REQUIREMENTS FOR RECORDING

In order to be recordable in the Recorders Office, a document must meet the following requirements:

● It must be an original document (UCA §57-3-106).

● It must contain a brief caption stating the nature of the document (UCA §57-3-106).

● It must contain a legal description (UCA §57-3-105).

● It must contain the names and mailing addresses of the grantees (UCA §57-3-105).

● It must be sufficiently legible for the recorder to make certified copies (UCA §57-3-106).

● It must contain a certificate of acknowledgement, proof of execution, or a jurat, or other notarial certificate containing the words “subscribed and sworn” or their substantial equivalent, that is signed and certified by the officer taking the acknowledgement, proof, or jurat (UCA §57-3-101).

● The names of all persons whose signatures appear on the instrument must be typed or printed on the instrument (UCA §17-21-25).

● When title to real property is granted to a person as trustee, the following terms of the trust must be included: the name of the trustee; the address of the trustee; and the name and date of the trust (UCA §75-7-816).

● A court judgment or an abstract of a court judgment must be an original or certified copy and include the information identifying the judgment debtor as referred to in Subsection 78-22-1.5(4) (UCA §57-3-106).

● Judgments, abstracts of judgments, and separate information statements of the judgment creditor do not require an acknowledgment or a legal description to be recorded (UCA §57-3-106).

● A foreign judgment or an abstract of a foreign judgment recorded in the office of a county recorder must include the affidavit as required in Section 78-22a-3 (UCA §57-3-106).

● Any document recorded in the office of the county recorder to release or assign a judgment lien must include the name of any judgment creditor, debtor, assignor, or assignee; the date of recording; and the entry number of the instrument creating the judgment lien (UCA §57-3-106).

● The tax serial number of each parcel affected by the instrument should appear on each instrument, though it is not considered part of the legal description (UCA §17-21-20).

● It should provide adequate room (preferably in the top right corner) to affix recording data.

● Please present documents for recording prior to 4:30 p.m. Documents presented after 4:30 will be accepted at discretion of recording staff based on daily recording volume and office conditions.

Additional requirements in House Bill 200 were passed by the legislature in the 2007 General Session.
This bill establishes requirements for documents filed in the office of the county recorder.

After July 1, 2007 each document that is submitted for recording in the
Box Elder County Recorder’s Office shall:
(a) Be an original or certified copy of the document unless otherwise provided by law;
(b) Be in English or be accompanied by an accurate English translation of the document;
(c) Contain a brief title, heading, or caption on the first page stating the nature of the document;
(d) Contain the legal description of the property that is the subject of the document;
(e) Comply with the requirement of Section 17-21-25 and Subsections 57-3-105 (1) and (2);
(f) Be notarized with the notary stamp with the seal legible; and
(g) Have original signatures

After August 1, 2007 our office will also require the following:
(a) Each paper, notice or instrument submitted for recording in the county recorder’s office shall be
on white paper that is 8-1/2 inches by 11 inches in size;
(b) Have a margin of one inch on the left and right sides and at the bottom of each page;
(c) Have a space of 2-1/2 inches down and 4-1/2 inches across the upper right corner of the first page
and a margin of one inch at the top of each succeeding page;
(d) Not be on sheets of paper that are continuously bound together at the side, top or bottom;
(e) Not contain printed material on more than one side of each page;
(f) Be printed in black ink and not have text smaller than seven lines of text per vertical inch;
(g) Be sufficiently legible to make certified copies

To facilitate the abstracting of an instrument we will require that the applicable tax serial number of each parcel affected
by the instrument appear on each instrument before it is accepted for recording. The tax serial number may not be
considered to be part of the legal description and may be indicated on the margin of the instrument. An error in the
tax serial number does not affect the validity of the instrument or effectiveness of the recording.

The tax serial number will not apply to:
(a) A Map
(b) Certificate or Affidavit of Death
(c) Military Discharge
(d) Document regarding taxes that is issued by the Internal Revenue Service of the
United States Department of the Treasury
(e) Document submitted for recording that has been filed with a court and conforms
to the formatting requirements established by the court;
(f)Document submitted for recording that is in a form required by law.

The law permits Box Elder County Recorder’s Office the option of charging and collecting a fee
from persons who submit a document for recording that does not comply with the requirements
up to $25.00 in addition to any other fee that our office is authorized to charge.

The new requirements will help to streamline our office and provide better service.

If you have any questions, please feel free to contact our office at (435) 734-3391.