Cite as: 33 CNCA § 5

A. The Recording Clerk shall maintain in the Nation's Real Estate Service Office a system for the recording of mortgages and to such other documents as the Nation may designate by law or resolution.

B. The Recording Clerk shall endorse upon any mortgage or other document to be recorded:

1. The date and time of receipt of the mortgage or other document;

2. The filing number, to be assigned by the Recording Clerk, which shall be a unique number for each mortgage or other document received; and

3. The name of the Recording Clerk or designee receiving the mortgage or document.

Upon completion of the above-cited endorsements, the Recording Clerk shall make a true and correct copy of the mortgage or other document and shall certify the copy as follows:

Cherokee Nation.)

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Given under my hand and seal this ____ day of _______________.

(SEAL)____________________________

(Signature)

____________________________

(Date)

The Recording Clerk shall maintain the copy in the records of the recording system, and shall return the original of the mortgage or other document to the person or entity that presented the same for recording.

C. The Recording Clerk shall also maintain a log of each mortgage or other document recorded, in which there shall be entered:

1. The name(s) of the borrower/mortgagor of each mortgage, identified as such;

2. The name(s) of the lender/mortgagee of each mortgage, identified as such;

3. The name(s) of the grantor(s), grantee(s), or other designation of each party named in any other documents filed or recorded;

4. The date and time of the receipt;

5. The filing number assigned by the Recording Clerk; and

6. The name of the Recording Clerk or designee receiving the mortgage or document.

D. The certified copies of the mortgages and other documents and the log maintained by the Recording Clerk shall be made available for public inspection and copying. Rules for copying shall be established and disseminated by the Nation's Recording Clerk.

Historical Data

LA 21–96, eff. December 16, 1996.