Current through Act 226 of the 2022 Fiscal Session.
Section 21-6-306 - Recorders(a)(1) The uniform fees to be charged by the recorders in the various counties in this state shall be as follows: (A) For recording deeds, deeds of trust, mortgages, release deeds, powers of attorney, plats, survey plats, notary bonds, foreign judgments, materialmen's liens, and other recordable instruments, except as otherwise prescribed in this section, fifteen dollars ($15.00) for one (1) page, one (1) side only, and five dollars ($5.00) for each additional page;(B)(i) For recording mortgage assignments, mortgage releases, mortgage modifications, correction deeds, and other instruments when multiple previously recorded instruments are listed for the purpose of assigning, releasing, modifying, or correcting the previously recorded instruments, an additional fee of fifteen dollars ($15.00) per instrument listed not to exceed three hundred dollars ($300) shall be charged.(ii) However, the recorder shall not charge an additional fee under subdivision (a)(1)(B)(i) of this section for any reference to a previously recorded instrument for a purpose other than to assign, release, modify, or correct a previously recorded deed or other similar instrument; and(C) Eight dollars ($8.00) for filing or recording a certificate of assessment or any other instrument not specified in this subsection.(2) If the recorder waives the requirements of § 14-15-402(b)(1) for good cause, the instrument may be recorded for an additional fee of twenty-five dollars ($25.00).(b)(1) All fees collected under this section shall be paid into the county treasury to the credit of the fund to be known as the "county recorder's cost fund".(2) Moneys deposited into this fund shall be appropriated and expended for the uses designated in this section by the quorum court at the direction of the recorder.(3) Appropriated moneys shall be placed into line items within the recorder's budget as approved by the quorum court.(c)(1) All moneys collected by the recorder as a fee as provided in this section shall be used by the recorder's office to offset administrative costs.(2)(A) At least twenty-five percent (25%) of the moneys collected annually shall be used to purchase, maintain, and operate an automated records system. The acquisition and update of software for the automated records system shall be a permitted use of these funds.(B) At the discretion of the recorder, any funds not needed by the recorder for any of the purposes under this subdivision (c)(2) may be transferred to the county general fund.(C) Any funds in excess of one million dollars ($1,000,000) held at any time in the county recorder's cost fund shall be transferred to the county general fund.Amended by Act 2021, No. 982,§ 1, eff. 7/28/2021.Acts 1945, No. 55, § 2; 1963, No. 124, § 1; 1977, No. 333, § 3; A.S.A. 1947, § 12-1720; Acts 1989, No. 534, § 2; 1995, No. 768, § 1; 2001, No. 1144, § 1; 2003, No. 1339, § 1; 2007, No. 615, § 1; 2009, No. 202, § 1.