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San Juan County RecorderFREQUENTLY ASKED QUESTIONSHow do I get a deed prepared?
How do I get a deed prepared?The County Recorder's office does not prepare legal documents, we only record properly signed and notarized documents. As the documents recorded in this office are legally binding executions of particular form, we recommend that patrons do not attempt to create documents on their own, although the law does allow this. We refer patrons to professionals, such as Attorneys or Real Estate Title Companies for document preparation. I Know what I'm doing, Where do I get ‘‘do it yourself'' deed forms?Many forms such as Quit-Claim Deeds or Liens are available at office supply or stationery stores. Others, such as affidavits have no set form, an existing example of these can sometimes be copied. What is Tenancy?Tenancy, simply put, is the way that real property is held of record. There are two common types, Joint Tenancy, where two or more individuals hold property jointly, or Tenancy in Common, where each individual holds a separate interest in the property. Tenancy can make a major difference in how property is handled in the event of the death of a title holder. For instance, say John and Mary Smith took title to their property as; John and Mary Smith, Husband and Wife, as Joint Tenants. Should John die, Mary has only to record a simple Affidavit of Identity with a certified death certificate attached in order to receive title in her name alone. (See ‘‘Affidavits'' under the recording requirements section for more information). However, had John and Mary received title as Tenants in Common, Johns death would mean that his estate would have to be probated in order to determine the heirs of his interest. We refer the public to Qualified professional council for other Financial or legal ramifications of Tenancy. What about Property held in trust?Family, Marital, and Living Trusts are becoming very popular among persons holding considerable assets. For Questions regarding setting up Trusts, naming surviving or successor trustees or transferring properties within, or into and out of trusts, we recommend the public refer back to the Attorney that set up the trust initially. When does a document require city or county acceptance?Any time title of Real Property is being transferred to San Juan County or to any city within the county, the deed causing the transfer must contain a seal or signature of an authorized individual to prove that the city or county is aware of and accepts the transfer. This Deed, lien or other Document was recorded in error or fraudulently. Why did the Recorder's office accept and record it?By State Law the County Recorder's office must accept for recording any document presented, as long as it is of proper form, legible, properly signed and duly notarized, and the proper fee is tendered. The office is not responsible for policing the validity or intent of any document recorded. NOTICE: THE ACCURACY OF THE DOCUMENTS YOU RECORD IS YOUR RESPONSIBILITY. IF CORRECTION DOCUMENTS NEED TO BE RECORDED, ANOTHER RECORDING FEE WILL BE CHARGED.When may the Recorder's office refuse to record a document?The Recorder's office should refuse to record a document that is unreadable or not sufficiently legible to make clear copies or that does not contain a complete legal description of the property affected. (UTAH CODE 57-3-10 & 57-3-11) Additionally, the office may refuse to record a document that is improperly notarized or signed. Liens must contain a valid phone number and address for the lienor, and documents that change title must contain a good mailing address for the grantee. In some cases the document may be accepted for recording over the objections of the recorder's office, if said recording is demanded by the presenting party. In this case, acceptance of the document by the office does not in any way imply that the document will have its desired legal effect. |
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