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Land Records Cover Sheet - Frequently Asked Questions
The following questions are primarily intended to assist regular
patrons of the Clerk's Office (e.g., title agencies, real estate firms,
real estate attorneys, mortgage lenders, etc.) in understanding procedures
and requirements relating to the implementation and use of Cover Sheets.
The information provided herein should also prove helpful to the general
public when questions concerning land recordation arise. For specific
questions not addressed herein or for additional assistance, please
contact the Clerk's Office at (804) 748-1285.
What is the start date for requiring Land Records
Cover Sheets?
July 1, 2004
What will happen if, on or after July 1, 2004,
the Clerk's Office receives an instrument for recording without a Cover
Sheet?
The instrument will not be recorded and will be returned
to the filing party with information regarding Cover Sheet requirements.
Further details concerning rejection are provided below.
What's the reason for implementation?
- Increased workload demands – land record filings have
doubled since 2001.
- Clerks statewide have faced years of level funding,
followed by a series of significant budget cuts. Further, the Commonwealth
has appropriated no new monies for additional positions since the mid
1990s, thereby making it virtually impossible for Clerks of Court in
high growth areas such as Chesterfield to keep pace with workload demands.
- Pursuant to Code of Virginia § 17.1-227.1,
circuit court clerks have discretion to require that all instruments
recorded in the Deed Book be accompanied by a Land Records Cover
Sheet.
- Cover Sheet technology has been thoroughly tested in
jurisdictions of varying size and has proven to be beneficial for both
courts and their customers, particularly patrons from the real estate
community. For court personnel, the technology has facilitated enhanced
receipting and indexing activities, while customers have realized reduced
errors and faster turnaround times for document processing.
How does the Cover Sheet work?
- The Cover Sheet software will generate a hard copy Cover
Sheet containing a bar code. The bar code captures the information
needed to receipt and index the transaction.
- When the instrument is presented for recordation in
the Clerk's Office, staff in the Recording area will use a bar code
reader to scan the bar code on the Cover Sheet. In so doing, information
necessary for recordation is extracted from the bar code. That
information is then automatically transmitted to the receipting system
and ultimately the indexing system.
How do I obtain software to generate the Cover
Sheet?
- Cover Sheet software must be obtained from ILS, the
vendor selected by the Supreme Court of Virginia to develop the necessary
software.
- Software options are as follows:
- PC-based application either downloaded from the Internet
or loaded from a CD
- Online subscription-based web application
- Integration Kit which interfaces with software used
by organizations that generate large numbers of land record instruments
- Additional information regarding access to the software
is available on the ILS web site at www.landsystems.com.
Which software option is best?
It depends upon a user's needs. It seems that the online
monthly subscription option may best meet the needs of many attorneys
and title firms since it allows storage and retrieval of Cover Sheets
from any location if future amendments to a previously generated Cover
Sheet are necessary.
Do I have to obtain the Cover Sheet software from
ILS?
- Yes. At this time, ILS is the only vendor providing
software that will interface with the Supreme Court of Virginia's receipting
system.
- If and when another vendor develops software for Cover
Sheet generation, it is imperative that the software interface properly
with existing systems. Pursuant to Code of Virginia § 17.1-227.1,
all Cover Sheet software applications must be developed in conjunction
with the Supreme Court of Virginia. Cover Sheets from other vendors
CANNOT be accepted at the recordation counter unless prior approval
has been granted and the aforementioned statutory requirements have
been met.
What if I do not own a computer or do not have
access to one?
Please call the Circuit Court Clerk's Office at 748-1285
for additional information.
What if I'm unsure as to whom to list as Grantors
and Grantees?
- A Quick Reference Guide for Indexing Land Records Instruments
is available in hard copy form in the Clerk's Office or you may download
it at QuickReferenceGuide.pdf.
- The Quick Reference Guide is intended to provide guidance
relating to the most commonly-filed instruments. Please refer to
the guide first to see if your question is addressed. If it is not,
one may always contact the Clerk's Office for assistance.
Under what circumstances would my Cover Sheet be
rejected?
- If the bar code is unreadable and cannot be scanned
(to avoid this problem, the use of a laser printer is encouraged).
- If the instrument type is incorrect.
- If the page count provided is incorrect.
- If the “Recording Paid for by” field is not accurate.
- If the consideration or assessment amount on which taxes
are to be paid is not provided or is incorrect.
- If significant errors are found in the Grantor/Grantee
name fields.
What if my Cover Sheet is rejected and I need to
make a quick fix?
- A new Cover Sheet must be prepared so that a new barcode
with the correct information is generated. Changes cannot be
made manually .
- Public access computers with Internet access are available
in the Law Library and at the Central Library adjacent to the Courts
Building.
- These computers will not allow software downloads. Consequently,
users must have a monthly subscription in order to access the Cover
Sheet software from library computers.
Do I need a special printer to print the Cover
Sheet? Can I present a fax copy of a Cover Sheet?
- Use of a laser printer is strongly recommended to ensure
that the Cover Sheet bar code is readable. Although bubble jet and
ink jet printers may produce a legible bar code, older models may not
be equipped for high-resolution printing. Dot matrix printers should
not be used as they generally are not capable of generating a readable
bar code. If you have any doubt about the quality of the bar code produced
by your printer, please present a sample to Recording staff for testing
prior to presenting instruments for recordation.
- Cover Sheets printed on a fax machine are acceptable,
provided the bar code is readable by scanning equipment in the Clerk's
Office. Again, presenting a test sample to Recording staff prior to
recordation is highly recommended.
Will the Clerk's permanent index reflect information
from the Cover Sheet or from the instrument?
Ideally, information contained on the Cover Sheet will
match that contained in the instrument. If differences exist, the permanent
index will reflect information contained on the instrument (i.e., all
final index entries will continue to be verified against the instrument).
If I record two related instruments (e.g., Power
of Attorney and Alive and Well Affidavit), am I required to present
two separate Cover Sheets?
Yes. Each instrument to be recorded must be accompanied
by a separate Cover Sheet.
Is the Cover Sheet considered part of the instrument
when assessing fees?
- When assessing recordation fees, the Cover Sheet will
not be counted as a page.
- After recordation, the instrument and Cover Sheet become
one document. Therefore, if a certified copy were prepared after
recordation, copy fees would be based on the total page count including
the Cover Sheet.
- Although the Cover Sheet is not included as a page in
determining applicable filing fees, the law prohibits the Cover Sheet
from being used to convey title or interest in real property. The law
also prohibits purporting that the Cover Sheet is a document in the
chain of title conveying any interest in real property ( Code of
Virginia § 17.1-227.1).
If I must re-record an instrument, should I attach
the original Cover Sheet and create a new Cover Sheet for the re-recording?
When computing fees, is the original Cover Sheet counted as page one?
Yes. A new Cover Sheet must be prepared for a document
that is re-recorded. The new Cover Sheet that accompanies
the re-recording would not be counted as a page when assessing recording
costs; however, since the original Cover Sheet becomes
a part of the instrument after recordation, it would be counted as a
page in computing fees for the re-recording.
On which document will the Clerk's Office staff
affix recordation data?
- On the Cover Sheet, staff will denote recordation data
such as instrument number, date/time of recording, and Deed Book
and Page Number.
- In keeping with current practice, the last page of the
instrument will be endorsed with the Clerk's recordation certification.
How do I know which instrument type code to use
on the Cover Sheet?
The Cover Sheet software offers numerous options, some
of which are more detailed than necessary. Selecting codes that correspond
to current indexing practices is recommended. For example, the software
offers more than fifty (50) instrument type codes for a Deed. In most
cases, choosing a simple Deed of Bargain and Sale is sufficient. If questions
arise relating to instrument type codes, please do not hesitate to contact
the Clerk's Office for assistance.
Is the grantee address required on both the Cover
Sheet and instrument?
Information that is required by law to be included on land
record instruments remains unchanged; therefore, the Cover Sheet will
not alleviate the legal requirement for this information. Since the grantee
address is not essential for receipting and indexing purposes, however,
it is not required to be included on the Cover Sheet.
Is the Tax ID required on both the Cover Sheet
and instrument?
Pursuant to statute, the Tax ID is incorporated in the
permanent index. Consequently, filers must include the Tax ID on BOTH the
Cover Sheet and the instrument. When preparing the Cover Sheet, the Tax
ID must be placed in the field labeled “Tax Map Number.”
Will the Cover Sheet calculate fees so that I know
my recording cost?
- No. Although the Cover Sheet assists the Clerk's Office
with the receipting process, the Cover Sheet software itself does
not assist the user with fee calculation.
- The Supreme Court of Virginia provides a calculator
to assist users with determining recording costs for instruments to
be recorded in the Deed Book. To access this system, visit the Supreme
Court of Virginia's website at www.courts.state.va.us,
click on Circuit Fees, click on Deed Calculation, and select the
Chesterfield Circuit Court.
If I list “return to” information on the Cover
Sheet, am I still required to do so on the instrument? What if I want
the Clerk's Office to file the recorded instrument in the Record Room
instead of returning it by mail?
- If “return to” information is inserted on the Cover
Sheet in the appropriate field, users are no longer required to list
this information on the first page of the instrument.
- Users requesting that instruments be filed in the Record
Room for pickup instead of being returned by mail should list the appropriate
individual/firm name in the “Return Recording to” field. The user would
then enter “FILE IN RECORD ROOM” in the return address field on the
Cover Sheet.
Whom should I contact if I have further questions?
Quick Tips
| Tax ID |
Do not use PIN field. Insert in
Tax Map Number field. |
|
| Suffix field |
Use to denote Tr, AKA, Jr, Sr,
III, etc. |
|
Assessed Value,
when necessary |
Enter in “Assumed” field |
| Refinance Deed of Trust |
The Consideration field should always include the value of the
Deed of Trust being recorded. If refinancing is through the same
lender, the “Assumed” field should include the original amount that
is being refinanced. If refinancing is through
a different lender, the “Assumed” field must be 0.00. |
| Existing Debt field |
No need to use |
| Certificate of Satisfaction |
For Book/Page reference, insert recording information for oldest
instrument (earliest Book #). Recording staff will ensure that searchers
are prompted to “see instrument” if more than one instrument is referenced. |
| Subordination Agreement |
Insert 0.00 in all money fields |
| Business Names |
Enter the entire business name in the “last name” field. For all
business entities, flag the “corp” field even if the business is
not incorporated. This will prevent the system from requiring input
in the first name field. If a business name includes a person's name,
the surname should be listed first (e.g., John Doe Contractors should
be listed as Doe John Contractors) |
Software Requirements of ILS System
The Cover Sheet software does not require data to be provided based
on specific instrument types. However, it does require that the
following data fields be completed for ALL instrument types:
- Instrument
Type (Title tab)
- City/County (Title tab)
- At least one Grantor - Last
Name field (Grantor tab)
- At least one Grantee - Last Name field
(Grantee tab) – Enter
N/A if none
- At least one Parcel - Short Property Description
field (Parcel tab)
It is strongly recommended that the following data fields be completed,
however, data in these fields is not required by the software and the
user is still able to print the Cover Sheet without this data:
- Grantee
Address 1 (Title tab)
- Grantee City (Title tab)
- Grantee State (Title tab)
- Grantee ZIP (Title tab)
- Instrument Prepared By (Title
tab)
- Parcel ID (Parcel tab) – Ignore this prompt . Always
insert Tax ID in Tax Map #.
- Tax Map Number (Parcel
tab) – While not required by
the software, this data field must be completed for indexing purposes.
If a user tries to print a Cover Sheet which does not include information
in any of the above fields, a message will appear notifying the user
of those fields that are incomplete. If all required fields have been
completed but one or more of the recommended fields remain incomplete,
the software will generate a warning message for the recommended fields
and a "Print Anyway" button is enabled, allowing the user to
print the Cover Sheet. Conversely, if any of the required fields
are incomplete, the "Print Anyway" button is disabled,
restricting the user from printing the Cover Sheet.
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