11 AAC 06.040 - Prerequisites for recording documents

(a) An original document or an electronic document is entitled to be recorded if

(1) it is of the type identified in AS 40.17.110;

(2) it is in compliance with AS 40.17.030;

(3) it meets one of the following format requirements, except that a UCC fixture statement recorded in a recording district need not conform to these requirements:

(A) it contains margins and a font size that conform to the following minimum requirements:

(i) at least two inches of blank space across the top of the first page of the document;

(ii) at least one-inch margins on the remainder of the first page and on all other pages of the document;

(iii) type size no smaller than 10-point font;

(B) for original documents only, it is a nonstandard document and is accompanied by an additional fee for nonstandard documents as set out in 11 AAC 05.200; for purposes of this subparagraph, a document

(i) is a nonstandard document if it does not substantially meet the margin requirements in (A)(i) and (ii) of this paragraph, but meets all other requirements to be eligible for recording; and

(ii) does not substantially meet the margin requirements in (A)(i) and (ii) of this paragraph if a substantial portion of the document exceeds those requirements, or if any portion of the document exceeds those requirements by more than one-half inch;

(4) it is accompanied by the fee for recording set out in 11 AAC 05.200;

(5) it contains a title reflecting the overall intent of the document;

(6) the information required for indexing is in English;

(7) for a document on which a legal description is present, that description is complete enough that a particular parcel can be geographically located and identified; a legal description is sufficient for purposes of recording if it contains, at a minimum, a section, township, range, and meridian designation of the parcel or, in the case of subdivided property, the

(A) lot and block of the parcel; and

(B) subdivision name or plat number of the parcel;

(8) it contains the legibly printed or typed names of all parties required to be indexed;

(9) it contains the recording book and page or serial number information of the original document that any amendment, correction, extension, modification, assignment, or release, partial or full, affects;

(10) it is submitted on opaque white paper stock not larger than 81/2 x 14 inches, or, if the document is a plat of survey, subdivision plat, or record of survey, is submitted on biaxially oriented polyester film that does not exceed 32 x 36 inches; the biaxially oriented polyester film used must be of archive quality; for documents authorized to be submitted by electronic means, the electronic version of the document must appear to comply substantially with this requirement;

(11) it contains original signatures except that a UCC fixture statement recorded in a recording district on or after August 23, 2001 may be submitted without an original signature of the debtor;

(12) it contains the name of the recording district in which it is to be entered into the public record; and

(13) in the case of an electronic document, it is a document that is authorized to be submitted electronically, it is submitted electronically by a person with authority to submit electronic documents under (g) of this section, and it otherwise complies with AS 40.17, the requirements of this chapter, and the Memorandum of Agreement Regarding Electronic Recordingsigned in accordance with (g) of this section.

(b) A certified copy of a document is entitled to be recorded if the certified copy complies with AS 40.17.030(b).

(c) An original document that is otherwise recordable on its own may not be submitted as an attachment to any other document.

(d) Repealed 1/17/90.

(e) It is the responsibility of the person submitting a document for recording to ensure that the prerequisites for recording as established by this section and by statute are met.

(f) If the document submitted for recordation is a plat of survey, subdivision plat, or record of survey, it becomes the property of the state after recording.

(g) Upon execution of the department's form Memorandum of Agreement Regarding Electronic Recording, Version 1 (07/2009), which is adopted by reference, the following persons may submit documents electronically for recording with a district recorder that accepts electronic recordings, so long as the original documents and the electronic documents comply with the requirements of AS 40.17, this chapter, and the Memorandum of Agreement:

(1) an attorney licensed in the state;

(2) a bank, savings and loan association, savings bank, or credit union doing business under laws of the United States or the state;

(3) a federally chartered lending institution, a federal government-sponsored entity, an instrumentality of the federal government, or a person approved as a mortgagee by the United States to make federally insured loans;

(4) a person authorized to make regulated loans in the state;

(5) a title insurance company or title insurance agent authorized to do business in the state;

(6) an agency of the state;

(7) municipalities, boroughs, cities, or towns within the state;

(8) a provider of electronic document recording services who is authorized to do business in the state.

Notes

11 AAC 06.040

Eff. 6/1/86, Register 98; am 1/17/90, Register 113; am 8/23/2001, Register 159; am 4/2/2004, Register 169; am 12/14/2008, Register 188; am 12/5/2009, Register 192; am 7/10/2011, Register 199; am 7/1/2018,Register 227, October 2018

Authority:AS 09.80.020

AS 09.80.150

AS 40.15.010

AS 40.17.030

AS 40.17.110

AS 44.37.025

AS 45.29.502