66-24-115 - Name of preparer of instrument. - Tennessee Statutes

66-24-115. Name of preparer of instrument.

(a)  (1)  No instrument by which the title to real estate or personal property, or any interest therein, or lien thereon, is conveyed, created, encumbered, assigned or otherwise affected, or disposed of, nor any power of attorney, including, but not limited to, any durable power of attorney for health care, shall be received for record, or filing, by the county register unless the name and address of the person or the governmental agency, if any, that prepared such instrument, appears on the face of the first page thereof, and such name is either printed, typewritten, stamped, or signed in a legible manner.

     (2)  An instrument will be in compliance with this section if it contains a statement in the following form: “This instrument was prepared by (name)  _______________________________________  (address)  _______________________________________ ”; provided, that the receiving for record, or filing, of any such instrument by the county register without complying with the provisions of this section shall not prevent the instrument from becoming notice as now provided by law.

(b)  Any fee charged by the register for recording, or filing, of any such instrument which does not conform with the provisions of this section shall be returned by the register to the person who paid the fee upon request, if made within six (6) months after recording or filing of same, and if no such request is made within the time the fee shall be paid into the county general fund by the register.

(c)  This section does not apply to any instrument executed prior to July 1, 1965, nor to any decree, order, judgment, writ of any court, will or death certificate.

(d)  This section shall not apply to any Uniform Commercial Code instrument, including instruments intended as or that relate to a fixture filing pursuant to § 47-9-409.

[Acts 1965, ch. 363, § 1; T.C.A., § 64-2417; Acts 1999, ch. 105, §§ 1, 2.]