I've only been here for a couple of years, but we charge the $10.00 and
still keep a separate UCC file and index. We haven't been recording them
in the land records - should we be doing that? We only get a few / year.

Susan Ann wrote:

> 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
>