Requirements for Filing Documents

Document Types

Agreements

• Grantor and grantee names

All Documents

• Name of preparer of instrument
• Property in Montgomery County
• Original document or certified copy (all certified copies must have clerk signature and seal from certifying office)
• Must be signed
• Notarized with complete notary acknowledgement (Notarization is optional for leases)
• Date notarized
• Date notary commission expires
• Check payable to Register of Deeds
• The check must be dated and signed
• Is the document taxable?
• Check disposition of document

Assignment of D.O.T

• Assignor & assignee
• Name of debtor
• Book & Page of assigned document
• $5 on each additional assignment reference

Assumption Agreement

• Reference original DOT
• “Maximum principle indebtedness for Tennessee tax purposes is $0.” Only if the assumption is without a release, it releases the original borrower and tax is collected.

Decree for Redemption

• Chancery clerk deed with seal from court

Decree Confirming Sale

• Owners name and address
• Tax bill name and address
• Map and parcel number
• Oath of Consideration

Deed of Trust

• Debtor name
• Secured party name
• Trustee name
• Property Description
• Current derivation clause
• “Maximum principle indebtedness”

Divorce Decree

• Certified Copy

Easements

• Oath of Consideration, taxable

Fixture Filing

• Collateral to secure indebtedness
• Debtor and secured party name and address
• “Maximum principal indebtedness”
• Special form
• Fixture filings must have: “Fixture filing, file in real estate records”
• Fixtures state name of record
• Owner & address of property where fixture is located
• Financing statements $0.50 Per page for each page over 10

Fiture Continuations

• Must have wording: “Exactly same collateral as prior debt, does not increase principal debt”
• Assignment must state assigning party

Fixture Terminations

• Statements must be signed and dated by secured party
• All subsequent documents must refer to original filing
• “True lease” transactions must state $0 as amount and “No security interest – true lease”
• Information only filings must state $0 for special indebtedness & “No security interest, notice only”

Greenbelt Assessments

• Approved by tax assessor

Lien Retained Deeds

• New owner name and address
• Tax bill address
• Grantor and grantee
• Map & parcel number
• Oath of consideration
• “Maximum principal indebtedness”
• Property description
• Derivation clause

Installment Contract

• “Maximum principal indebtedness”
• Mortgage tax due
• Signed by debtor
• Notarized and dated

Liens

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

Master Deeds

• Check all exhibits

Modification of D.O.T.

• If modifying amount, must state amount of increase in the maximum indebtedness. There is a $250 penalty or double the tax, whichever is greater, if it is over 60 days old.
• Original reference

Mortgage

• Debtor name
• Secured party name
• Property description
• Current derivation clause
• “Maximum principle indebtedness”

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

Power of Attorney

• Grantor and grantee names

Quit Claim Deeds

• Owner name and address
• Tax bill name and address
• Map and parcel
• Grantor and grantee names, may convey interest only (have and to hold language)
• Property description
• Current derivation clause
• Oath of consideration
• No title warranty
• May have $0 or actual consideration in oath

Release of Liens

• Reference instrument being released
• name of debtor(s)

Subdivision Plats

• Reference numbers
• Signature of planning commission
• Signature and seal of surveyor
• Property owner

Wills

• Certified copy from probate

Warranty Deed

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