Indexes; entries.

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46:26A-8. Indexes; entries.

a. The county recording officer shall maintain one index of all recorded documents and may make other separate, classified, analytical or combination indexes.

b. A deed or other conveyance shall be indexed by the names of its grantors and grantees, and also shall be indexed by the name of:

(1) the testator or intestate if a deed or other conveyance is made by executors or administrators;

(2) the person granting the power of attorney if a deed is made under power of attorney;

(3) the defendants in the execution for which the sale was made if a deed is made by a sheriff; and

(4) the person whose property has been conveyed if a deed is made by a person appointed to convey property by a court.

c. A mortgage shall be indexed by the names of the mortgagors and mortgagees.

d. An assignment, extension, postponement, modification or discharge of a mortgage shall be indexed by the names of the mortgagors, assignors and assignees.

e. A trust instrument shall be indexed by the names of the parties to the instrument and in the names of beneficiaries if they appear.

f. Any other document shall be indexed by the names of the parties to it.

g. A document shall also be indexed by additional names requested by the person submitting the document for recording if an affidavit is presented at the time the document is presented for recording attesting to facts establishing the specific relationship of the names to the document submitted and the need for indexing the document by the additional names supplied.

h. A document shall be indexed from the information supplied on its cover sheet or electronic synopsis if one is submitted. A recording officer shall not be liable for differences between the cover sheet or electronic synopsis and the document.

i. If a law requires a notation be placed on or in the margin of any recorded or filed document, the statutory requirement for marginal notations shall be satisfied by recording and indexing the document.

Source: 46:20-1; 46:20-3; 46:20-5; 46:19-2.

L.2011, c.217, s.1.


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