Hi to clerks out there.
I have yet another recording question. We have a landowner who has recently
been granted a subdivision permit. We received a quit-claim deed from the
landowner to an attorney, transferring all 31 acres, a quit-claim deed from
the attorney to the landowner for 30 acres, and another quit-claim deed
from the attorney to the landowner for 1 acre. That's 3 deeds. We
received only 2 property transfer tax returns, one for 30 acres and one for
1 acre. Each lists the landowner as both grantor and grantee, without any
reference to the attorney.
32 VSA 9608 seems to prohibit us from recording any deed that doesn't have
an accompanying transfer return, but when I called the lawyer's office they
were incredibly RUDE and THREATENING, and they suggested that I read the
tax department's instructions in the transfer tax booklet. The
instructions (page 2, 3rd paragraph) indicate that only one return is
required "when two or more deeds are executed simultaneously in a
transaction that effectively results in a single conveyance."
I called the tax department, and I was told that those instructions don't
apply to this situation and 3 transfers are required, but I should record
the deeds anyway and let them worry about the transfers. I called the
Secretary of State's office, and they told me that since the tax
department's instructions conflict with the statute, I should just record
I feel like I have been bullied into doing something that I shouldn't. What
would you have done? I am anxious to hear from other more experienced clerks.