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DOCUMENT STANDARDS 7-4-2636 MCA
All documents that are
acknowledged as having been executed prior to 4-28-07 are
accepted for recording as a standard document. The fee will be $7.00 per
page.
Unless accompanied by the fee
required in 7-4-2637, all documents submitted for recording must meet the
following requirements:
1. Margin requirements are:
3” at top of 1st page, at least 1” at top of all subsequent
pages, 1” at bottom of each page, at least ˝” on sides of each
page.
2. Include the name and
mailing address of the person to whom the document is to be returned in
the margin in the upper left-hand corner of the 1st page
of each document which may be legibly printed in ink or typed. This must be
within the 3” top margin and between the ˝” side margins.
3. Except for page numbers
or other designations all margins must be clear of all
markings. The document standards committee has determined that other
designations may be:
a. form numbers
b. form names
c. last date form updated
d. fax transmittal information
e. tribal information
f. Initials
The above listed items in a –
f do not have to be 10 point type
4. The document must be
legibly printed or typed in blue or black ink in at least 10 point
typeface on white paper of not less than 20 lb. Weight, on 8 ˝ x 11” or 8 ˝
x 14” paper. The document standards committee decided on the following:
1a of the law provides for a document to be legibly printed or typed in
black ink and 1d of the law allows for handwriting to be in blue or black
ink. This appears to be a conflict so we decided to allow legible printing
in blue or black ink. Addresses of grantees must be in blue or black ink
when legibly printed in. A whole document legibly printed in blue or black
ink, meeting all other document standards, is a standard document. A whole
document that is written in cursive is non-standard. If only the date is
handwritten in cursive on a printed or typed form the document is standard.
Documents that convey
an interest in real property (this may includedeeds, contracts for deed,
reconveyances, satisfactions, assignments, mortgages, deeds of trust and
substitution of trustee documents) must meet the above requirements
plus:
1. Provide the names
of the parties to the conveyance on the 1st or 2nd
page of any document with more than one page.
2. Provide a description of
the property. The document standards committee has determined that a legal
description is required or the document may reference, as provided in
7-4-2613, any provision, statement, description, or other language or
material that is contained in another properly recorded instrument and that
is recorded in the same county as the instrument that is incorporating the
language or material by reference is to be recorded.
A street address is not a
description of the property.
3. Have all
signatures, initials, dates, handwriting, or notary stamps in blue or black
ink.
An acknowledgment by a
notary is exempt from the color, typeface, and font requirements of this
section.
An officially certified
court or other government document, whether from an in-state or out-of-state
office, is exempt from the provisions of this section.
A document which includes
highlighting is a non-standard document. Be sure to put in the note field
of your program that the document contained highlights which may not show up
on the scanned image and microfilm. |