Requirements for Filing Documents

Document Types

All Documents

• Name & address of preparer of document
• Property in Montgomery County
• Original document or certified copy (certified copy from the court must be signed by the clerk & bear a seal from certifying office)
• Must be signed & dated
• Notarized with complete notary acknowledgement (Notarization is optional for leases, by-laws and contracts)
• Date notarized
• Date notary commission expires
• Check payable to Register of Deeds
• The check must be dated & signed
• Is the document taxable?

Re-Recording the original document for the purpose of correction requires all original parties to resign and re-nortarized.

Affidavit of Heirship

• Name of deceased individual
• List of heirs
• Affiant must sign

Affidavit of Lost Assignment

• Original borrower
• Reference original Volume & Page
• Assignor & assignee

Affidavit of Void Foreclosure

• Reference original Volume & Page
• Borrower(s) name

Agreement

• Grantor and grantee name(s)

Appointment of Substitute Trustee

• Original debtor
• Reference original Volume & Page

Assignment of Deed of Trust

• Assignor & assignee
• Name of debtor
• Reference original Volume & Page of assigned document
• $5 each additional assignment reference
• Maximum Principal Indebtedness for Tennessee Recording Tax Purposes is $0.00. (If assignment is from an exempt entity to a non-exempt entity taxes must be paid. If an mount is listed, taxes must be paid.)

Assignment of Lease

• Name of lessor/landlord & lessee/tenant

Assignment of Rents & Assignment of Rents & Leases

• Name of debtor & lender
• Reference Volume & Page or original Deed of Trust only if not filed after Deed of Trust.  Maximum Principal Indebtedness for Tennessee Recording Tax Purposes is $0.00.  Unless there is an increase then that amount would be listed and taxes paid.

Assumption Agreement

• Original borrowers
• Assuming party
• Bank/Lender
• Reference Volume & Page of original Deed of Trust

Bond to Discharge Lien

• Name of the principal, surety, claimant & property owner

Cancel Release & Reinstate Deed of Trust

• Borrower, trustee & lender
• Reference Volume & Page of release
• Reference Volume & Page of the Deed of Trust

Civil Warrant

• Must be a certified copy signed, dated & sealed from the clerk

Contract/Purchase & Sell Agreement

• Must be signed by the seller
• Maximum Principal Indebtedness for Tennessee Recording Tax Purposes is $_______________. Only if taxable terms are included.

Correction of Notary Acknowledgement

• Name(s) of Grantor(s)
• Reference Volume & Page of the corrected document

Declaration of Void Successor Trustee Sale

• Person or company who purchased the sale on the substitute trustee's deed
• Original or present borrower(s)
• Reference Volume & Page of successor trustee deed & original deed of trust

Decree of Redemption & Decree Confirming Sale

• Chancery clerk deed with seal from court
• Owners name & address
• Tax bill name & address
• Map & parcel number
• Oath of consideration - the amount of purchase or the amount redeemed

Deed of Trust/Mortgage

• Debtor(s)/borrower(s) name
• Secured party/lender name
• Trustee name
• Property/legal description
• Current derivation clause
• Maximum principle indebtedness for Tennessee Recording Tax Purposes is $_______________.

Easement

• Oath of consideration, taxable
• Poper signatures

Final Divorce Decree

• Certified copy from the court signed & sealed
• Real property being divested out of & vested into language

Fixture Filing

• Owner(s) name & address of property where fixture is located
• Secured party name & address
• Collateral to secure indebtedness
• Maximum principal indebtedness for Tennessee Recording Tax Purposes is $________________. If $0.00, Volume & Page of document where taxes were paid is required.
• Special form Revised Article 9
• Fixture filing box checked or the document must specify it should be filed as a fixture in real estate records
• If "True lease" transaction must state $0.00 as amount and "No security interest-true lease"
• Information only filing must state $0.00 for special indebtednss & "No security interest, notice only"

Fixture Amendment

• Name of debtor/secured party
• Reference Volume & Page of original fixture & amendment(s)

Fixture Assignment

• Debtor, secured party & assigning party name(s)
• Reference Volume & Page of original fixture & amendment(s)
• Maximum Principal Indebtedness for Tennessee Recording Tax Purposes is $_____________. If $0.00, Volume & Page of document where taxes were paid is required.

Fixture Continuation

• Debtor & secured party name(s)
• Reference Volume & Page of original fixture & amendment(s)
• Must have wording: “Exactly same collateral as prior debt, does not increase principal debt”

Fixture Termination

• Must be signed and dated by secured party
• Reference Volume & Page of original fixture & amendment (must refer to all subsequent documents)

Greenbelt

• Approved by Assessor of Property

Installment Contract

• Maximum Principal Indebtedness for Tennessee Recording Tax Purposes is $____________. Only if taxable terms are included.
• Signed by debtor
• Notarized and dated

Lien Retained Deed

• New owner name and address
• Tax bill name & address
• Grantor/Seller & Grantee/Buyer
• Map & parcel number
• Oath of consideraton
• Maximimum Principal Indebtedness for Tennessee Recording Tax Purposes is $____________.
• Property/legal description
• Derivation clause
• Trustee name

Lien

• Name of party placing lien
• Name of property owner
• Amount of lien

Limited Partnership

• Any partnership that was formed before 1985 does not go to the Secretary of State for filing

Master Deed & Master Deed Amendment

• Check all exhibits

Military Discharge

• Member copy #4 only
• No charge for recording or for certified copies - must present picture ID

Modification/Amendment of Deed of Trust

• If modifying amount, must state amount of increase in the Maximum Principal Indebtedness for Tennessee Recording Tax Purposes is $__________, if no increase insert $0.00.
• A $250 or double the tax penaltry, whichever is greater, applies when executed over 60 days of the execution date
• Reference original Volume & Page

Notice of Completion

• Name of owner
• Name of contractor
• Proper address/lot & subdivision
• Date of completion

Notice of Federal Tax Lien

• Name and address of debtor
• Amount of debt

Partial Release of Lien

• Name of party being released
• Reference Volume & Page being released
• Description of property being released

Power of Attorney

• Grantor and grantee names

Probated Will

• Certified copy from probate

Quit Claim Deed

• Owner name and address
• Tax bill name and address
• Map and parcel number
• Grantor and grantee name(s), may convey interest only (no have and to hold language, no warrant & defend clauses). Does not warrant title
• Property/legal description
• Current derivation clause
• Oath of consideration, may have $0.00 or actual consideration

Release of Lien

• Reference Volume & Page being released
• Name(s) of party being released

Scrivener's Affidavit

• Reference Volume & Page being corrected
• Name(s) of borrower/trustee/lender or name(s) of seller/buyer

Secretary of State Document (Charter, LLC, Articles, etc.)

• Principal office must be located in Montgomery County
• Cover letter from the state and original document

Subdivision Plat

• Reference Volume & Page
• Original signature of planning commission
• Original signature and seal of surveyor
• Original notarized signature of property owner

Substitute Trustee's Deed

• Original debtor
• Reference Volume & Page of original deed of trust
• Grantor & grantee name(s)
• Oath of consideration
• New owner name & address
• Tax bill name & address
• Map & parcel number

Warranty Deed

• Name and address of new owner
• Tax bill name & address
• Map and parcel number(s)
• Oath of consideration
• Property description
• Derivation clause
• Grantor/Seller & grantee/buyer names