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For issues involving Vermont notaries, the best resource that I'm aware of is:

http://vermont-archives.org/notary/index.htm

including but not limited to:

http://vermont-archives.org/notary/guide/pdf/NotaryGuide2011.pdf

See especially pages 9-10.

There are also periodic educational opportunities for notaries, some of which just recently occurred:
http://vermont-archives.org/notary/pdf/NotaryForum2012.pdf

For specific advice, please consult with legal counsel and or resources such as VLCT.

Trevor
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From: Vermont Municipal Government Discussion Network [mailto:[log in to unmask]] On Behalf Of St. Albans Town Assistant Clerk
Sent: Thursday, June 28, 2012 11:12 AM
To: [log in to unmask]
Subject: Re: Recording question

What about notarizing? Our ZA won't notarize documents she issues but rather brings it down to us even though she is a notary. I never understood this, as she isn't notarizing HER signature, but those of her customers. Thoughts?

From: Vermont Municipal Government Discussion Network [mailto:[log in to unmask]] On Behalf Of Trevor Lewis
Sent: Thursday, June 28, 2012 10:49 AM
To: [log in to unmask]
Subject: Re: Recording question

Some ways to possibly look at this:

1)       In Vermont, recordation of items presented for filing in the land records is what is referred to as a "ministerial" duty, which is to say that a clerk has no discretion or gatekeeper role regarding whether or what to record as long as someone pays the appropriate fees [see various past issues of the Secretary of State's "Opinions" for statements on this].  So, inherently, you couldn't act with bias in favor of yourself even if you somehow wanted to :)
2)       In performing the recording, you are acting in your "official capacity" in a way that is completely distinct from the "individual capacity" in which you executed the refinancing documents.  Due to "(1)" above, there's no potential for blurring of roles and intentions in carrying out the activity of recording the documents.

Hope that's helpful

Trevor

Trevor Lewis
Records Analyst &
Local Records Program Coordinator
Vermont State Archives & Records Administration
1078 U.S. Route 2, Middlesex
Montpelier, VT 05633-7701
802-828-1005 (tel.) | 802-828-3710 (fax)
802-828-3700 (main switchboard)
[log in to unmask]<mailto:[log in to unmask]>
www.vermont-archives.org<http://www.vermont-archives.org>
"Records management is like elevator maintenance.
It's not noticed until it's gone, or something goes wrong." (source unknown)


________________________________
From: Vermont Municipal Government Discussion Network [mailto:[log in to unmask]]<mailto:%5bmailto:[log in to unmask]> On Behalf Of Wilmington Town Clerk
Sent: Thursday, June 28, 2012 10:40 AM
To: [log in to unmask]<mailto:[log in to unmask]>
Subject: Re: Recording question

Yes you can - I've recorded my own deeds and mortgages.  Even my own marriage license!

From: Vermont Municipal Government Discussion Network [mailto:[log in to unmask]]<mailto:%5bmailto:[log in to unmask]> On Behalf Of Guildhall Town Clerk
Sent: Thursday, June 28, 2012 10:12 AM
To: [log in to unmask]<mailto:[log in to unmask]>
Subject: Recording question

Hi everyone,

Can the Town Clerk record documents pertaining to himself and his own property?  My specific situation is this: my wife and I refinanced our mortgage and I received the document for recording.

My assumption is that it isn't a problem for me to do it myself, but I wanted to solicit others' opinions before doing it.

-Sam, Guildhall