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Developed and maintained by the Division of Legislative Automated Systems.
1996 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 17-59 of the Code of Virginia is amended and reenacted as follows:
§ 17-59. Duty of clerk as to recording writings, etc., and making index.
Every writing authorized by law to be recorded, with all certificates, plats,
schedules or other papers thereto annexed or thereon endorsed, upon payment of
fees for the same and the tax thereon, if any, shall, when admitted to record,
be recorded by or under the direction of the clerk on such media as are
prescribed by § 17-70. However, the clerk may refuse to accept any writing
for filing or recordation unless (i) each individual's surname only, where it
first appears in the writing, is underscored or written entirely in capital
letters, (ii) each page of the instrument or writing is numbered, (iii) the
Code section under which any exemption from recordation taxes is claimed is
clearly stated on the face of the writing, and (iv) the names of all
grantors and grantees are listed as required by §§ 55-48 and
55-58, and (v) the first page of the document bears an entry showing the
name of either the person or entity who drafted the instrument, except that
papers or documents prepared outside of the Commonwealth shall be recorded
without such an entry. In addition, no deed shall be accepted for record by
the clerk unless it is accompanied by a current business or residence address
of the grantee or a designee. However, if the writing or deed is accepted for
record and spread on the deed books, it shall be deemed to be validly recorded
for all purposes. Such books shall be indexed by him as provided by §
17-79 and carefully preserved. Upon admitting any such writing or other paper
to record the clerk shall endorse thereon the day and time of day of such
recordation. More than one book may be used contemporaneously under the
direction of the clerk for the recordation of the writings mentioned in this
section whenever it may be necessary to use more than one book for the proper
conduct of the business of his office. After being so recorded such writings
may be delivered to the party entitled to claim under the same. Any clerk
failing to comply with the provisions of this section or of § 17-79 shall,
for every such failure, forfeit the sum of twenty dollars.