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December 2003

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Subject:
From:
Susan Ann <[log in to unmask]>
Reply To:
Vermont Municipal Government Discussion Network <[log in to unmask]>
Date:
Tue, 9 Dec 2003 12:35:21 -0500
Content-Type:
text/plain
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Ann, we are consistent with you; our procedure is the same as yours.  We
have the same understanding.  Sue Ann


At 12:05 PM 12/9/2003 -0500, you wrote:
>I know we have had this question before so I apologize. Currently when
>Middlebury receives a UCC and the customer wants it recorded in the land
>records we charge the UCC filing fee of $10. We give the document a UCC #
>and file and index appropriately. We also charge the per page fee of $7 to
>record the document in the land records. This issue went back and forth in
>muninet a while ago. My understanding at the time was that we must file a
>UCC as a UCC if we receive it in our office and the land recording was
>extra.
>
>I have one lawyers office that gives me a hard time about the fees everytime
>they record. I have Talked with Mark Reeves at Public Records and he was not
>sure and advised me to contact the Sec St office. I spoke with Linda
>Safford/Betty Poulin at that office and they advised that we could charge
>for both recording and filing separately. But I was still confused about
>some of the wording in the VT Statutes on line pertaining to UCC Fees. I
>emailed Deb Markowitz and she had Gregory Sanford email a response. Below is
>a copy of that response. Does anyone have any words of wisdom on this issue?
>
>Copy of Response
>Ann: Deborah asked me to respond, though I fear I do not have the knowledge
>to
>offer an informed response.  My only suggestions are to poll the Addison
>County
>clerks to see what they do so there is, if possible, a consistent local
>response and
>then build a policy around the advice you have received from Mark Reaves,
>Betty
>Poulin and the neighboring clerks.  That would show due diligence in
>developing a
>policy based on apparently contradictory statutory guidance.  You may want
>to see if
>your colleagues have had similar problems and whether the VMCTA would want
>to
>pursue clarification through legislation this coming session.  Sorry this
>was not more
>helpful. Gregory
>
>
>Ann F. Webster
>Middlebury Town Clerk/Treasurer
>94 Main Street
>Middlebury VT 05753
>
>802-388-8102

Susan Ann Arnebold
Orwell Town Clerk
PO Box 32
Orwell, Vermont 05760
[log in to unmask]
802-948-2032

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