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