Recording Issues Across the States, Are We More Different than Similar?

1. Recording Issues Across the States, Are We More Different than Similar? Focusing on OH, WV, PA, TX, OK, ND, and CO

2. History of Recording Livery of Seisin Turf and Twig Ceremony Importance of Recording

3. Recorder’s Rules and Procedures • Large Crowds Resulting in Record Room Rules • Capacity Limit • Time Quota • Sign-up sheets • Line • Company Team Size Limitations • Know the rules and procedures before arrival • Arrive late and you may not get access

4. Examples • Capacity Limits and Time Quotas : • Tyler County, West Virginia • Doddridge County, West Virginia • Nobel County, Ohio • Sign-up sheets: • Doddridge County, West Virginia • Lines: • Tyler County, West Virginia • Noble County, Ohio • Company limitations: • Greene County, Pennsylvania

5. Horror Stories • Fights among abstractors and threats to the staff • Increased security presence • Tyler County Camping

6. Tips For Success • Know the rules and procedures of the Clerk • Prepare and plan before arriving • Be polite and courteous to everyone in the Clerk’s Office • Avoid bribery and corrupt practices • Giving of anything that could result in the clerk’s extending extra benefits or anything that may reasonably be regarded as such • Applies to any tangible or intangible benefit • In WV it can be a 1-10 year Felony and for a corporation$50,000 in fines

7. Using the Records

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

9. Indexing • Indices May Vary By County: • Russell Index (1838-1920) and Family Name Index (1920-Present) • Paper indices use Russell Index and computers use Family Name Index. • Completely paperless with three different computer systems for three time periods with different search features.

10. Indexing Cont. • Daily Fee • Name variations: • “St. Clair” could be StClair, St. Claire, etc. • Church and School Indexing: • United Methodist Church • Is it indexed under C, U, M or under the individual church trustee’s name? • Grant District Board of Education (Harrison County) • Is it indexed under G, B, S or H?

11. Horror Stories You can only access the landbooks during a two hour time frame on Fridays or by appointment. You can only access the Chancery Books every Monday from 12-2 Lis Pendens are in the “Articles of Incorporation Book 3” Attorney who falsely recorded deeds made in favor of family members after a courthouse fire

12. Tips for Success Always get to know your surroundings and the nuisances of a county Check for notices or other information posted in the Record Room Ask colleagues what to expect Request a brief tour from a Deputy Clerk Develop good relationships with staff and other abstractors!

13. Recording Documents

14. Clerk’s Rules • Many County Clerk’s have unique specifications (not uniform throughout state) • Document margins • Paper type used • How many documents a company can record per day • How many leases can be included in each assignment

15. Clerk’s Rules • Some Clerk’s will let you pay a penalty to record • Recording fees are not consistent • Fees can vary based on page, document, and document type (i.e. assignment, deed, will, etc.) • Bottom line: Clerk’s have the final say as to whether they will record a document or not

16. Horror Stories Multiple attempts to record the same document Recording of affidavits and out of state wills Requesting a copy of a title opinion Requiring a signature on a document that by statute did not require a signature Seeking advice from a local attorney

17. Tips for Success • Know the rules and requirements before you attempt to record: • Fees and accepted payments • Requirements for margins and paper type • Limitations on daily recording • Seek advice from a colleague that has recorded in that county • Be patient and courteous with the Clerk throughout the process • Do not burn bridges

18. The Recording Acts

19. Let’s Start in the Beginning Colonel Edwin Drake (on right) in front of a wooden oil derrick

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

21. Document Guidelines Paper size – 8½ x 11 or 8½ x 14 White or manila paper Minimum font size – 10 point Must be TYPED in BLACK ink Minimum 1 inch margin for deeds Documents with tape, glue, staples, correctional fluid, or highlighted areas will not be accepted

22. Birthplace of “Big Oil” John D. Rockefeller

23. Basic Info Race – Notice State Recorder’s Office Grantor/Grantee index in most counties Section, Range, Township and Metes and Bounds Other Offices: Engineer, Auditor, Clerk of Court Special Document Guidelines

24. Document Guidelines Minimum font size – 10 point Minimum paper size – 8½ x 11, Maximum paper size – 8½ x 14 Black or Blue ink ONLY No use of highlighting Margins of 1 inch on each side of the page and on the bottom 3 inch margin on the top of the first page, reserved for recorder, auditor & engineer 1½ inch margin on the top of each of the remaining pages

25. King Coal Long Wall Mining

26. Basic Info Notice State County Clerk’s Office Grantor-Grantee Index No Specific Document Guidelines Found

27. TEXAS Anthony Francis Lucas & Lucas Gusher at Spindletop

28. Basic Info Notice State Clerk & Recorder’s Office Grantor-Grantee Index Special Document Guidelines

29. Document Guidelines Minimum font size – 8 point Maximum paper size – 8 ½ x 14 Be of quality that printing, typing, or handwriting on it will not smear or bleed through Identifying by clear heading at thetop of the first page

30. More Guidelines Names typed or printed under signatures Riders comply with size, weight, type size Only 1 Rider may be attached per page

31. Sooner is better than later Glenn Pool

32. Basic Info Notice State County Clerk’s Office Tract Index Must describe the property by its specific legal description (addition, block & lot, section, township, range, and metes & bounds if necessary) Special Document Guidelines

33. Document Guidelines 1 inch margin at the top ½ inch for all other margins(3 inch top margin is ideal) Maximum paper size – 8 ½ x 14 Must have blank area for affixation of documentary stamps, certification of the payment of mortgage tax, and recording information Dark ink ONLY

34. Looking for a Career Change? $15/hr to serve tacos - $25/hr to wait tables - $80K/yr to drive a truck

35. Basic Info Race-Notice State Recorder’s Office Tract Index Legal description must be considered adequate by recorder Special Document Guidelines

36. Document Guidelines A blank space of at least 4 x 3½ inch must be left on the first or last page Maximum paper size – 8 ½ x 14

37. Tweeting Used to Save Lives Coal Miner’s Canary

38. Basic Info Race-Notice State Clerk & Recorder’s Office Grantor-Grantee Index Special Document Guidelines

39. Document Guidelines At least 1 inch margin on the top and bottom of the page At least ½ inch margin on each side of the page Deeds - mailing address for Grantee Return address for original document Documents do not need to be acknowledged

40. Electronic Recording Processed through certain vendors – fill out template and attach document Reduces processing time, saves costs in postage & shipping, results in fewer rejections and quicker corrections Fees are automatically calculated and payable online

41. Tim McKeenMemberSteptoe & Johnson PLLC(304) 231-0473 timothy.mckeen@steptoe-johnson.com Diana PrulhiereAssociateSteptoe & Johnson PLLC(303) 389-4365 diana.prulhiere@steptoe-johnson.com