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1996 SESSION
961545312Be 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 [ law firm entity ]
who drafted the instrument, except that papers or documents prepared
outside of the Commonwealth [ may 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.