolidated Omnibus Budget Reduction Act (COBRA). that are applicable to counties. including both federal and state actions. jury service. Libel actions based on statements made during the firing of employees require employers to choose with great care their final words to employees and carefully control the circumstances under which such statements are made.Worker's Compensation. the Family and Medical Leave Act. the Americans with Disabilities Act. CTAS offers courses on personnel issues which address these concerns in much greater detail than this course provides. The extent of liability in such a contract action would depend upon the terms of the contract and the damages suffered by the parties. Although the Register and county employees are generally personally immune from actions under the Tennessee Governmental Tort Liability Act. Discriminatory motives or effects should be avoided in every aspect of employment. It is therefore important that counties seek legal advice. Worker's compensation is a statutory scheme for compensating employees who suffer injuries in the scope of their employment. compensation and benefits. the county could be required by the courts to perform a contract according to its terms in an action for specific performance. including hiring. for more in-depth information. the federal Fair Labor Standards Act. Further. Legal Aspects of Personnel Management. the Immigration Control Act. Counties may exempt themselves from providing workers' compensation benefits pursuant to the statutory scheme. Retaliation based on the exercise of a constitutionally or statutorily protected right by an employee must also be carefully avoided. the Register has no personal or 52 . firing should not be based on the exercise of a right such as freedom of speech. However. FICA and FIT withholdings. termination. the county can be held liable for the injuries employees suffer during the course of their employment without the schedule of benefits set in the statutes for workers' compensation claims. both state and federal. particularly under the various federal statutes mentioned earlier. The terminated employees often claim the firing was politically motivated or that the employee was fired as a result of the exercise of first amendment (free speech) rights.

C. defense counsel is often available through an insurance carrier. The Register should work with the County Mayor/Executive and county attorney to determine where exposures are and what can be done to limit the Register’s personal liability risks. including actions for violation of an employee=s civil rights. Also. T. executes a bond payable to the state of Tennessee for the faithful performance of the duties of the office.official immunity from federal actions.A. but a Register may be sued by the surety company to recover the company's loss under most bond agreements. However.C. §§ 8-13-102. T. 53 . Note that many liability policies exclude liability for certain employment matters. 8-13-103. OFFICIAL BONDS The Register. as a practical matter. § 8-13-110. See also T. Additionally.A. A Register can become liable on his or her bond for failure to pay an account owed by the county. This is known as subrogation. § 9-13-117. upon entering office.C. nor so gross as to imply willfulness. and separate insurance policies may be needed. even if the negligence was not willful. the Register may be indicted for a misdemeanor. This may be a separate policy purchased by the Register or part of the county insurance or risk management program. INSURANCE The Register may be able to purchase Aerrors-and-omissions@ insurance to cover liability in some areas.A. there is no provision for a county to provide the cost of defense for most actions in which the Register may be a defendant. upon failure to perform any of the duties of the office in regard to registration of most instruments. The general surety bond protects the county and state up to its limits.

C HAPTER SIX SOURCES OF ASSISTANCE 54 .

At the local level. § 8-7-103(6). Financial Reporting. TN 37219-1804 (615) 532-3555 Regional Offices: UT IPS Regional Office 3119 Bristol Hwy.A. At the state level. 11A (Property). The Department of Revenue. the county attorney may be able to offer assistance. and 12 (Taxes). who are supported by lawyers and other professionals. These are Volumes 3. The local District Attorney General is obligated by law to respond to questions posed regarding the Register's official duties. 8A. whether state tax is due. may be of assistance to the Register in financial reporting matters.C. as not all county attorneys are obligated to assist the Register. The Department offers memoranda on this subject. what fee is due. The County Technical Assistance Service (CTAS) publishes information and emails these items to the Register in the form of technical bulletins and Aspotlight@ memoranda throughout the year.SOURCES OF ASSISTANCE The legal issues which face the Register day-to-day almost always may be solved by reference to statutory law. can assist the Register in administering the state transfer and mortgage taxes. whether the issue is whether or not to accept an instrument. If the Register is unable to solve a problem after reference to the statutes. Office of the Comptroller. Tax Matters. 8D (Corporations). Suite 302 Johnson City. State Level. T. Therefore. 8B (UCC). Division of County Audit. the University of Tennessee’s County Technical Assistance Service provides assistance through the regional county government consultants. the Register should obtain and maintain in current form the most relevant volumes of Tennessee Code Annotated. there are sources of assistance available. where to record or file the instrument. A listing of these offices is as follows: The University of Tennessee County Technical Assistance Service 226 Capitol Boulevard Building. This will vary from county to county. 3A. Local Level. Suite 400 Nashville. or any number of other questions involving personnel and responsibilities toward other officials or the public. Northridge Centre. and its field agents. TN 37601 (423) 282-4141 55 . how to index the instrument. located in Nashville.

TN 38238 (731) 881-7056 Tennessee Department of Revenue 1200 Andrew Jackson Building Nashville. Box 100 175 Clement Hall Martin. TN 37403 (423) 634-2200 The University of Tennessee County Technical Assistance Service 25 West Broad. TN 38501 (931) 525-3535 The University of Tennessee County Technical Assistance Service West Tennessee Center for Agricultural Research Extension and Public Service 605 Airways Boulevard.O. TN 37242 (615) 741-2461 (800) 342-1003 Division of County Audit 505 Deaderick Street James K. TN 38301 (731) 423-3710 The University of Tennessee Martin P.UT IPS Regional Office 744 McCallie Avenue Doctors Building. Polk Building Suite 1500 Nashville. Suite 9 Cookeville. TN 37243-0269 (615) 401-7841 56 . Suite 109 Jackson. Suite 502 Chattanooga.

APPENDIX Duties of Register of Deeds Request For Removal Of Military Discharge Or Redaction Of Social Security Number From A Military Discharge 57 .

the amount of fees received (if any). Enter into the appropriate notebook the required information as listed above.APPENDIX DUTIES OF REGISTER OF DEEDS T. (a) It is the duty of the register to: 1. hour and minute) and the fees received. the book and page or other reference where it is recorded or filed. § 8-13-108.C. 2. A notebook kept for uniform commercial code instruments shall contain the same information. deeds of trust and other instruments affecting interests in real estate.A. no instrument received on a certain day shall be entered into the notebook after instruments received on a later day. This certification shall be entered on each instrument. Duties of office. 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. except that a separate notebook for uniform commercial code instruments may also be kept. the register may add a page to contain the certification. attach this page to the instrument being registered. Carefully preserve as permanent records the recorded copies of all deeds. The information contained in the notebook shall include the names of the grantors. the time it was received. 4. 7. Determine whether each instrument offered for registration is entitled to registration under the laws of this state. However. Record or file the instrument in the appropriate book or record series. 6. 58 . except that the name of the debtor may be substituted for grantor and secured party may be substituted for grantee. 3. The register shall endeavor to make entries into the notebook in the order of time of reception as nearly as practicable. and if the register determines that insufficient space exists on the instrument to enter the certification without overlaying writing on the instrument. If the instrument is accepted for registration. Keep a notebook containing information regarding all instruments registered. the time of receipt (date. 5. and the amount of taxes received (if any). Certify the fact of registration upon every instrument registered. grantees. The notebook information shall be maintained as a permanent record. and this additional page shall be considered a part of the original instrument to be registered. The notebook shall be maintained in a well-bound book or computer storage media in accordance with § 10-7121. note on the instrument the time the instrument is actually received by the register.

A separate set of books. paper. and each page or photograph of such instrument. paper. contracts. (b) 1. 12.. Enter upon a book kept for that purpose any deposition taken to perpetuate testimony. decrees of adjudication of bankruptcy. under any law. and all other instruments required to be registered that are no part of the title or conveyance of any real estate. Procure and keep good and well-bound books. Register. etc. Whenever. document or notice shall be called a “page. together with the order of the judge. each original reel of film thereof kept by the register shall be given a separate number. to be called books of trust deeds.8. and shall be called a “book. 2.” “image” or such similar designation. When a system of microphotography is used to record any instruments. in the order in which they are filed. all mortgages and deeds of trust on personal property. certified copies of petitions in bankruptcy (with schedules omitted). it shall be sufficient for purposes of identification and of compliance with such law or laws that reference be made to such instrument. document or notice by the designation adopted by the register pursuant to the provisions of this section. on tender of the fee allowed for the service. to be called records of bankruptcies. 59 . so as to have real estate titles in books separate from other conveyances. in the order in which they are filed. or both. documents or notices. Procure and keep good and well-bound books. 11. and which shall be indexed as set forth in § 47-9-519. document or notice is to be identified or referred to as recorded in a book or page. in which the register shall register. separately from land titles. in which the register shall register. paper. as to personal property. 13. in which the register shall register. during regular business hours. shall be kept. 10. papers. separately from all other items. leases. powers of attorney. the correction by the clerk of any error or omission in the clerk's certificate of probate or acknowledgment. Exhibit the notebooks and instruments registered to all persons wishing to inspect them. to be called books of commercial secured liens. it is required that an instrument. all liens filed under the Uniform Commercial Code. and Provide a client representation letter to the comptroller of the treasury within ten (10) days of a request for such letter during any audit. 9. and orders of bankruptcy courts approving trustees' bonds which may be tendered for registration.” “film” or “reel” or shall be similarly designated. in the proper book of the register's office. separately from land titles.

Electronic copies of such instruments are to be received within the register's office. part 4. papers. chapter 7. In counties having a metropolitan form of government with a population of four hundred thousand (400. in the establishment of a county records commission.3. All counties having complied with title 10. the office of register of deeds is authorized to implement an automated system for recording deeds and other instruments from remote locations. . reviewed for legibility and form. document or notice was recorded in separate books or film.” The series shall be numbered consecutively beginning with number one (1). 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) 60 (d) (e) 2. 1. 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. part 2. modifications or changes needed to meet legal requirements for recordable form transmitted back to the sender over the system's dedicated lines. 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. paper. date and time is affixed to the document which becomes an officially recorded document and is retained by the register of deeds. chapter 7. additions. with any needed corrections. in their discretion. are hereby authorized to maintain a continuous recording of any and all instruments. Once approved.000) according to the 1960 federal census. fees.000) or more according to the 1990 federal census. The recording and registering of such instruments. (c) In those counties having a population of not less than two hundred thousand (200. taxes. The method implemented shall ensure that such transfer is properly documented and recorded. papers or notices in one (1) general series of books or film to be designated “official record book. the registers of the counties who maintain indexed records in accordance with title 10. documents or notices in the “official record book” imparts notice as required by law in like manner and effect as if the original instrument. a digitized label with the appropriate recording number.000) nor more than four hundred ten thousand (410. be exempt from the duties in subdivision (a)(1) relative to the keeping of notebooks. 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. A copy of the digitized image is then transmitted back to the sender confirming that the recording has been completed. and whose indexes are maintained in chronological order within alphabetical order may.

An assessment of the system by the register. and system backup policies and procedures. cash management and accounting. A description of the integration of the electronic recording system with the register's office other automated systems such as imaging. 61 . according to the 2000 federal census or any subsequent federal census. indexing. The statement shall contain the following information: A.days prior to offering such service. B. 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. I. A description of the computer hardware and software to be utilized. A description of the types of records or documents to be electronically recorded. E. D. B. fee collection. F. C. The review shall include: A. The estimated cost of the system including development and implementation cost. 4. A description of the instrument archive. Responses from a survey of users of the system. A description of the procedures to be used to provide electronic recording of deeds and other instruments electronically transmitted from remote locations. A description of the system security features. document retrieval. C. H. and Any recommendations for improvements to an automated system for recording deeds and other instruments electronically transmitted from remote locations. A description of the register's office personnel who will be responsible for setting up remote users and for monitoring remote access activity. G. (f) In any county having a population in excess of eight hundred ninety thousand (890. and The estimated cost savings of electronic recording of instruments.000).

or any of these.the register may assume the functions and duties of the microfilm. as established by the county commission. public records or archives departments. 62 .

or parent. if there is no living spouse. identify the legal relationship that entitles the person making request to make the request: (check one) (a) (b) The legal guardian of the veteran The spouse or a child or parent of the veteran or. or No. 3.REQUEST FOR REMOVAL OF MILITARY DISCHARGE OR REDACTION OF SOCIAL SECURITY NUMBER FROM A MILITARY DISCHARGE 1. 7. Book and page number or other reference identifying where the military discharge record is recorded in the _____________________ county register's office: Book No. the nearest living relative of the veteran: (c) The personal representative of the estate of the veteran: (d) 4. 2. Full name of veteran: Name of person making request: If not the veteran making the request. Attorney-in-fact Check (a) or (b): (a) (b) Request removal of military discharge record ____ Request redaction of social security identification number on military discharge record (if practicable) ____ 5. Signature of person making request: 63 . child. Page No. Type of military discharge record: 6.

Witness my hand this ___ day of __________.STATE OF TENNESSEE COUNTY OF § § § Personally appeared before me. to remove a military discharge record or redact a social security identification number from a military discharge record. 20 ___. with whom I am personally acquainted (or proven to me on the basis of satisfactory evidence) and who acknowledges that such person executed the within instrument for the purpose of making a request of the register of deeds of _______________ County. Tennessee. excepting microfilm records. _________________________ (person duly authorized to take acknowledgments in [__________________] county). Print Name of Person Taking Acknowledgment Signature [Space for Seal of Office] 64 . the within named __________________.

The Michie Company. The University of Tennessee. 2006. Publishers. Lawrence A. Moynehan. Pivnick. County Government and the Constitutional Convention. 1990. 1989.BIBLIOGRAPHY Black's Law Dictionary. The University of Tennessee. 65 . County Technical Assistance Service. The County Register in Tennessee. Tennessee Circuit Court Practice. 1986. Comptroller of the Treasury. Introduction to the Law of Real Property. Sixth Edition. 1977. County Technical Assistance Service. The Harrison Company. Cornelius J. Office of Local Government. Personnel Policies and the Fair Labor Standards Act. 1998. West Publishing Company. West Publishing Company. Second Edition. February. Tennessee Code Annotated. 1977. Official Edition.

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