Janet, didn't mean to add to any confusion. The UCCs were supposed to start
getting filed at the State level just about the time you and I started in
our respective clerk offices. My understanding at the time was that if
anyone brought a UCC to my office to be filed I would still have to keep a
separate UCC file and index. There is a box to check on the bottom of the
form if the customer also wants the document filed in the land records. You
only have to put them in the land records if they request it.

My confusion stems from not knowing if I have to keep a separate UCC file or
just put them all in the land records only. It looks like Huntington and
Milton only put them in the land records. Currently we only put them in a
UCC file and then record and charge additional fees if they also want them
in the land records.

> -----Original Message-----
> From: Janet Oosterman [SMTP:[log in to unmask]]
> Sent: Wednesday, December 10, 2003 1:27 PM
> To:   [log in to unmask]
> Subject:      Re: UCC Fees
>
> 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
> >