For issues involving
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
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 J
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
802-828-1005 (tel.) |
802-828-3710 (fax)
802-828-3700 (main
switchboard)
“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]]
On Behalf Of Wilmington Town Clerk
Sent: Thursday, June 28, 2012
10:40 AM
To: [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]]
On Behalf Of Guildhall Town Clerk
Sent: Thursday, June 28, 2012
10:12 AM
To: [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