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Hi! You were right in what you did as far as I'm concerned.  I might have
asked the buyer's attorney if he provided Title Insurance for free for all
his clients if he
didn't mind recording documents that were not entirely accurate.  Also, if
an attorney was screaming at me on the phone, I would probably tell him that
when he could talk calmly and rationally to please call back, then hang up
on him!!
----- Original Message -----
From: Bobbi Brimblecombe <[log in to unmask]>
To: <[log in to unmask]>
Sent: Friday, December 17, 1999 1:51 PM
Subject: Recording deeds that reference a survey


> 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
> attorney.
>
> 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.
> Thanks,
> Bobbi Brimblecombe
>