Recording Instruments
The primary duty of the county recorder is to record instruments submitted for recording. It is the duty of the recorder to see that each instrument meets the essential requirements for recording. Each instrument must be entered in the Entry Book, properly indexed, and recorded in the manner provided by law.
Copies of Records or Instruments
It is the duty of the county recorder to prepare, proof, and furnish any submitted copy of any transcript of any record or copy of any record or instrument in all cases, when required by law or ordered by the court or requested by any parties and, if further requested, to certify under seal as to the correctness thereof.
Cash Receipts
It is the duty of the county recorder to keep an accurate account of all fees charged and collected and to deposit such collections daily in the depository or depositories duly designated by the county board of finance. It is also the duty of the recorder to pay over all of such collections to the county treasurer immediately after the close of each calendar month.
Search of Records for Liens
In Official Opinion No. 22 of the Attorney General, dated March 20, 1958, and Official Opinion No. 58 of the Attorney General, dated September 28, 1964, it was held that there is no affirmative duty imposed upon the county recorder to search his official records, at the request of any party, for liens or other instruments, and to certify to the results of such search, and to certify to an interested party as to the existence of or lack thereof of a presently effective financial statement in his files. However, a county recorder does have permissive authority for searching his records upon request and as an elected public official may wish to do so.
For information regarding searches required by the provisions of the Uniform Commercial Code, see the booklet entitled “Rules and Regulations for Administration of the Uniform Commercial Code” issued by the Office of the Secretary of State.
