Clerk & Recorder
DOCUMENT STANDARDS, 7-4-2636, MCA
1.All documents that are acknowledged as having been executed prior to 4-28-07 are accepted for recording as a standard document. The fee will be $7.00 per page.
2.An acknowledgment by a notary is exempt from the color and margin requirement of this section. If the notarial seal is made by impression of an embosser, the seal is exempt from the margin requirement of this section.The notary information and seal must be legible.
3.An officially certified court or other government document, whether from an in-state or out-of-state office, is exempt from the provisions of this section. Government document include: Dept. of Transportation documents and Declaration of Intent to Declare a Mobile Home real property.
Unless accompanied by the fee required in 7-4-2637(2), all documents submitted for recording must meet the following requirements:
1. Margin requirements are:
- 3” at top of 1st page
- at least 1” at top of all subsequent pages,
- at least 1” at bottom of each page
- at least ½” on sides of each page.
If an insignificant portion of the signature (such as the “tail-end” of the last letter) is in the margin the document will be standard. If a portion of the signature in the margin is a designation such as: Sr., Jr., II, III, POA or Attorney-In-Fact; these designations will be considered significant and cause the document to be non-standard.
Except for page numbers, initials, or other designations, have margins clear of all markings. The document standards committee has determined that other designations may be:
a. form numbers
b. form names
c. last date form updated
d. fax transmittal information
e. tribal information
h. order numbers
i. name of lending institution
2. Document must be Legible
a. Printed or typed in blue or black ink-which includes all signatures, initials, dates, or handwriting
b. White paper that is either 8 1/2 x 11 inches or 8 1/2 x 14 inches
c. Addresses of grantees must be in blue or black ink when legibly printed in
d. A whole document legible, printed in blue or black ink, and meeting all other document standards is standard
e. A whole document written in cursive is non-standard
f. Signatures do not have to be legible
3. Provide names of the parties to the conveyance on the 1st or 2nd page of any document with more than 1 page.
4. Name and Mailing Address to whom document is to be returned:
a. In upper left hand of 1st page between the 1/2 inch side margins of each document submitted
b. This may include legibly printed or typed transnational information
c. No return address – document is non-standard
d. Documents will be returned to the address written on the document – NO EXCEPTIONS
e. “Return to Granteee” is not an acceptable mailing address- document is non-standard
If submitter would like the document returned to an alternate address, they MUST write it on the document before recording.
5. Provide a legal description of the property if the document conveys an interest in real property.
Documents that convey an interest in real property may include, but is not limited to, the following:
b. Contracts for deed
d. Deeds of trust, trust indentures, or mortgages
f. Declarations of homestead
g. Any document requiring a Realty Transfer Certificate (RTC) – Many documents require a RTC, for more information click here.
A street address is not a legal description of the property, nor is a deed reference.
DOCUMENTS THAT DO NOT REQUIRE A LEGAL DESCRIPTION TO BE CONSIDERED A STANDARD DOCUMENT:
a. Substitutions of Trustee
b. Subordination Agreement
c. Modification Agreement
d. Affidavits of Mailing, Posting, & Publication
e. Cancellation of Trustee Sales
f. Satisfaction and/or Assignment of Mortgage
A document which includes highlighting is a non-standard document.
7-4-2637 Fees for Recording Documents
(1)Except as privided in 7.2-2803(4) and 7-4-2631, the fee for recording a standard document that meets the requirements of 7-4-2636 is $7.00 for each page or fraction of a page. (2)Except as provided in 7-2-2803(4), the fee for recording a document that does not meet the requirements of 7-4-2636 is the fee specified in subsection (1) plus $10.00.