Governor Sundquist has signed into law Senate Bill 512/House Bill 776. This new law amends Tennessee Code Annotated, Section 66-24-110 and provides an exception to the general law rule that the preparer of an instrument affecting interests in real estate place on the instrument a recital designating the deed, will, court decree or other source from which the grantor received the equitable interest. Under this new exception, if the deed or other instrument from which the grantor received the equitable interest is received simultaneously with the instrument upon which the recital is required, then the preparer is required to leave blanks in the recital for the book and page number or other appropriate reference and the register of deeds is then obligated to enter the appropriate reference after the deed or other instrument has been recorded. This new law became effective upon the governor’s signature, April 26, 2001.
This law is intended to deal with the common occurrence of a deed and deed of trust relating to the same real estate being filed simultaneously. Since the grantor of the deed of trust received his or her equitable interest from the deed being filed at the same time as part of the same overall real estate transaction, the preparer will not have the book and page or other appropriate reference at the time of
filing. Under the former law, the register did not have clear authority to fill in any blanks in a recital, but now this authority is clearly provided in the case of simultaneous filings regarding the same real estate. Registers should note that this exception only applies to simultaneous filings relating to the same real estate. Otherwise, the duty to make the complete recital rests with the preparer as under prior law.
If you have any questions, please contact your regional CTAS county government consultant.
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