11-461. Recording instruments; keeping records;
identification; location; social security numbers;
definition
A. The recorder shall have custody of and shall keep all records, maps and papers
deposited in the recorder's office.
B. The recorder shall record separately, in typewriting, in a legible hand or by
use of photostatic or photographic machines or by a system of microphotography, all
instruments or writings required or authorized by law to be recorded. In a like manner,
the recorder shall record any other instrument offered for recording provided the
instruments meet the requirements of section 11-480.
C. The recorder may accept a digitized image of a recordable instrument for
recording if it is submitted by a title insurer or title insurance agent as defined in
section 20-1562, by a state chartered or federally chartered bank insured by the federal
deposit insurance corporation, by an active member of the state bar of Arizona, by an
agency, branch or instrumentality of the federal government, a trusted submitter or by a
governmental entity and the instrument from which the digitized image is taken conforms
to all applicable laws relating to the recording of paper instruments.
D. Instruments shall be recorded consecutively as of the time they are
received. The recorder shall affix to each instrument, either by hand or in a digitized
form, a notation or notations sufficient to provide:
1. A record identification to uniquely identify each instrument and to fix its
position within the sequence of recordings.
2. A record location to enable each instrument to be retrieved for purposes of
inspection.
E. Instruments may be recorded in docket books, in separate record books or in
suitable containers, if the location of each instrument can be determined from notations
both on the instrument and in the appropriate index. Reference to any recorded
instrument may be made by the record location without further description.
F. Any reference to docket and page, or book and page, or similar indication means
the record location as notated on each recorded instrument.
G. On or before January 1, 2009, the recorder in a county with a population of more
than eight hundred thousand persons, shall redact references to complete nine digit
social security numbers that are available on the recorder's website. Social security
numbers may be retained on instruments that are not available on a website. The recorder
shall also redact complete social security number references on all instruments recorded
but not available on the website before the effective date of this amendment to this
section, before making the instruments available on the website. The recorder is not
liable for any errors or cases of stolen identity resulting from redactions made pursuant
to this subsection.
H. The recorder in a county with a population of less than eight hundred thousand
persons shall redact references to complete nine digit social security numbers on
instruments that are available on the recorder's website at the request of the holder of
the social security number if the holder identifies the recorded instrument. The recorder
shall also redact complete social security number references on all instruments recorded
but not available on the website before the effective date of this amendment to this
section, before making the instruments available on the website. Social Security numbers
may be retained on instruments that are not available on the website. The recorder is not
liable for any errors or cases of stolen identity resulting from redactions made pursuant
to this subsection.
I. Notwithstanding the limitations of section 11-475.01, county recorders may use
monies in the document storage and retrieval conversion and maintenance fund to
accomplish the requirements of subsections G and H of this section.
J. For the purposes of this section, "a trusted submitter" means a person or entity
that has entered into a memorandum of understanding regarding digitized recording with
the county recorder in the county in which the digitized recording is to be submitted.
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