Assembly Bill No. 459–Committee on Government Affairs

 

(On Behalf of the Attorney General)

 

March 24, 2003

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Authorizes county recorder to deny recordation of certain documents. (BDR 20‑283)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to county recorders; authorizing a county recorder to deny recordation of certain documents; providing for judicial review of such a denial; prohibiting a person in certain circumstances from resubmitting a document for recordation that had been denied recordation previously; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 247.100 is hereby amended to read as follows:

1-2  247.100  Each county recorder shall:

1-3  1.  [Record] Except as otherwise provided in NRS 247.145,

1-4  record each document in the order in which it is received;

1-5  2.  Maintain a record of all transactions conducted within the

1-6  office and a record of all fees collected; and

1-7  3.  Make the records maintained pursuant to subsection 2

1-8  available for public inspection during regular business hours.

1-9  Sec. 2.  NRS 247.110 is hereby amended to read as follows:

1-10      247.110  1.  When a document authorized , entitled or

1-11  required by law to be recorded is deposited in the county recorder’s

1-12  office for recording, the county recorder shall:

1-13      (a) Endorse upon it the time when it was received, noting:

2-1       (1) The year, month, day, hour and minute of its reception;

2-2       (2) The document number; and

2-3       (3) The amount of fees collected for recording the document.

2-4  (b) Record the document without delay, together with the

2-5  acknowledgments, proofs and certificates, written upon or annexed

2-6  to it, with the plats, surveys, schedules and other papers thereto

2-7  annexed, in the order in which the papers are received for recording.

2-8  (c) Note at the upper right corner of the record and upon the

2-9  document, except a map, so recorded the exact time of its reception

2-10  [,] and the name of the person at whose request it was recorded.

2-11      (d) Upon request, place a stamp or other notation upon one copy

2-12  of the document presented at the time of recording to reflect the

2-13  information endorsed upon the original pursuant to subparagraphs

2-14  (1) and (2) of paragraph (a) and as evidence that he received the

2-15  original, and return the copy to the person who presented it.

2-16      2.  In addition to the information described in paragraph (a) of

2-17  subsection 1, a county recorder may endorse upon a document the

2-18  book and page where the document is recorded.

2-19      3.  [A county recorder shall not refuse to record a document on

2-20  the grounds that the document is not legally effective to accomplish

2-21  the purposes stated therein.

2-22      4.] A document, except a map, that is submitted for recording

2-23  must:

2-24      (a) Be on paper that is 8 1/2 inches by 11 inches in size;

2-25      (b) Have a margin of 1 inch on the left and right sides and at the

2-26  bottom of each page; and

2-27      (c) Have a space of 3 inches by 3 inches at the upper right

2-28  corner of the first page and have a margin of 1 inch at the top of

2-29  each succeeding page.

2-30      4.  A document is recorded when the information required

2-31  pursuant to this section is placed on the document and is entered

2-32  in the record of the county recorder.

2-33      Sec. 3.  NRS 247.120 is hereby amended to read as follows:

2-34      247.120  1.  [Each] Except as otherwise provided in NRS

2-35  247.145, each county recorder shall, upon the payment of the

2-36  prescribed statutory fees, record separately, in a manner which will

2-37  allow a legible copy to be made, the following specified documents:

2-38      (a) Deeds, grants, patents issued by the State of Nevada or by

2-39  the United States, transfers and mortgages of real estate, releases of

2-40  mortgages of real estate, powers of attorney to convey real estate,

2-41  and leases of real estate which have been acknowledged or proved.

2-42      (b) Certificates of marriage and marriage contracts.

2-43      (c) Wills admitted to probate.

2-44      (d) Official bonds.

2-45      (e) Notice of mechanics’ liens.

3-1  (f) Transcripts of judgments which by law are made liens upon

3-2  real estate in this state and affidavits of renewal of those judgments.

3-3  (g) Notices of attachment upon real estate.

3-4  (h) Notices of the pendency of an action affecting real estate, the

3-5  title thereto or the possession thereof.

3-6  (i) Instruments describing or relating to the separate property of

3-7  married persons.

3-8  (j) Notice of preemption claims.

3-9  (k) Notices and certificates of location of mining claims.

3-10      (l) Affidavits of proof of annual labor on mining claims.

3-11      (m) Affidavits of intent to hold mining claims recorded pursuant

3-12  to subsection 3 of NRS 517.230.

3-13      (n) Certificates of sale.

3-14      (o) Judgments or decrees.

3-15      (p) Declarations of homesteads.

3-16      (q) Such other writings as are required or permitted by law to be

3-17  recorded.

3-18      2.  Each of the documents named in paragraph (a) of subsection

3-19  1 may be recorded in separate books in the discretion of the county

3-20  recorder.

3-21      3.  Before accepting for recording any document enumerated in

3-22  subsection 1, the county recorder shall require a document suitable

3-23  for recording by a method used by the recorder to preserve his

3-24  records. If any rights may be adversely affected because of a delay

3-25  in recording caused by this requirement, the county recorder shall

3-26  accept the document conditionally subject to submission of a

3-27  suitable document at a later date. Before accepting a document

3-28  conditionally, the recorder shall require the person who requests the

3-29  recording to sign a statement that the person has been advised of the

3-30  requirements described in this subsection and record the statement

3-31  with the document.

3-32      Sec. 4.  NRS 247.145 is hereby amended to read as follows:

3-33      247.145  1.  County recorders may record any document

3-34  authorized, entitled or required by law to be recorded when

3-35  presented for recording.

3-36      2.  A [document is recorded when the information required

3-37  pursuant to NRS 247.110 is placed on the document and is entered

3-38  in the record of the county recorder.] county recorder may deny a

3-39  request to record a document if, within 2 judicial days after

3-40  presentation of the document, the recorder determines that the

3-41  document is unauthorized, falsified or otherwise may not be

3-42  lawfully recorded. If a recorder fails to make such a determination

3-43  within the specified period, the recorder shall record the document

3-44  as soon as practicable, unless otherwise ordered by a court.

4-1  3.  A county recorder who denies a request to record a

4-2  document pursuant to subsection 2 shall retain a copy of the

4-3  document and, within 2 judicial days after he denies the request,

4-4  shall provide the requester with written notice, on a form

4-5  prescribed by the county recorder, of:

4-6  (a) The reason that the recorder is denying the recordation of

4-7  the document;

4-8  (b) The right of the requester to judicial review of the denial;

4-9  and

4-10      (c) The criminal penalty set forth in subsection 5.

4-11  If a recorder fails to provide the notice required by this subsection

4-12  within the specified period, the recorder shall record the document

4-13  as soon as practicable, unless otherwise ordered by a court.

4-14      4.  If a request to record a document is denied pursuant to

4-15  subsection 2, the requester may apply to the district court in the

4-16  county in which the request was denied for an order to record the

4-17  document. The court shall give this matter priority over other civil

4-18  matters to which priority is not given by other statutes. If the

4-19  requester prevails:

4-20      (a) He is entitled to recover from the county recorder any

4-21  filing fees that he paid related to the proceeding.

4-22      (b) The county recorder shall record the document as soon as

4-23  practicable.

4-24      5.  If a county recorder denied recordation of a document

4-25  pursuant to subsection 2, a person shall not resubmit the

4-26  document for recordation unless the document has been modified

4-27  in such a manner that it may be lawfully recorded or the person

4-28  has obtained a court order pursuant to subsection 4. Unless a

4-29  greater penalty is provided by NRS 239.330, a violation of this

4-30  subsection is a misdemeanor.

4-31      6.  Except as otherwise provided in paragraph (a) of

4-32  subsection 4, a county recorder who acts in good faith in denying

4-33  recordation of a document pursuant to this section is immune

4-34  from liability for damages to the requester or any person whom

4-35  the document concerns or affects.

4-36      Sec. 5.  NRS 247.180 is hereby amended to read as follows:

4-37      247.180  1.  Except as otherwise provided in NRS 111.312[,]

4-38  and 247.145, whenever a document conveying, encumbering or

4-39  mortgaging both real and personal property is presented to a county

4-40  recorder for recording, the county recorder shall record the

4-41  document. The record must be indexed in the real estate index as

4-42  deeds and other conveyances are required by law to be indexed, and

4-43  for which the county recorder may receive the same fees as are

4-44  allowed by law for recording and indexing deeds and other

5-1  documents, but only one fee for the recording of a document may be

5-2  collected.

5-3  2.  A county recorder who records a document pursuant to this

5-4  section shall, within 7 working days after he records the document,

5-5  provide to the county assessor at no charge:

5-6  (a) A duplicate copy of the document and any supporting

5-7  documents; or

5-8  (b) Access to the digital document and any digital supporting

5-9  documents.

5-10      Sec. 6.  NRS 247.200 is hereby amended to read as follows:

5-11      247.200  A document affecting real property must be recorded

5-12  in the office of the county recorder of the county in which the real

5-13  property is situated. [A county recorder may refuse to record a

5-14  document affecting real property if the real property is not located

5-15  within the county.]

5-16      Sec. 7.  NRS 247.320 is hereby amended to read as follows:

5-17      247.320  1.  A county recorder shall:

5-18      (a) [Record] Except as otherwise provided in NRS 247.145,

5-19  record deeds of conveyances and judgments vesting or perfecting

5-20  title in the United States; and

5-21      (b) Provide one certified copy of the official record to the

5-22  interested government representative.

5-23      2.  A county recorder shall not charge fees for the services

5-24  required by this section.

5-25      Sec. 8.  NRS 247.410 is hereby amended to read as follows:

5-26      247.410  A county recorder is liable to a party aggrieved for

5-27  three times the amount of the damages that may be occasioned

5-28  thereby if the county recorder:

5-29      1.  Neglects or refuses to record a [recordable] document that is

5-30  authorized, entitled or required by law to be recorded within a

5-31  reasonable time after receiving the document;

5-32      2.  Records a document willfully or negligently, untruly or in

5-33  any other manner than is directed in this chapter;

5-34      3.  Neglects or refuses to maintain in his office such indexes as

5-35  are required by this chapter, or to make the proper entries therein; or

5-36      4.  Alters, changes or obliterates any record or any filed

5-37  document deposited in his office, or inserts any new matter therein.

 

5-38  H