Hello Town Clerks out there!
I am once again asking for your advice.
I recently received a deed that references a "Preliminary Survey" dated May
1993, recorded in Book 2, Page 63. When I looked at Book 2, Page 63, I
found a survey that does not say "preliminary" and is dated November 1993.
I returned the deed to the seller's attorney, explaining that the survey on
file is not the same survey that is recorded.
He removed the word "preliminary" from the deed and returned it to me, but
it still references a survey from May 1993, not the same survey that I have
on file. His letter indicates that the buyer's attorney feels that
"although the reference is not entirely accurate", it is good enough for
recording. After speaking with David Grayck, who agreed that although a
book and page is given, the survey recorded there is not the same survey
that is referenced in the deed, I again returned the deed to the seller's
The buyer's attorney called me today and SCREAMED at me, saying that it
isn't my business whether the survey is correct or not, and since I am new
I don't know what I am doing, and he is going to file a complaint with the
Secretary of State's office, etc.
I have two questions. Would my fellow clerks have recorded the deed with a
reference that the attorneys admit is "not entirely accurate"? And more
importantly, how do you handle it when an attorney is so blatantly rude and
threatening and tries to bully you into recording something that you know
is not permitted by statute? Is there a code of conduct that discourages
attorneys from harassing clerks? I am six months pregnant and I think this
kind of treatment is dangerous to the baby.
Please let me here your thoughts on this.