Monday, March 19, 2007

HB-07152 Proposed Changes by Town Clerks

General Assembly - Raised Bill No. 7152
January Session, 2007 LCO No. 4124

*04124_______JUD*

Referred to Committee on Judiciary
Introduced by:
(JUD)

AN ACT CONCERNING THE RECORDING OF INSTRUMENTS BY TOWN CLERKS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Subsection (b) of section 52-380d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007): (b) A release of a judgment lien on real property is sufficient if (1) [it] the release specifies the names of the judgment creditor and judgment debtor, the date of the lien, and the town and volume and page where the judgment lien certificate is recorded, and (2) the signature of the lienholder, attorney or personal representative is acknowledged and witnessed in the same manner as a deed on real property. The town clerk with whom the lien was recorded shall note such release as by law provided and shall index the record of each such release under the name of the judgment creditor and judgment debtor, except that a manual notation of such release shall not be required if such town clerk notes such release electronically by means of a computerized notation that links such release to the recorded judgment lien certificate.

Sec. 2. Section 7-24 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2008):

(a) Each town clerk who is charged with the custody of any public record shall provide suitable books, files or systems, acceptable to the Public Records Administrator, for the keeping of such records and may purchase such stationery and other office supplies as are necessary for the proper maintenance of [his] the town clerk's office. Such books, files or systems, and such stationery and supplies shall be paid for by the town, and the selectmen of the town, on presentation of the bill for such books and supplies properly certified to by the town clerk, shall draw their order on the treasurer in payment for the same. [Every] Each person who has the custody of any public record books of any town, city, borough or probate district shall, at the expense of such town, city, borough or probate district, cause them to be properly and substantially bound. [He] Such person shall have any such records which have been left incomplete made up and completed from the usual files and memoranda, so far as practicable. [He] Such person shall cause fair and legible copies to be seasonably made of any records which are worn, mutilated or becoming illegible, and shall cause the originals to be repaired, rebound or renovated, or [he] such person may cause any such records to be placed in the custody of the Public Records Administrator, who may have them repaired, renovated or rebound at the expense of the town, city, borough or probate district to which they belong. Any custodian of public records who so causes such records to be completed or copied shall attest them and shall certify, under the seal of [his] such custodian's office, that they have been made from such files and memoranda or are copies of the original records. Such records and all copies of records made and certified to as provided [for] in this section and on file in the office of the legal custodian of such records shall have the force of the original records. All work done under the authority of this section shall be paid for by the town, city, borough or probate district responsible for the safekeeping of such records, but in no case shall expenditures exceeding three hundred dollars be made for repairs or copying records in any one year in any town or any probate district comprising one town only, unless the same are authorized by a vote of the town, [nor] or in any probate district [composed of] comprising two or more towns, unless the same are authorized by the first selectmen of all the towns included in such district.

(b) There shall be kept in each town proper books, or in lieu thereof a recording system approved by the Public Records Administrator, in which all instruments required by law to be recorded shall be recorded at length by the town clerk within thirty days from the time they are left for record.

(c) The town clerk shall, on receipt of any instrument for record, write thereon the day, month, year and time of day when [he] the town clerk received it, and the record shall bear the same date and time of day; but [he] the town clerk shall not be required to receive any instrument for record unless the fee for recording it is paid to [him] the town clerk in advance, except instruments received from the state or any political subdivision thereof. [, and, when he] When the town clerk has received [it] any instrument for record, [he] the town clerk shall not deliver it up to the parties or either of them until it has been recorded. When any town clerk has, upon receiving any instrument for record, written thereon the time of day when [he] the town clerk received it [as well as] and the day and year of such receipt, and when any town clerk has noted with the record of any instrument the time of day when [he] the town clerk received the record, such entries of the time of day shall have the same effect as other entries that are required by law to be made.

(d) Each town clerk shall also, within twenty-four hours of the receipt for record of any such instrument, enter in chronological order according to the time of its receipt as endorsed thereon, (1) the names of sufficient parties thereto to enable reasonable identification of the instrument, (2) the nature of the instrument, and (3) the time of its receipt.

(e) If the town clerk receives an instrument for record which [in his opinion he] the town clerk deems to be illegible, [he] the town clerk shall record such instrument, write thereon that it is being recorded as an illegible instrument and, if there is a return address appearing on such illegible instrument, give notice to the return addressee that a legible instrument should be submitted for rerecording forthwith. The fact that the town clerk records the instrument as an illegible instrument shall not affect its priority or validity.

(f) Each instrument for record shall have a blank margin, that shall be not less than three-fourths of an inch in width, surrounding each page of the instrument. Each such instrument that is to be recorded in the land records shall have a return address and the name and address of the preparer of the instrument appearing at the top of the front side of the first page of the instrument. The town clerk shall not refuse to receive an instrument for record that does not conform to any requirement set forth in this subsection, and the fact that the town clerk records an instrument that does not conform to any requirement set forth in this subsection shall not affect its priority or validity.

Sec. 3. Section 7-29 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

When any town clerk has recorded any instrument that the town clerk knows to be a release, partial release or assignment of a mortgage or lien recorded on the records of such town, the town clerk shall make a notation on the first page where such mortgage or lien is recorded, stating the book and page where such release, partial release or assignment is recorded, except that a manual notation of such release, partial release or assignment shall not be required if such town clerk notes such release, partial release or assignment electronically by means of a computerized notation that links such release, partial release or assignment to the recorded mortgage or lien. [If the land records are not maintained in a paper form, the town clerk shall make the notation on the digitized image of the first page of such mortgage or lien in a form or manner approved by the Public Records Administrator.]

Sec. 4. Subsection (a) of section 7-34a of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2008):

(a) Town clerks shall receive, for recording any document, ten dollars for the first page and five dollars for each subsequent page or fractional part thereof, a page being not more than eight and one-half by fourteen inches. Town clerks shall receive, for recording the information contained in a certificate of registration for the practice of any of the healing arts, five dollars. Town clerks shall receive, for recording documents conforming to, or substantially similar to, section 47-36c, which are clearly entitled "statutory form" in the heading of such documents, as follows: For the first page of a warranty deed, a quitclaim deed, a mortgage deed, or an assignment of mortgage, ten dollars; for each additional page of such documents, five dollars; and for each marginal notation of an assignment of mortgage, subsequent to the first two assignments, one dollar. Town clerks shall receive, for recording any document with respect to which certain data must be submitted by each town clerk to the Secretary of the Office of Policy and Management in accordance with section 10-261b, [the sum of] two dollars in addition to the regular recording fee. Any person who offers any written document for recording in the office of any town clerk, which document fails to have legibly typed, printed or stamped directly beneath the signatures the names of the persons who executed such document, the names of any witnesses thereto and the name of the officer before whom the same was acknowledged, shall pay one dollar in addition to the regular recording fee. Town clerks shall receive, for recording any deed, except a mortgage deed, conveying title to real estate, which deed does not contain the current mailing address of the grantee, [the sum of] five dollars in addition to the regular recording fee. Town clerks shall receive, for filing any document, five dollars; for receiving and keeping a survey or map, legally filed in the town clerk's office, five dollars; and for indexing such survey or map, in accordance with section 7-32, five dollars, except with respect to indexing any such survey or map pertaining to a subdivision of land as defined in section 8-18, in which event town clerks shall receive fifteen dollars for each such indexing. Town clerks shall receive, for a copy of any document either recorded or filed in their offices, one dollar for each page or fractional part thereof, as the case may be; for certifying any copy of the same, one dollar; for making a copy of any survey or map, the actual cost thereof; and for certifying such copy of a survey or map, one dollar. Town clerks shall receive, for recording the commission and oath of a notary public, ten dollars; and for certifying under seal to the official character of a notary, two dollars. Town clerks shall receive, for recording any document that does not conform to any requirement set forth in subsection (f) of section 7-24, as amended by this act, ten dollars in addition to the regular recording fee.

This act shall take effect as follows and shall amend the following sections:
Section 1 - July 1, 2007 (52-380d(b) ); Sec. 2 - January 1, 2008 ( 7-24 ); Sec. 3 - July 1, 2007 (7-29 ); Sec. 4 - January 1, 2008 (7-34a(a) )

Statement of Purpose: To enable town clerks to utilize electronic notations in connection with the recording of releases and assignments of mortgages and liens, to establish certain format requirements applicable to instruments for record and to provide for an additional fee for the recording of instruments that do not conform to such format requirements.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]

Tuesday, March 6, 2007

PROPOSED BILL HB7306

Sec. 52. Subsection (b) of section 52-380d of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(b) A release of a judgment lien on real property is sufficient if (1) it specifies the names of the judgment creditor and judgment debtor, the date of the lien, and the town and volume and page where the judgment lien certificate is recorded, and (2) the signature of the lienholder, attorney or personal representative is acknowledged and witnessed in the same manner as a deed on real property. The town clerk with whom the lien was recorded shall note such release as by law provided and shall index the record of each such release under the name of the judgment creditor and judgment debtor. The town clerk with whom the lien was recorded shall be exempt from manually noting such release as by law provided if such town clerk maintains a computerized note linking the release of the judgment lien to the original judgment lien certificate.

Sec. 53. Section 7-24 of the general statutes is repealed and the following is substituted in lieu thereof (Effective January 1, 2008):

(a) Each town clerk who is charged with the custody of any public record shall provide suitable books, files or systems, acceptable to the Public Records Administrator, for the keeping of such records and may purchase such stationery and other office supplies as are necessary for the proper maintenance of his office. Such books, files or systems, and such stationery and supplies shall be paid for by the town, and the selectmen of the town, on presentation of the bill for such books and supplies properly certified to by the town clerk, shall draw their order on the treasurer in payment for the same. Every person who has the custody of any public record books of any town, city, borough or probate district shall, at the expense of such town, city, borough or probate district, cause them to be properly and substantially bound. He shall have any such records which have been left incomplete made up and completed from the usual files and memoranda, so far as practicable. He shall cause fair and legible copies to be seasonably made of any records which are worn, mutilated or becoming illegible, and shall cause the originals to be repaired, rebound or renovated, or he may cause any such records to be placed in the custody of the Public Records Administrator, who may have them repaired, renovated or rebound at the expense of the town, city, borough or probate district to which they belong. Any custodian of public records who so causes such records to be completed or copied shall attest them and shall certify, under the seal of his office, that they have been made from such files and memoranda or are copies of the original records. Such records and all copies of records made and certified to as provided for in this section and on file in the office of the legal custodian of such records shall have the force of the original records. All work done under the authority of this section shall be paid for by the town, city, borough or probate district responsible for the safekeeping of such records, but in no case shall expenditures exceeding three hundred dollars be made for repairs or copying records in any one year in any town or any probate district comprising one town only, unless the same are authorized by a vote of the town, nor in any probate district composed of two or more towns, unless the same are authorized by the first selectmen of all the towns included in such district.

(b) There shall be kept in each town proper books, or in lieu thereof a recording system approved by the Public Records Administrator, in which all instruments required by law to be recorded shall be recorded at length by the town clerk within thirty days from the time they are left for record.

(c) The town clerk shall, on receipt of any instrument for record, write thereon the day, month, year and time of day when he received it, and the record shall bear the same date and time of day; but he shall not be required to receive any instrument for record unless the fee for recording it is paid to him in advance except instruments received from the state or any political subdivision thereof, and, when he has received it for record, he shall not deliver it up to the parties or either of them until it has been recorded. When any town clerk has, upon receiving any instrument for record, written thereon the time of day when he received it as well as the day and year of such receipt, and when any town clerk has noted with the record of any instrument the time of day when he received the record, such entries of the time of day shall have the same effect as other entries that are required by law to be made. Each instrument for record shall have not less than a three-quarter-inch margin surrounding each page. Each nonconforming instrument for record shall submit a ten-dollar fee per instrument.

(d) Each town clerk shall also, within twenty-four hours of the receipt for record of any such instrument, enter in chronological order according to the time of its receipt as endorsed thereon, (1) the names of sufficient parties thereto to enable reasonable identification of the instrument, (2) the nature of the instrument, and (3) the time of its receipt.

(e) If the town clerk receives an instrument for record which in his opinion he deems to be illegible, he shall record such instrument, write thereon that it is being recorded as an illegible instrument and, if there is a return address appearing on such illegible instrument, give notice to the return addressee that a legible instrument should be submitted for rerecording forthwith. The fact that the town clerk records the instrument as an illegible instrument shall not affect its priority or validity.

(f) For tracking purposes, any instrument recorded on the land records shall have the "return to" address and the preparer's name and address on the top of the front side of the first page of each instrument. Each nonconforming instrument for record shall submit a ten-dollar fee per instrument.

Sec. 54. Section 7-29 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

When any town clerk has recorded any instrument that the town clerk knows to be a release, partial release or assignment of a mortgage or lien recorded on the records of such town, the town clerk shall make a notation on the first page where such mortgage or lien is recorded, stating the book and page where such release, partial release or assignment is recorded. [If the land records are not maintained in a paper form, the town clerk shall make the notation on the digitized image of the first page of such mortgage or lien in a form or manner approved by the Public Records Administrator.] The town clerk with whom the release, partial release or assignment of a mortgage or lien was recorded shall be exempt from manually noting such release, partial release or assignment of a mortgage or lien if such town clerk maintains a computerized note linking the release, partial release or assignment of a mortgage or lien to the original mortgage or lien.

Sec. 55. Subsection (a) of section 7-34a of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

(a) Town clerks shall receive, for recording any document, ten dollars for the first page and five dollars for each subsequent page or fractional part thereof, a page being not more than eight and one-half by fourteen inches. Town clerks shall receive, for recording the information contained in a certificate of registration for the practice of any of the healing arts, five dollars. Town clerks shall receive, for recording documents conforming to, or substantially similar to, section 47-36c, which are clearly entitled "statutory form" in the heading of such documents, as follows: For the first page of a warranty deed, a quitclaim deed, a mortgage deed, or an assignment of mortgage, ten dollars; for each additional page of such documents, five dollars; and for each marginal notation of an assignment of mortgage, subsequent to the first two assignments, one dollar. Town clerks shall receive, for recording any document with respect to which certain data must be submitted by each town clerk to the Secretary of the Office of Policy and Management in accordance with section 10-261b, the sum of two dollars in addition to the recording fee. Any person who offers any written document for recording in the office of any town clerk, which document fails to have legibly typed, printed or stamped directly beneath the signatures the names of the persons who executed such document, the names of any witnesses thereto and the name of the officer before whom the same was acknowledged, shall pay one dollar in addition to the regular fee. Town clerks shall receive, for recording any deed, except a mortgage deed, conveying title to real estate, which deed does not contain the current mailing address of the grantee, the sum of five dollars in addition to the regular recording fee. Town clerks shall receive, for filing any document, five dollars; for receiving and keeping a survey or map, legally filed in the town clerk's office, five dollars; and for indexing such survey or map, in accordance with section 7-32, five dollars, except with respect to indexing any such survey or map pertaining to a subdivision of land as defined in section 8-18, in which event town clerks shall receive fifteen dollars for each such indexing. Town clerks shall receive, for a copy of any document either recorded or filed in their offices, [one dollar] two dollars for each page or fractional part thereof, as the case may be; for certifying any copy of the same, [one dollar] two dollars; for making a copy of any survey or map, the actual cost thereof; and for certifying such copy of a survey or map, one dollar. Town clerks shall receive, for recording the commission and oath of a notary public, ten dollars; and for certifying under seal to the official character of a notary, two dollars.

Sec. 56. Section 7-74 of the general statutes is repealed and the following is substituted in lieu thereof (Effective July 1, 2007):

The fee for a certification of birth registration, short form, shall be five dollars. [and the] The fee for a certified copy of a certificate of birth, long form, shall be [five] ten dollars, except that the fee for such certifications and copies when issued by the department shall be fifteen dollars. The fee for a certified copy of a certificate of marriage or death shall be [five] ten dollars. Such fees shall not be required of the department.

Coalition to Protect Real Estate Land Records and the Integrity of the Market

PLEASE SIGN THE PETITION 0 SEE BELOW
http://coalitionpetition.blogspot.com/

H.B. 7306 Public Hearing - March 9, 2007 12 noon LOB


GOVERNMENT ADMINISTRATION AND ELECTIONS COMMITTEE - FRIDAY, MARCH 9, 2007

The Government Administration and Elections Committee will hold a public hearing on Friday, March 9, 2007 at 12: 00 P. M. in Room 2B of the LOB.

H.B. No. 7306 (RAISED) AN ACT CONCERNING GOVERNMENT ADMINISTRATION.
(Which the Town Clerk’s Bill of concern is attached to (HB 7152, sec 1(b) and Sec 3)

PLEASE COME ATTENDED THE PUBLIC HEARING ON THIS AND BE A PART OF PRESERVING OUR LAND RECORDS. THE HEARING WILL BE AT NOON, PLEASE BE THERE BY 11-11:30am, MARCH 9, 2007.

TO THOSE WHO WISH TO ATTEND, PLEASE EMAIL GAIL AT CTLANDTITLEASSOC@AOL.COM

*** PLEASE VOTE ON OUR POLL AND SIGN OUR GUEST BOOK - THANK YOU

Tuesday, February 20, 2007

Save Our Land Records

Real estate drives our economy. The family home is it's most precious investment and the perceived key to the American dream. We can't let greed filled folly, thievery, incompetence and lack of foresight destroy the land record system or the integrity of the real estate transaction. We need a coalition representing the full spectrum of industry participants and consumers with a mission, to protect the integrity of the real estate market for the greater, common good. Please join us in sending a message. We need a system overhaul in the real estate/mortgage/title insurance industry...

We're asking the Board of Governors of the Federal Reserve to consider the economic impact of the degradation of quality underwriting standards and controls in the title insurance industry and the impact automated search and examination products will have on the integrity of land records.

http://www.davickservices.com/save_our_land_records.htm

Tuesday, February 6, 2007

Town Halls that will be closed on Monday, Feb 12th


Here is a list of Town Halls that will be closed on Feb, 12th (Monday) - that we know of so far -

Andover, Beacon Falls, Bethel, Brooklyn, Cheshire, Danbury, East Haddam, East Hartford, East Haven, Easton, Hamden, Hartford, Killingworth, Madison, Manchester, Middlefield, Sharon, Shelton, Stamford, Stratford, Torrington, Wallingford, Waterbury, Watertown, West Hartford, West Haven


We will continue to update the list as we get more info - please email us at CTLandTitleAssoc@aol.com if you know of any others that will closed on this day.


ALL TOWN HALLS WILL BE CLOSED FEB. 19th (MONDAY)

Tuesday, January 30, 2007

HEY THERE ......


This is our new spot for everyone that is a professional in Connecticut's Land Title Industry. We have created a one stop place for everyone to access - mainly for current issues & news, legislative action & other events that are business related.