EFFECTIVE IMMEDIATELY All deeds
recorded in the City of Norfolk MUST comply with the new provisions
of Virginia Code Section 17.1-223. All deeds must be prepared
by the owner of the property or by an attorney licensed to practice
in Virginia. The requirements are listed below in the code
section.
§ 17.1-223. Duty of clerk to record
writings, etc., and make index.
A. Every writing authorized by law to be
recorded, with all certificates, plats, schedules or other papers
thereto annexed or thereon endorsed, upon payment of fees for the
same and the tax thereon, if any, shall, when admitted to record, be
recorded by or under the direction of the clerk on such media as are
prescribed by §
17.1-239. However, the clerk has the authority to reject any
writing for filing or recordation unless (i) each individual's
surname only, where it first appears in the writing, is underscored
or written entirely in capital letters, (ii) each page of the
instrument or writing is numbered, (iii) the Code section under
which any exemption from recordation taxes is claimed is clearly
stated on the face of the writing, (iv) the names of all grantors
and grantees are listed as required by §§
55-48 and
55-58, and if a cover sheet is used pursuant to §
17.1-227.1, that the names of all grantors and grantees on the
face of such writing are the same on the cover sheet, and (v) the
first page of the document bears an entry showing the name of either
the person or entity who drafted the instrument, except that papers
or documents prepared outside of the Commonwealth shall be recorded
without such an entry. The clerk has the authority to reject any
deed for filing or recordation, except for deeds in which a public
service company, railroad, or cable system operator is either a
grantor or grantee, unless the deed
states on the first page of the document that it was prepared by the
owner of the real property or by an attorney licensed to practice
law in the Commonwealth where such statement by an attorney shall
include the name and Virginia State Bar number of the attorney who
prepared the deed. However, it shall be sufficient that deeds
prepared under the supervision of the Office of the Attorney General
of Virginia so state without the name of an attorney or bar number.
Such writing, once recorded, shall be returned to the grantee unless
otherwise indicated clearly on the face of the writing including an
appropriate current address to which such writing shall be returned.
B. The attorney or party who prepares the
writing for recordation shall ensure that the writing satisfies the
requirements of subsection A and that (i) the social security number
is removed from the writing prior to the instrument being submitted
for recordation, (ii) a deed conveying not more than four
residential dwelling units states on the first page of the document
the name of the title insurance underwriter insuring such instrument
or a statement that the existence of title insurance is unknown to
the preparer.
C. A document which appears on its face to
have been properly notarized in accordance with the Virginia Notary
Act (§
47.1-1 et seq.) shall be presumed to have been notarized
properly and may be recorded by the clerk.
D. If the writing or deed is accepted for
record and spread on the deed books, it shall be deemed to be
validly recorded for all purposes. Such books shall be indexed by
him as provided by §
17.1-249 and carefully preserved. Upon admitting any such
writing or other paper to record the clerk shall endorse thereon the
day and time of day of such recordation. More than one book may be
used contemporaneously under the direction of the clerk for the
recordation of the writings mentioned in this section whenever it
may be necessary to use more than one book for the proper conduct of
the business of his office. After being so recorded such writings
may be delivered to the party entitled to claim under the same.