59.42 Annotation
In a county with a population of under 500,000 [now 750,000] with a county executive and a salaried corporation counsel, the county board may retain the services of a private attorney to provide legal services in civil matters to the county board and human resources department. The county board must authorize, approve, and establish the parameters for such contracts; contract negotiation and administration are duties performed by the county executive.
OAG 1-13.
59.43
59.43
Register of deeds; duties, fees, deputies. 59.43(1b)(1b)
Definition. In this section, “book," if automated equipment is used, may include forms, tab or computer printed sheets as well as cards and other supply forms which although processed separately may be bound after preparation.
59.43(1c)
(1c)
Register of deeds; duties. Subject to sub.
(1m), the register of deeds shall:
59.43(1c)(a)
(a) Record or cause to be recorded in suitable books to be kept in his or her office, correctly and legibly all deeds, mortgages, instruments, and writings authorized by law to be recorded in his or her office and left with him or her for that purpose, provided the documents have plainly printed or typewritten on the document the names of the grantors, grantees, witnesses, and notary. The register of deeds shall record or file or cause to be recorded or filed all plats and certified survey maps that are authorized to be accepted for recording or filing in his or her office. Any county, by a resolution adopted by the board, may combine the separate books or volumes for deeds, mortgages, miscellaneous instruments, attachments, lis pendens, sales and notices, certificates of organization of corporations, plats, or other recorded or filed instruments or classes of documents as long as separate indexes may be produced. Notwithstanding any other provisions of the statutes, any county adopting a system of microfilming or like process or a system of recording documents by optical imaging or electronic formatting under ch.
228 may substitute the headings, reel, disc, or electronic file name and microfilm image (frame) for volume and page where recorded and different classes of instruments may be recorded, reproduced, or copied on or transferred to the same reel, disc, or electronic file or part of a reel or disc. All recordings made prior to June 28, 1961, that would have been valid under this paragraph, had this paragraph then been in effect, are validated by this paragraph.
59.43(1c)(c)
(c) State upon the record of any conveyance of real estate the real estate transfer fee paid or, if the conveyance is not subject to a fee, the reason for the exemption, citing the relevant subsection of s.
77.25.
59.43(1c)(d)
(d) Keep
safely and maintain the documents, images of recorded documents and indexes mentioned in this section and in s.
84.095 in the manner required.
59.43(1c)(e)
(e) Endorse upon each instrument or writing received by the register for record a certificate of the
date and time when it was received, specifying the day, hour and minute of reception, which shall be evidence of such facts.
Instruments shall be recorded in the order in which they are received.
59.43(1c)(f)
(f) Endorse plainly on each instrument a number consecutive to the number assigned to the immediately previously recorded or filed instrument, such that all numbers are unique for each instrument within a group of public records that are kept together as a unit and relate to a particular subject.
59.43(1c)(g)
(g) Safely keep and return to the party entitled thereto, on demand within a reasonable time, every instrument that is left with the register for record not required by law to be kept in the register's office.
59.43(1c)(h)
(h) Register, file and index all marriages contracted, deaths and births occurring in the county.
59.43(1c)(i)
(i) Make and deliver to any person, on demand and upon payment of the required fees, a certified copy, with the register's official seal affixed, of any record, paper, file, map or plat in the register's office.
59.43(1c)(j)
(j) File and safely keep in the register's office all of the records, documents and papers of any post of the Grand Army of the Republic and of any historical society in the register's county.
59.43(1c)(k)
(k) Keep an index of all organizational documents of corporations, fraternal societies, religious organizations, associations, and other entities, and all amendments of the documents, that are allowed or required by law to be filed or recorded in the register's office. The index shall be accessible and searchable by the name of the corporation, fraternal society, religious organization, association, or other entity and shall contain a reference to the document number of the organizational document or amendment and, if given on the document, the volume and page where the organizational document or amendment is filed or recorded in the register's office.
59.43(1c)(L)
(L) Record all documents pertaining to security interests, as defined in s.
401.201 (2) (t), that are required or authorized by law to be recorded with the register. Except as otherwise prescribed by the department of financial institutions under subch.
V of ch. 409, these documents shall be executed in a manner that satisfies the requirements set forth in sub.
(2m) (b) 1. to
5. 59.43(1c)(m)
(m) Keep these chattel documents in consecutive numerical arrangement, for the inspection of all persons, endorsing on each document the document number and the date and time of reception.
59.43(1c)(n)
(n) Upon the recording of a financing statement or other document evidencing the creation of a security interest, as defined in s.
401.201 (2) (t), required to be filed or recorded with the register under s.
409.501 (1) (a), index the statement or document in the real estate records index under sub.
(9).
59.43(1c)(o)
(o) Upon the filing of an assignment, continuation statement, termination statement, foreclosure affidavit, extension, or release pertaining to a filed financing statement or other chattel security document, index the document in the real estate records index under sub.
(9).
59.43(1c)(p)
(p) Perform all other duties that are required of the register of deeds by law.
59.43(1c)(q)
(q) Record and index writings that are submitted according to s.
289.31 (3), evidencing that a solid or hazardous waste disposal facility will be established on the particular parcel described in the writings.
59.43(1c)(r)
(r) Record and index marital property agreements under ch.
766 and statements and revocations under s.
766.59.
59.43(1c)(t)
(t) Upon commencement of each term, file his or her signature and the impression of his or her official seal or rubber stamp in the office of the secretary of state.
59.43(1c)(u)
(u) Submit that portion of recording fees collected under sub.
(2) (ag) 1. and
(e) and not retained by the county to the department of administration under s.
59.72 (5).
59.43(1g)
(1g)
Authority to reject entire group of related documents. If the register of deeds is presented with a group of related documents that has been identified by the person submitting the documents by any reasonable method as representing a single transaction and one or more documents within the group may not be recorded because of a failure to comply with any provision of sub.
(2m), the register of deeds may return the entire group of documents unrecorded.
59.43(1m)
(1m)
Restrictions on recording instruments with social security numbers. 59.43(1m)(a)
(a) Except as otherwise provided in this subsection, a register of deeds may not record any instrument offered for recording if the instrument contains the social security number of an individual.
59.43(1m)(b)
(b) If a register of deeds is presented with an instrument for recording that contains an individual's social security number, and if the register of deeds records the instrument but does not discover that the instrument contains an individual's social security number until after the instrument is recorded, the register of deeds may not be held liable for the instrument drafter's placement of an individual's social security number on the instrument and the register of deeds may remove or obscure characters from the social security number such that the social security number is not discernable on the instrument.
59.43(1m)(c)
(c) If a register of deeds records an instrument that contains the complete social security number of an individual, the instrument drafter is liable to the individual whose social security number appears in the recorded public document for any actual damages resulting from the instrument being recorded.
59.43(1m)(cm)
(cm) If a register of deeds is presented with an instrument for recording that contains an individual's social security number the register of deeds may, prior to recording the instrument, remove or obscure characters from the social security number such that the social security number is not discernable on the instrument.
59.43(1m)(f)
(f) Paragraphs
(a) to
(c) do not apply to certificates of discharge or release recorded under s.
45.05.
59.43(2)
(2)
Register of deeds; fees. Every register of deeds shall receive the following fees:
59.43(2)(a)1.1. In this subsection, “
page" means one side of a single sheet of paper.
59.43(2)(a)2.
2. Any instrument that is submitted for recording shall contain a blank space at least 3 inches by 3 inches in size for use by the register of deeds. If the space is not provided, the register of deeds may add a page for his or her use and charge for the page a fee that is established by the county board not to exceed an amount reasonably related to the actual and necessary cost of adding the page.
59.43(2)(ag)1.1. Subject to s.
59.72 (5), for recording any instrument entitled to be recorded in the office of the register of deeds, $30, except that no fee may be collected for recording a change of address that is exempt from a filing fee under s.
185.83 (1) (b) or
193.111 (1) (b).
59.43(2)(ag)2.
2. In the event of conflict in the statutes regarding recording fees, subd.
1. shall control, except that subch.
V of ch. 409 and s.
409.710 shall control this section.
59.43(2)(ar)
(ar) No person may record under this section a single instrument that contains more than one mortgage, or more than one mortgage, being assigned, partially released or satisfied.
59.43(2)(b)
(b) For copies of any records or papers, $2 for the first page plus $1 for each additional page, plus $1 for the certificate of the register of deeds, except that the department of revenue is exempt from the fees under this paragraph.
59.43(2)(c)
(c) Notwithstanding any other provision of law the register of deeds with the approval and consent of the board may enter into contracts with municipalities, private corporations, associations, and other persons to provide noncertified copies of the complete daily recordings and filings of documents pertaining to real property for a consideration to be determined by the board which in no event shall be less than cost of labor and material plus a reasonable allowance for plant and depreciation of equipment used.
59.43(2)(d)
(d) For performing functions under s.
409.523, the register shall charge the fees provided in s.
409.525, retain the portion of the fees prescribed under s.
409.525, and submit the portion of the fees not retained to the state. A financing statement and an assignment or notice of assignment of the security interest, offered for filing at the same time, shall be considered as only one document for the purpose of this paragraph. Whenever there is offered for filing any document that is not on a standard form prescribed by ch.
409 or by the department of financial institutions or that varies more than 0.125 inch from the approved size as prescribed by sub.
(1c), the appropriate fee provided in s.
409.525 or an additional filing fee of one-half the regular fee, whichever is applicable, shall be charged by the register.
59.43(2)(e)
(e) Subject to s.
59.72 (5), for filing any instrument which is entitled to be filed in the office of register of deeds and for which no other specific fee is specified, $30.
59.43(2)(f)
(f) The fees for processing vital records or for issuing copies of vital records shall be as provided in s.
69.22.
59.43(2)(g)
(g) For making a new tract index upon the order of the board, the amount that is fixed by the board, to be paid from the county treasury.
59.43(2)(h)
(h) For recording
and filing a cemetery plat under s.
157.07, a subdivision plat under s.
236.25 or a condominium plat under s.
703.07, $50.
59.43(2)(j)
(j) All fees under this subsection shall be payable in advance by the party procuring the services of the register of deeds, except that the fees for the services performed for a state department, board or commission shall be invoiced monthly to such department, board or commission.
59.43(2m)
(2m)
Standard format requirements for recorded documents. 59.43(2m)(a)(a) Except as provided in pars.
(d) and
(e), no document may be recorded in the office of a register of deeds unless it substantially complies with all of the following on the first page of the instrument:
59.43(2m)(a)1.
1. The name of the instrument is clear and is located not less than 0.5 inch nor more than 3 inches from the top of the document. If more than one instrument name is given, the first name given shall be used for indexing purposes.
59.43(2m)(a)2.
2. A horizontal area within 3 inches of the top of the instrument in the upper left corner of the instrument, not less than 0.5 inch by 2 inches, is left blank for the unique document number.
59.43(2m)(a)3.
3. An area in the upper right corner of the instrument, at least 3 inches by 3 inches, is left blank for recording information.
59.43(2m)(a)4.
4. A horizontal area for the return address, at least one inch by 3 inches, is on the instrument in one of the following areas:
59.43(2m)(a)4.a.
a. Directly below the recording information area described under subd.
3. 59.43(2m)(a)4.c.
c. Directly below the name of the instrument if the return address does not extend further than 3 inches from the top of the instrument.
59.43(2m)(a)5.a.a. Subject to subd.
5. b. and
c., a space and a line are provided directly below the return address information and the line is labeled as “parcel identifier number", “parcel identification number", “parcel ID number", “parcel number" or “PIN".
59.43(2m)(a)5.b.
b. If multiple parcels are affected by the instrument, the line described under subd.
5. a. may be used to refer the reader to another area of the instrument where the parcel identifier number is located.
59.43(2m)(a)5.c.
c. Subdivision
5. a. applies only in a county whose board requires the use of a parcel identifier number.
59.43(2m)(b)
(b) Except as provided in pars.
(d) and
(e), no document may be recorded in the office of a register of deeds unless it substantially complies with all of the following:
59.43(2m)(b)2.
2. The page width is 8.5 inches and the page length is either 11 inches or 14 inches. The maximum deviation from any of these measurements may not exceed 0.25 inch.
59.43(2m)(b)3.
3. A multipage instrument is not hinged or otherwise joined completely at the top or sides.
59.43(2m)(b)4.
4. The entire document is clear and the letters, numbers, symbols, diagrams and other representations in the document are large enough and dense enough to be reproduced or read by a copy machine and a microfilm camera or optical scanner to the extent that the image captured is legible.
59.43(2m)(b)5.
5. The ink is black, blue, or red, except that signatures and coded notations on maps may be other colors.
59.43(2m)(b)6.
6. The top margin of each page is 0.5 inch, except that company logos may appear within this margin if they do not interfere with any of the other requirements of this subsection.
59.43(2m)(b)7.
7. The bottom and side margins of each page are at least 0.25 inch.
59.43(2m)(c)
(c) The register of deeds shall provide, upon request, a blank form which a person may complete and use as the first page of an instrument that the person seeks to record. The blank form shall be provided without charge and shall conform to the provisions of pars.
(a) and
(b).
59.43(2m)(d)1.
1. Copies of documents that are certified by the state or by a city, village, town or county, or by a subunit or instrumentality of any of the foregoing.
59.43(2m)(e)
(e) Every instrument that the register of deeds accepts for recordation under this subsection shall be considered recorded despite its failure to conform to one or more of the requirements of this subsection, if the instrument is properly indexed in a public index maintained in the office of the register of deeds.
59.43(3)
(3)
Register of deeds; deputies. Every register of deeds shall appoint one or more deputies, who shall hold office at the register's pleasure. The appointment shall be in writing and shall be recorded in the register's office. The deputy or deputies shall aid the register in the performance of the register's duties under the register's direction, and in case of the register's vacancy or the register's absence or inability to perform the duties of the register's office the deputy or deputies shall perform the duties of register until the vacancy is filled or during the continuance of the absence or inability.
59.43(4)
(4)
Register of deeds; microfilming and optical disk and electronic storage. 59.43(4)(a)
(a) Except as provided in par.
(b), upon the request of the register of deeds, any county, by board resolution, may authorize the register of deeds to photograph, microfilm, or record on optical discs or in electronic format records of deeds, mortgages, or other instruments relating to real property or may authorize the register of deeds to record on optical discs or in electronic format instruments relating to security interests in accordance with the requirements of s.
16.61 (7) or
59.52 (14) and to store the original records within the county at a place designated by the board. The storage place for the original records shall be reasonably safe and shall provide for the preservation of the records authorized to be stored under this paragraph. The register of deeds shall keep a photograph, microfilm, or optical disc or electronic copy of such records in conveniently accessible files in his or her office and shall provide for examination of such reproduction or examination of a copy generated from an optical disc or electronic file in enlarged, easily readable form upon request. Compliance with this paragraph satisfies the requirement of sub.
(1c) (a) that the register of deeds shall keep such records in his or her office. The register of deeds may make certified copies reproduced from an authorized photograph, from a copy generated from optical disc or electronic storage, or from the original records.
59.43(4)(b)
(b) The register of deeds may microfilm or record on optical discs or in electronic format notices of lis pendens that are at least one year old, in accordance with the requirements of s.
16.61 (7) or
59.52 (14) (b) to
(d). The register of deeds shall keep a microfilm or optical disc or electronic copy of notices of lis pendens in conveniently accessible files in his or her office and shall provide for examination of such reproduction or examination of a copy generated from optical disc or electronic storage in enlarged, easily readable form upon request. Compliance with this paragraph satisfies the requirement of sub.
(1c) (a) that the register of deeds shall keep such records in his or her office. The register of deeds may make certified copies reproduced from a copy generated from microfilm or from optical disc or electronic storage. The register of deeds may destroy or move to off-site storage any notice of lis pendens that has been microfilmed or recorded on optical disc or in electronic format under this paragraph.
59.43(4)(c)
(c) With regard to any instrument filed with or recorded by a register of deeds before April 1, 2006, which the register of deeds makes available for viewing or download on the Internet, the register of deeds shall make a reasonable effort to make social security numbers from the transferred instrument's electronic format not viewable or accessible on the Internet.
59.43(4)(d)
(d) No later than March 31 annually, every register of deeds of a county that has not completed making social security numbers from electronic format records not viewable or accessible on the Internet under par.
(c) shall submit to the department of administration a report regarding the progress made by the county during the preceding year in making social security numbers from electronic format records not viewable or accessible on the Internet under par.
(c), including a statement of the number of instruments transferred to an electronic format in the preceding year, the number of these instruments from which social security numbers were made not viewable or accessible on the Internet in the preceding year, the number of instruments remaining from which social security numbers remain to be made not viewable or accessible on the Internet, and the estimated time needed to review the remaining instruments for making social security numbers not viewable or accessible on the Internet.
59.43(5)
(5)
Including name of person drafting instrument. 59.43(5)(a)
(a) No instrument by which the title to real estate, or any interest therein or lien thereon, is conveyed, created, encumbered, assigned or otherwise disposed of shall be recorded by the register of deeds unless the name of the person who, or governmental agency which, drafted such instrument is printed, typewritten, stamped or written thereon in a legible manner. An instrument complies with this subsection if it contains a statement in the following form: “This instrument was drafted by .... (name) ....".
59.43(5)(b)
(b) Paragraph
(a) does not apply to an instrument executed before May 9, 1957, or to:
