Requirements for Recording
For a document to be recorded in the Recorder’s Office, it must meet the following requirements:
- It must be an original document or be an electronic document that satisfies the requirements under UCA 17-21a, Uniform Real Property Electronic Recording Act (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 notary certificate containing the words “subscribed and sworn” or the 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 and 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).
- 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 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).
- Document shall be an original or certified copy of the document unless otherwise provided by law (UCA §17-21-20).
- Document shall be in English or be accompanied by an accurate English translation of the document (UCA §17-21-20).
- Document shall contain a brief title, heading, or caption on the first page describing the document (UCA §17-21-20).
- Document shall contain the legal description of the property that is the subject of the document (UCA §17-21-20).
- Document shall be notarized with the notary stamp with the seal legible; and shall have original signatures (UCA §17-21-20).
- 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 (UCA §17-21-20).
- Have a margin of one inch on the left and right sides and at the bottom of each page (UCA §17-21-20).
- 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 to provide room to affix recording data (UCA §17-21-20).
- Shall not be on sheets of paper that are continuously bound together at the side, top or bottom (UCA §17-21-20).
- Document shall not contain printed material on more than one side of each page (UCA §17-21-20).
- Printed in black ink and not have text smaller than seven lines of text per vertical inch (UCA §17-21-20).
- Be sufficiently legible to make certified copies (UCA §17-21-20).
Updated June 2016