official public records - county · electronic or other medium and is retrievable in perceivable...
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Official Public RecordsReview Code References
Disclaimer:
254 counties in Texas
&254 ways of doing things while still following the law
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Why is it called OPR?•Sometime in the 1980’s, legislation was passed that combined all Deed, Deed of Trust, Mechanic’s Liens, Tax Liens, Lis Pendens, Extension of Liens, etc. – which were previously in separate books ‐ together into one group – known as the “Official Public Records” of the county.
What is OPR?Official Public RecordsDeeds, Deeds of Trust,
Affidavits, Liens & Releases, Certified copies of court documents, Oil and Gas Documents, DBAs, etc.
Any document that is signed, properly notarized and not “fraudulent on its face”.
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What you need to have on hand:1. Local Government Code (LGC)
Chapters 191-195
2. Property Code (PC) Chapters 11 – 15
3. County Clerk’s Manual (www.cdcatexas.com)
4. Internet access to look up statutes (law) and AG opinions
https://statutes.capitol.texas.govhttps://www.texasattorneygeneral.gov
5. Phone numbers and email addresses of trusted, seasoned County Clerks whom you can call anytime for help!
From the County Clerk’s Manual:
County Clerk’s Duty - as far as recording goes…..
1. Determine whether the instrument will be accepted for filing* with a complete filing fee.
2. File the instrument3. Record/scan the instrument4. Index the instrument – make accessible to public per LGC 118.024 for free
*And it doesn’t say we make “legal” determination per AG opinion JM-904
Notice it doesn’t say we do a “search”! (Errors & Omissions Insurance does not cover title searches.)
• AG opinion – WW-607 – no duty to search BUT Property Code 14.004(d) says we do certify Fed. Tax Lien searches.
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Prop Code 14.004 (d) Upon request of any person, the filing officer shall issue a certificate showing whether there is on file, on a date and time specified by the filing office, but not a date earlier than three business days before the date the filing office receives the request, any notice of lien or certificate or notice affecting any lien filed under this chapter or filed under the Uniform Federal Tax LienRegistration Act (Subchapter C, Chapter 113, Tax Code) on or after January 1, 1972, naming a particular person, and if a notice or certificate is on file, giving the date and hour of filing of each notice or certificate. The amount of the fee ($15) for a certificate is the same as the amount of the fee provided by Section 9.525(d), Business & Commerce Code. Upon request, the filing officer shall furnish a copy of any notice of federal lien. The fee for a copy furnished under this section is in the amount provided by Section 405.031, Government Code.
Clerks “shall” certify FTL SEARCH
What can we really take & record:1. Original paper documents that had wet signatures and are
properly notarized (Property Code 12.001 & 12.011)
Exceptions are:UCCs (aren’t signed and notarized)Documents from State Agencies may be signed but are not notarized (PC 12.006)
2. Certified copies of orders from a court like AJ’s & Probate cases that have been filed in a court.
3. Plats upon approval from Commissioners’ Court or from a city within your county, Brands, DD214s, Affidavits, Liens, Releases, Power of Attorney, Agreements, Easements, HOA restrictions, DBAs, Deeds, Deeds of Trusts, Contracts, etc.
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Duty of RecorderProperty Code 11.004 & LGC
191.001Record as required by law.Record in the order received
without delay & affix the seal.Give a receipt to customer.Index the Grantors & Grantees. Provide free access to the
Public for viewing.
What is the difference between an Acknowledgement & a Jurat?
Civil Practices and Remedies Code 121.007 –121.010Ensures that the signature can be trusted by the receiving agency but does not swear to the truthfulness or validity of the document.
Acknowledgement – Notary confirms the person who signed by confirming identification i.e. drivers license.
Jurat – Signer swears that certain facts are true before a notary.
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What does an Acknowledgement look like? Civil Practices & Remedy Code 121.007STATE OF TEXASCOUNTY OF ____________Before me, _________(notary name), on this day personally appeared ________(name of signer), known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he(she) executed the same of the purposes and consideration therein expressed. Given under my hand and seal of office this____day of _________, A.D.,20___. ___________________________Notary Public signature date (notary seal)
What does a Jurat look like?Used when signer is swearing to
the content of the document.Civil Practices & Remedies Code
132.001State of Texas
County of ______________
Sworn to and subscribed before me by __________________.
____________________
Notary Public date (seal)
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What is a proper notarization for paper filings?
There has to be an original “wet signature”. If not sure, do the “spit test” on the PAPER document. Property Code 12.0011(b)(1)
Notary signature is required or 2 witnesses. Prop. Code 12.001(b)
Notaries show their # on their stamp.https://notarypublicunderwriters.com/national‐notary‐blog/246‐national‐notary‐faq/883‐notary‐
seal‐requirements‐per‐state
What is electronic notarization?SB2128 Changed our world..Property Code 12PC 12.0013. RECORDATION OF PAPER OR TANGIBLE COPY OF ELECTRONIC RECORD. (a) In this section:(1) "Document" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.(2) "Electronic," "electronic record," and "electronic signature" have the meanings assigned by Section 322.002, Business & Commerce Code.(b) A county clerk shall record a paper or tangible copy of an electronic record that is otherwise eligible under state law to be recorded in the real property records if the paper or tangible copy of the electronic record:(1) contains an image of an electronic signature or signatures that are acknowledged, sworn to with a jurat, or proved according to law; and(2) has been declared by a notary public or other officer who may take an acknowledgment or proof under Section 121.001, Civil Practice and Remedies Code, to be a true and correct copy of the electronic record as provided by Subsection (d).(c) A document that is a paper or tangible copy of an electronic record and is printed and declared to be a true and correct copy as provided by Subsection (d) satisfies any requirement of law that, as a condition for recording, the document:(1) be an original or be in writing;(2) be signed or contain an original signature, if the document contains an image of an electronic signature of the person required to sign the document; and(3) be notarized, acknowledged, verified, witnessed, made under oath, sworn to with a jurat, or proved according to law, if the document contains an image of an electronic signature of the person authorized to perform that act and all other information required to be included.(d) A notary public or other officer who may take an acknowledgment or proof under Section 121.001, Civil Practice and Remedies Code, may declare that a paper or tangible copy of an electronic record is a true and correct copy of an electronic record by:(1) executing and attaching an official seal to a tangible paper declaration under penalty of perjury; and(2) affixing or attaching the declaration to the printed paper or tangible copy of an electronic record
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CPRC 121.001 OFFICERS WHO MAY TAKE ACKNOWLEDGMENTS OR PROOFS.
(a) An acknowledgment or proof of a written instrument may be taken in this state by:(1) a clerk of a district court; (2) a judge or clerk of a county court; (3) a notary public;(4) a county tax assessor-collector or an employee of the county tax assessor-collector if the instrument is required or authorized to be filed in the office of the county tax assessor-collector; or(5) an employee of a personal bond office if the acknowledgment or proof of a written instrument is required or authorized by Article 17.04, Code of Criminal Procedure.(b) An acknowledgment or proof of a written instrument may be taken outside this state, but inside the United States or its territories, by:(1) a clerk of a court of record having a seal; (2) a commissioner of deeds appointed under the laws of this state; or (3) a notary public.
(c) An acknowledgment or proof of a written instrument may be taken outside the United States or its territories by: (1) a minister, commissioner, or charge d'affaires of the United States who is a resident of and is accredited in the country where the acknowledgment or proof is taken;(2) a consul-general, consul, vice-consul, commercial agent, vice-commercial agent, deputy consul, or consular agent of the United States who is a resident of the country where the acknowledgment or proof is taken; or(3) a notary public or any other official authorized to administer oaths in the jurisdiction where the acknowledgment or proof is taken. (d) A commissioned officer of the United StatesArmed Forces or of a United States Armed Forces Auxiliary may take an acknowledgment or proof of a written instrument of a member of the armed forces, a member of an armed forces auxiliary, or a member's spouse. If an acknowledgment or a proof is taken under this subsection, it is presumed, absent pleading and proof to the contrary, that the commissioned officer who signed was a commissioned officer on the date that the officer signed, and that the acknowledging person was a member of the authorized group of military personnel or spouses. The failure of the commissioned officer to attach an official seal to the certificate of acknowledgment or proof of an instrument does not invalidate the acknowledgment or proof
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(e) The form of declaration required under Subsection (d) must be substantially as follows:
DECLARATION OF AUTHENTICITYState of ________________County of _______________The attached document, ________________(insert title), dated ____________ and containing __ pages, is a true and correct copy of an electronic record printed by me or under my supervision. At the time of printing, no security features present on the electronic record indicated any changes or errors in an electronic signature or other information in the electronic record after the electronic record's creation or execution. This declaration is made under penalty of perjury.Signed this ____ day of ________, ____.________________(signature of notary public or other officer)(seal of office)________________(printed name of notary public or other officer)My commission expires: ______________Added by Acts 2019, 86th Leg., R.S., Ch. 678 (S.B. 2128), Sec. 3, eff. September 1, 2019.
Common Sense-Filing in OPRIs it for land in MY county??? Look for field notes or mailing address. Might be land in multiple counties or an adjoining county.
Has it been notarized? Are there any original signatures? Is the notary an electronic one?
Is there enough money enclosed, an escrow account, credit card or Frost-Legal Ease for recording fees. Billing is not allowed per the TX Constitution Article 3 Sec 50.
Is it a document allowed to be recorded?
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Specs for docs – LGC191.007(b)• (b)(1)No wider than 8.5” & no longer than
14” (Legal size except Plats.) • (b)(3)Type is no smaller than 8-point font• (c) Has a heading (Title)• (e) Names legibly typed or printed
under each signature• (f) Black typing on a white background
If not then charge 2x the filing fee for each page violation & send it
back if they haven’t included enough $$$$$$. A return letter is
helpful to explain why the “return”.
11.008(e) A County Clerk may not reject instrument if it fails to comply with (b)-(g) of this section or of the LGC 191.007(k).
KICKER!
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More Specs – Property Code 11
1. Must be in English if document conveys land (PC 11.002).
2. If it’s a deed, the Grantee’s address must be noted on the deed for the tax collector, if not then charge $25 per PC 11.003.
an extra
Notice of Confidentiality Rights clause - Property Code 11.008
Instruments transferring real property must include this NOTICE at top of the first page:
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE
FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN
INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS LICENSE
NUMBERYou can’t reject if is doesn’t!
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SB42 2017 sessionAllows for Judges to ask us to redact their address (if they own land in our county) off any document in OPR that has their address. Is that the legal address or mailing address?
“Judges” are defined as Municipal, District, County Court, County Court at Law, Federal, State Court of Appeals, Criminal Court of Appeals. It also includes spouses. (How do you verify a current spouse?) Property Code 11.008(j)
I created a form for them to complete so we know what documents they want redacted.Could include rent homes & vacation homes.
What do I charge for recording?Local Govt. Code 118.011Personal/Real Property filing page 1 - $5
Records Mgmt/Preservation - up to $10Records Archive Fee - up to $10Security Fee (291.008) - $1______________________________________________________First page up to $26
Each additional page(on which there is a mark)$4For each name in excess of 5 names $.25 per
nameDo NOT charge to add a page for your recording
stamp per 118.011 (a)(2) at the foot of the document.
LGC 118.023(b) Clerk does not file unless fees are paid --- NO CREDIT ALLOWED
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File marking the document
LGC 193.001•File in the order received, •File mark at time of acceptance at
the foot of the instrument, •Certify time and date recorded with county court seal & name of clerk. (NOT COUNTY CLERK SEAL)
Indexing the InstrumentLGC 193.001What is required by law to Index:
Instrument number (if manual)Grantor(s)Grantee(s)
Date of instrument (when it was notarized if manual recording otherwise this is not indexed)
Date filed in your officeNature of the Instrument - Document
TypeVolume & Page (if your office still prints books)
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Grantor-Seller
Grantee-Buyer• A person(s) to whom a grant or conveyance is made
• “Receiver”• Grantee’s address must be included per PC 11.003 or an extra $25 fee can be charged
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Gov. Code 311.016 defines“MAY”, “SHALL”, “MUST”, etc.
The following constructions apply unless the context in which the word or phrase appears necessarily requires a different construction or unless a different construction is expressly provided by statute: (1) “May” creates discretionary authority or grants permission or a power.(2) “Shall” imposes a duty. (3) “Must” creates or recognizes a condition precedent.
Gov. Code 311.016 cont’d
(4) “Is entitled to” creates or recognizes a right.(5) “May not” imposes a prohibition and is synonymous with “shall not”. (6) “Is not entitled to” negates a right. (7) “is not required to” negates a duty or condition precedent.
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Legal DescriptionWritten words that specify a piece of real property - field notes
If the document refers to “Exhibit A” and there is none – use a stamp to note that the exhibit was not attached when filed.
If no legal description, still record and note in index “See Instrument”
Exhibit “A” which are the field notes of the specific details of where the property is located.
EXAMPLE:
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Exceptions?????
Really??????
Seriously???
When do they stop doing this???
IRS filingsAs of 2010….
• The IRS mails as usual the Notice of Federal Tax Lien or Release of Federal Tax Lien.
• The IRS doesn’t send a check, so hold off recording their Lien or Release until $ shows in your bank account since now they transfer $ electronically.
• Check your bank account to see if you have a Direct Deposit from “IRS Treas”
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IRS filings are not notarized
State Agency instruments are not notarized either - Prop. Code 12.006
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An original document is requested to be filed years later. Just accept if original and notarized.
What if a document is presented that has land in another county?Just file it.
Not up to the clerk to make a legal determination of where/why it should be filed unless it is for your county name in another state and they sent to the wrong State.
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AssignmentsGrantor – signer & one(s) who made the loan –the borrowers
Grantee – entity or person the loan is being assigned to
UCC Filings - not signed
Business & Commerce Code Sec. 9.501
Law change in 2001Most are filed with the Sec. of State’s office
Only filed with County Clerk if it has to do with land or a termination.
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Child Support Liens & ReleasesFamily Code 157.315
No charge for Lien or ReleaseGrantor - AG & ObligeeGranatee - Obligor
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MERS – Index as Beneficiary, along with the Lender (bank) as they serve as a “registry system”. (Both are Grantees.)
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Unknown CemeteriesHealth & Safety Code 711.011 requires recording of an unknown cemetery for free.
Person that discovers the cemetery shall file Notice of the Cemetery with the County Clerk
The Notice must contain legal description and approximate location
County Clerk files the Notice in OPR and sends a copy to Texas Historical Commission
Notice of Cemetery Sample
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Return of the original instrument
Local Gov Code 193.012
..“ the County Clerk shall return the original instrument to the person who filed it for record.”No EXCEPTIONS!
Use “Recorders Memorandum” Stamp – if an
unreadable/unreproducible copy
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What should NOT be filed in Official Public Records?
• Military Discharge Records – they are “closed” records by law –LGC 192.002 (2003 law change) – unless your software has a “Private” button for images, then you could file in OPR and public can see the index but not the image.
• Letters Testamentary (Ag opinion H‐410)
• Medical Directives and Medical Power of Attorney
• Un‐probated Will (Ag opinion M‐511), unless attached to an Affidavit of Heirship
Do not file anything fraudulent on its face! Let your Co. Atty. or Dist. Atty. review if questionable. Don’t file unless they tell you to.
Birth & Death Certificates
Gov. Code 552.115: EXCEPTION: CONFIDENTIALITY OF BIRTH AND DEATH RECORDS. (a) A birth or death record maintained by the bureau of vital statistics of the Texas Department of Health or a local registration official is excempted from the requirements of Section 552.0215, except that:(1) a birth record is public information and available to the public on and after the 75th anniversary of the date of birth as shown on the record filed with the bureau of vital statistics or local registration official but must apply with application for a copy;(2) a death record is public information and available to the public on and after the 25th anniversary of the date of death as shown on the record filed with the bureau of vital statistics or local registration official but must apply with application for a copy;
Some clerks allow BC & DC attachments as an exhibit to an Affidavit or if from another state.Once those anniversary dates are passed, you can record it but the filer should be cautioned that recording it makes it an open record perhaps viewable on the world wide web.
What should NOT be filed in Official Public Records?
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Fraudulent Filings – Gov. Code 51.901
Fraudulent FilingsGov. Code 51.901
Example:
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Fraudulent FilingsGov. Code 51.901
Example:
More Fraudulent Documents:
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Redaction...or…
Why didn’t you fix this before you filed it????
Gov. Code 552.147Requestor fills the Request form out – they do the research to tell you what instrument(s) they want redacted.
Does not apply to DL # only SSN.
Make a copy of the original version from your computer or out of the book.
Redact all but the last 4 digits of the Social Security number.
Re-scan and/or copy into your book, the redacted version.
Keep the original version in a file – somewhere out of public site.
Redaction Request formFind the Redaction Request form:http://www.cdcatexas.org/Resources/FormLibrary
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OPR the Unintended Consequences of Privacy Redaction Requests…….
Personal Information related to Privacy concerns: Social Security Numbers Home address State ID card numbers Driver’s license numbers Credit or debit card#s Bank and financial account numbers Login and password credentials
Redaction of Public Land Records is not an effective solution: Real Estate purchases will have significant delays because
ownership cannot be determined from public land records. Redaction can create a gap in the chain of ownership which
presents opportunities for fraudulent land transactions. Lenders can’t lend without ability to document and prove land
ownership. Construction businesses may have a difficult time filing
successful Mechanic’s Liens. Title Insurers will be unable to determine lien priority using OPR. Tax bills being sent to the correct landowner could be
challenging…therefore county ad valorem tax revenue may decrease which will effect availability of county services.
It is your responsibility:-to have a policy and process to store and restore unredacted versions and keep in a secure location any backups of those unredacted copies for the property owners and future real estate transactions.-to have a procedure when staff redacts the wrong information.
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Can I undo or void a recording?
NO! NO! NO! There is NO statute (law) that allows you to remove an instrument that has been filed.
TX State Library states OPR is PERMANENT and they issue schedules of our records per Government Code 441.158 stating such: https://www.tsl.texas.gov/slrm/recordspubs/cc.html
To correct a recorded document, another instrument must be filed noting the correction. Example: Corrected Deed,
Corrected Deed of Trust, Correction Affidavit.
Even a Judge should not order a document expunged or removed – should only issue an order that a document is null and void. The order can then be recorded. They could file an expungement through the District Clerk’s office.
DO WE WANT TO GO THERE??????
Public AccessLocal Gov Code 191.006 – All records belonging to the office of the County Clerk to which access is not otherwise restricted by law or by court order shall be open to the public at all reasonable times.
Official Public Records are open records to the public. If your records are on a website, it is helpful to post a sign that filings will be on the internet in 48 hours.
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Electronic Filing& Recording
Local Gov Code 191.009 A County Clerk MAY accept electronic documents and other instruments by electronic filing and record the electronic documents and other instruments electronically if the filing or recording complies with the rules adopted by the Texas State Library and Archives Commission under Chapter 195.
Who may file electronically?Persons authorized to file electronically :
LGC 195.003 (a) the following persons MAY file electronic documents for recording with a county clerk who accepts electronic filing and recording under this chapter:
1) an attorney licensed in THIS State; (State Bar)2) a bank, savings & loan association, savings bank or credit union doing business under laws of the US or THIS State; (Dept. of Insurance)3) a federally chartered lending institution, a federal government-sponsored entity, an instrumentality of the federal government
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or a person approved as a mortgagee by the US to make federally insured loans;4) a person licensed to make regulated loans in THIS state;5) a title insurance company or title insurance agent licensed to do business in THIS state; (Dept. of Insurance)6) an agency of THIS state;7) a municipal clerk.
Who may file electronically?(cont’d)
The Texas Board of Insurance shows title companies approved for business in Texas.
The Texas Bar website shows attorneys approved to do business in this state.
UNAUTHORIZED USERS: Lawn care service, bail bonding and PI’s, oil and gas auction firms, oil well mngnt, commercial lien filing services, kitchen cabinet installation companies, collection agencies, public records research companies, out of state law firms, building supply companies, property mngtfirms, etc.
How do you know if they can file thru Simplifile, eRecording
Partners, etc.
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Best Practice: Have a signed MOU(Memo of Understanding)•Each Electronic Service Provider needs to sign as well as each of their customers so you know who they are. Otherwise the ESP’s can and will take anybody who wants to record documents in Texas electronically despite Texas law!!
•Your software company and you or County Judge signs the MOU.
Plats Property Code 12 & Local Govt Code 232
• For formal subdivisions or if an owner divides a tract into 2 or more parts per your Subdivision Regulations…
• Determine if plat should be approved by a city or by the county per Prop. Code 12.002 :
• Generally, if the property is within the city limits or ETJ , the city approves.
• If in an unincorporated area, the Commissioners’ Court approves in court.
• Must have an original tax certificate attached showing no taxes are owed on the property per Property Code 12.002(e). Do we research the owner? General requirements are set out in your county Subdivision Regulations by the county engineer
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Amending a Plat Local Govt Code
232.011Local Govt. Code 232.011To correct an error,Signed by the same applicants,Approved by the City if within city limits or their ETJ or approved by is outside city limitsFiled as a separate plat, not with the original.
Re-plats Local Govt Code 212.014 -
212-0155
•Approved by city (if within city limits or their ETJ) or by the county if rural.
•Filed as a new plat.
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Vacating a Plat – LGC 212.013
Instrument to vacate is filed in OPR
Clerk writes “VACATED” on original plat
Clerk notes volume & page of the vacating instrument when recorded on the original plat.
Cancellation of SubdivisionLGC 232.008
Commissioners’ Court approves an instrument to be canceled-Co Judge signs.
Order to cancel is filed in the Comm. Court minutes (if they create Orders).
Order to cancel is filed in OPR.
Best practice – also file copy of cancellation with the original plat of the subdivision.
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ASSUMED NAMES/DBABUSINESS & COMMERCE CODE Sec. 71.151
DURATION AND RENEWAL OF CERTIFICATE. (a) A certificate is effective for a term not to exceed 10years from the date the certificate is filed.(b) A certificate is void at the end of the certificate’s stated term, unless within six months preceding the certificate’s expiration date the registrant files in the office of a county clerk or the secretary of state, if applicable, a renewal certificate complying with the requirements of this chapter for an original certificate.(c) A registrant may renew a certificate under this section for any number of successive terms, but each term may not exceed 10 years.
ASSUMED NAMES/DBABUSINESS & COMMERCE CODE Sec. 71.153.
ABANDONMENT OF USE OF BUSINESS OR PROFESSIONAL NAME. (a) A registrant who has filed a certificate under this chapter and who ceases to conduct business or render professional services in this state under the assumed name stated in the certificate may file a statement of abandonment of use of the assumed name in the office in which the registrant’s certificate was filed.
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ASSUMED NAMES/DBABUSINESS & COMMERCE CODE Sec. 71.155
FILING FEES. (a) The county clerk shall collect a fee of:(1) $2 for filing each certificate or statementrequired or permitted to be filed under this chapter; and(2) 50 cents for each name to be indexed.
ASSUMED NAMES/DBABUSINESS & COMMERCE CODE Sec. 71.156 PRESCRIBED FORMS. (a) The Secretary of State may prescribe a form to be used for filing a certificate or statement that complies with this chapter in the secretary’s office or in the office of any county clerk in this state.(b) Unless otherwise specifically provided by law, the use of a form prescribed under this section is not mandatory.
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Sec. 71.103. PLACE OF FILING. (a) A corporation, limited partnership, limited liability partnership,limited liability company, or foreign filing entity required to file a certificateunder Section 71.101 shall file the certificate in the office of the
secretary of state.
(b) Repealed by Acts 2019, 86th Leg., R.S., Ch. 900 (H.B. 3609), Sec. 2, eff. September 1, 2019.(c) Repealed by Acts 2019, 86th Leg., R.S., Ch. 900 (H.B. 3609), Sec. 2, eff. September 1, 2019.
BUSINESS & COMMERCE CODE
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Attorney General (AG) OpinionsWW – 607 Not a duty to search records or
guarantee the correctness thereof.
H-410 Letters Testamentary are NOT recordable instruments. Can’t issue certified copies!
JM-904 Not a clerks’ responsibility to determine effect or legality of a document.
M-511 Cannot file an unprobated will by itself, but it can be attached to an Affidavit of Heirship.
JM-883 County Clerk is not to determine the sufficiency of a jurat.
Recording certified copies from another clerk’s office:• Certified copies are considered to be “equal” to the original document recorded in your records.
• Marking through or changing a certified copy alters it and it can NOT be recorded as it is no longer a true and correct copy of what is in your records.
• You cannot accept for recording a certified copy that has been taken apart and a page inserted into it or had the pages switched around.
• A certified copy can be an exhibit to an Affidavit explaining a correction.
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Certified CopiesMust be an original stamp. If in doubt, call that clerk’s office to verify.
Best practice is to place a stamp on each page stating Page __ of __.
Certified copies must have a stamp from you stating it is a true and correct copy of what you have recorded in your
office or similar wording.
Last page only!On every page!
