59.43 Register of deeds; duties, fees, deputies.
1,733 words·~8 min read·
/wi/chapter-59/59-43A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
59.43 Register of deeds; duties, fees, deputies.
(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.
(1c)Register of deeds; duties. Subject to sub.
(1m), the register of deeds shall:
(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.
(b)Perform the duties that are related to vital records under ss. 69.05 and 69.07 .
(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 .
(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.
(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.
(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.
(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.
(h)Register, file and index all marriages contracted, deaths and births occurring in the county.
(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.
(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.
(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.
(L)Record all documents pertaining to security interests, as defined in s. 401.201
(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.
(b)1. to 5.
(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.
(n)Upon the recording of a financing statement or other document evidencing the creation of a security interest, as defined in s. 401.201
(t), required to be filed or recorded with the register under s. 409.501
(a), index the statement or document in the real estate records index under sub.
(9).
(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).
(p)Perform all other duties that are required of the register of deeds by law.
(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.
(r)Record and index marital property agreements under ch. 766 and statements and revocations under s. 766.59 .
(s)Record and index statements of claim and perform the other duties specified under s. 706.057
(7).
(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.
(u)Submit that portion of recording fees collected under sub.
(ag)1. and
(e)and not retained by the county to the department of administration under s. 59.72
(5).
(v)Record and index statements of authority under s. 184.05 .
(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.
(1m)Restrictions on recording instruments with social security numbers.
(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.
(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.
(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.
(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.
(d)Paragraphs
(a)to
(c)do not apply to a federal income tax lien.
(e)Paragraphs
(a)to
(c)do not apply to vital records under subch. I of ch. 69 .
(f)Paragraphs
(a)to
(c)do not apply to certificates of discharge or release recorded under s. 45.05 .
(1r)Personal information of judicial officers. The register of deeds shall shield from disclosure and keep confidential documents containing personal information covered by a written request of a judicial officer under s. 757.07 , if the judicial officer specifically identifies the document number of any document to be shielded under this subsection. Notwithstanding the scope of protection generally provided under s. 757.07 with regard to publicly available content, as defined in s. 757.07
(h), this subsection applies only to electronic images of electronic recorded documents specifically identified by a judicial officer as covered by a written request under s. 757.07 . The register of deeds may allow access to an electronic recorded document subject to protection under this subsection only if the judicial officer consents to the access or access is otherwise permitted as provided under s. 757.07
(e). This subsection does not apply to documents that are not electronic recorded documents. The requirements of this subsection supersede any statutory requirement that a government agency publicly post, display publicly available content, or permit inspection and copying under s. 19.35 .
(2)Register of deeds; fees. Every register of deeds shall receive the following fees:
1. In this subsection, “page” means one side of a single sheet of paper.
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.