+ Reply to Thread
Results 1 to 6 of 6
  1. #1
    averageamerican Guest

    County recorder refuses to record affidavit.

    OHIO

    I appreciate any opinion on this matter.
    Do I have a right to record any document with my county recorder that I wish to?

    Let's make a hypothetical situation.

    Let's say that I want to record an affidavit with my county recorder and in the affidavit I state something like "I affirm that I don't like clowns"

    May the County Recorders office refuse to record this affidavit?
  2. #2
    nextwife is offline Senior Member
    Join Date
    Jan 2003
    Posts
    24,357
    Is it in recordable form? What is it being posted to (it's not a docketed judgement that attaches to anything, it doesn't track to a legal description)?

    What's the point of doing so?
  3. #3
    averageamerican Guest
    OK, Let's start here.

    I went to the recorders office to record an affidavit so I can then take the recorded affidavit to the clerk of courts and put it into record on a case and also properly serve the Judge with the same afidavit. I was told I have to record it first with the county recorder. When I took the affidavit in they refused to accept it on the grounds that the affidavit is on Legal size paper. The County Recorders office claims they cannot accept Legal Size documents.(Even though while I was standing there an attorney came in and recorded Legal Size documents right next to me. I mentioned this to the Recorder and he said "Don't get smart or I'll have you removed".

    Anyway we went back home and printed the document onto regular size paper and the recorder and the other recorders in the office stood there and read the entire document and the took the document to the Judge to get permission to record this document and the judge of course said no. So they came back and told me that it is not in the proper format and told us how they want it done. I asked for the other recorded documents the opposing side has recorded and there are legal sized papers, and formats that are nothing like what the Recorders are telling us to do. Anyway, we went home and fixed the document yet again and returned to the Recorders office only to have them take the document to the judge again and come back and say "Not an acceptable format" We prepared it according to their instructions.

    What am I to do? THis is a County Recorder not the Clerk of Courts. If I were to record a Quit Claim Deed giving the brooklyn bridge to the french they would record it. All they are recording is my affirmation that If I have any say so about the Brooklyn bridge that I give my rights to the french. I know, I had someone Quit Claim Deed my driveway to my neighbor in florida a few years ago and it was perfectly legal for them to do so.
  4. #4
    nextwife is offline Senior Member
    Join Date
    Jan 2003
    Posts
    24,357
    Quote Originally Posted by averageamerican
    If I were to record a Quit Claim Deed giving the brooklyn bridge to the french they would record it. All they are recording is my affirmation that If I have any say so about the Brooklyn bridge that I give my rights to the french. I know, I had someone Quit Claim Deed my driveway to my neighbor in florida a few years ago and it was perfectly legal for them to do so.

    Not correct. Most recorders officers now require documents to be in compliance with a certain format to be used with the the new "imaging systems" that are utilized to computer image the documents. Any deed MUST be in their "recordable form" to get recorded. I have stood at the recorders window a great many times with documents I had been sent to record that had some detail or other wrong and could not be recorded. Maybe white-out was used (forbidden), maybe blue ink was used someplace other than the signature line, maybe the "drafted by" was incomplete, the margins not right, the "return to" was missing, a mortgage satisfaction that is missing the legal description -whatever.

    If a document is not fully in compliance with what the recorder's office says is recordable form, they do not accept it. I can attest to that from 12 years of walking recordings through various county courthouses.
  5. #5
    averageamerican Guest
    Thank you.
  6. #6
    Dandy Don is offline Senior Member
    Join Date
    Apr 2002
    Posts
    9,495
    Be careful about filing such a frivolous document about "clowns", since in many counties there are financial penalties for filling frivolous documents that have no serious legal purpose.

Similar Threads

  1. Replies: 4
    Last Post: 04-21-2012, 01:41 PM
  2. County Recorder Help
    By cervantes.k in forum Civil Litigation
    Replies: 0
    Last Post: 03-17-2010, 04:16 PM
  3. CA - Letter from Registrar-Recorder/County Clerk
    By schrodingerscat in forum Debt Collections
    Replies: 1
    Last Post: 06-01-2008, 07:38 PM
  4. Replies: 4
    Last Post: 05-11-2007, 09:13 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.