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Maybe. Although, notarizing a signature is just that and nothing more.

 

From: Vermont Municipal Government Discussion Network [mailto:[log in to unmask]] On Behalf Of Bobbi Brimblecombe
Sent: Thursday, June 28, 2012 12:47 PM
To: [log in to unmask]
Subject: Re: Recording question

 

Perhaps a question night arise if the permit is appealed?

At 11:41 AM 6/28/2012, you wrote:

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


NOTICE: Under Vermont’s public records law, documents - including e-mail - in the possession of public officials about town business are classified as public records. This means if anyone asks to see it, we are required to provide it. There are very few exceptions. We welcome citizen comments and want to hear from our residents, but please keep in mind that what you write in an e-mail is not private and could show up in the local newspaper.

Bobbi Brimblecombe
Marshfield Town Clerk
122 School Street, Room 1
Marshfield, VT 05658
(802) 426-3305
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