Idaho Code 31-2402 – Instruments to Be Recorded
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(1) He must, upon the payment of his fees for the same, record separately, in large and well-bound separate books or through approved electronic storage systems, in legible handwriting, typewriting or by photographic reproduction:
(a) Deeds, grants, transfers and mortgages of real estate, releases of mortgages, powers of attorney to convey real estate and leases which have been acknowledged or proved and transcripts of judgments or decrees which affect the title or possession of real property, including water rights, any part of which is situate in the county of which the person is the recorder.
(b) Certificates of marriage and marriage contracts.
(c) Wills admitted to probate.
(d) Official bonds.
(e) Notices of mechanics’ liens.
(f) Transcripts of judgments which by law are made liens upon real estate.
(g) Notices of attachments upon real estate.
(h) Notices of the pendency of an action affecting real estate, the title thereto or possession thereof.
(i) Instruments describing or relating to the separate property of married women.
(j) Notices of preemption claims.
(k) Certified copies of any petitions, with the schedules omitted, filed in, and certified copies of any order or decree made or entered in, any proceeding under the national bankruptcy act.
(l) Financing statements under the uniform commercial code which cover timber to be cut, minerals or the like (including oil and gas), pursuant to section 28-9-301, Idaho Code, or fixtures.
(m) Notice of order of a general adjudication in conformance with section 42-1408, Idaho Code.
(n) Death certificates.
(o) Such other writings as are required or permitted by law to be recorded, as determined by the recorder.
(2) The recorder may refuse to record a document which, in his discretion and through consultation with the county prosecutor, is not authorized by law to be recorded, provided that a document listed in subsection (1)(a) through (n) of this section is authorized by law and must be recorded. Refusal pursuant to this section shall not create any liability.
Terms Used In Idaho Code 31-2402
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- person: includes a corporation as well as a natural person;
Idaho Code 73-114Probate: Proving a will Property: includes both real and personal property. See Idaho Code 73-114 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC