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September 1999

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Subject:
From:
Barbara Oles <[log in to unmask]>
Reply To:
Vermont Municipal Government Discussion Network <[log in to unmask]>
Date:
Thu, 30 Sep 1999 09:43:33 -0400
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Hi Bobbi,  I would follow the statute 32 vsa 9608(a) and return the
document to the lawyer with the request a ptr accompany it before you will
record it.  I believe the statutes supercede policies and regulations.

Barbara




At 01:11 PM 9/28/99 -0400, you wrote:
>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
>the deeds.
>
>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.
>
>Bobbi Brimblecombe
>

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