66-24-117 - Master form of mortgage clauses. - Tennessee Statutes

66-24-117. Master form of mortgage clauses.

(a)  An instrument containing a form or forms of covenants, conditions, obligations, powers, and other clauses of a mortgage or deed of trust may be recorded in the registry of deeds of any county and the recorder of such county, upon the request of any person, on tender of the lawful fees therefor, shall record the same in the recorder's registry. Every such instrument shall be entitled on the face thereof as a “Master Form recorded by  _______________________________________  (name of person causing the instrument to be recorded).” Such instrument need not be acknowledged to be entitled to record.

(b)  When the instrument is recorded, the recorder shall index the instrument under the name of the person causing it to be recorded in the manner provided for miscellaneous instruments relating to real estate.

(c)  (1)  After the recording of a master form pursuant to subsection (a) any or all of the provisions thereof may be incorporated by reference in a mortgage or deed of trust of real property situated within this state, provided:

          (A)  The master form has been previously recorded in the same county;

          (B)  The reference includes the date, the book volume, and the page or pages where the master form has been recorded; and

          (C)  A copy of the master form has been furnished to each of the persons executing the mortgage or deed of trust; provided, that if the mortgage or deed of trust contains a recitation or acknowledgment that the copy has been furnished, such recitation or acknowledgment shall be conclusive proof that such copy has been furnished.

     (2)  The recording of any mortgage or deed of trust which has so incorporated therein by reference any of the provisions of such master form shall have like effect as if such provisions had been set forth fully in the mortgage or deed of trust.

(d)  (1)  Whenever a mortgage or deed of trust is presented for recording which contains a verbatim copy of one (1) or more provisions of a master form previously recorded in the same county in conformity with subsection (a), the register shall not record such copied provisions, nor charge the recording fees therefor, unless requested to re-record the same by the person offering the instrument for recording, notwithstanding any statute or custom requiring the recording of the entirety of any instrument accepted for recording; provided, that:

          (A)  Such mortgage or deed of trust shall, in the portion designated for recording, contain a proper reference to the date, volume, and page of the recording of the master form which contains the copied provisions; and

          (B)  The copied provisions:

                (i)  Are appropriately physically separated from the other provisions in such a way as to make it feasible to omit the same when the recording is done photographically; and

                (ii)  Are appropriately preceded by a notation direction to the effect of “do not record” or “not to be recorded.”

     (2)  Any register of deeds who follows the above procedures in the performance of these duties shall not be liable for so doing, any other provisions of law to the contrary notwithstanding.

[Acts 1967, ch. 334, § 1; T.C.A., §§ 64-2419 64-2922.]