 |
 |
I don't understand her logic. I don't notarize documents for family as I could be considered to have an interest but that doesn't seem to apply in this case. I to have recorded documents that I have executed as an individual. ----- Original Message ----- From: St. Albans Town Assistant Clerk To: [log in to unmask] Sent: Thursday, June 28, 2012 11:12 AM 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 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] 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]] 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