49.01.040 Duties and Responsibilities

The duties and the responsibilities of the Land Records and Title Recording Office shall be to:

(a) The Office shall maintain all public records regarding land and real property ownership, including governing documents such as the relevant Code provisions, all related governing resolutions, and relevant regulations.

(b) The Office shall all record private writings representing property ownership interests, including patents, deeds, lease agreements, probate records and writings representing securitized interests in land or property, regarding all property or land ownership interests, including fee or trust ownership, secured interests, leaseholds, leasehold mortgages, or any encumbrances, including easements, rights of way, servitudes, or mineral estates.

(c) 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.

(d) 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.

(e) Maintain a chronological index of such recordings.

(f) Create a numeric system for the orderly recording of such documents.

(g) State upon the record of any conveyance of real estate the real estate transfer fee paid.

(h) Maintain electronic records on digital media and other recording systems.

(i) Keep safely and maintain the documents, images of recorded documents and indexes mentioned.

(j) Endorse upon each instrument or writing received by the register for record a certificate of the date and ti.me 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.

(k) Endorse plainly on each instrument a number consecutive to the number assigned to the immediately previous recorded or filed instrument, such that all number are unique for each instrument within a group of public records that are kept together as a unit and relate to a particular subject.

(l) 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 Land Records and Title Recording Office.

(m) 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 Land Records and Title Recording Office.

(n) Record all documents pertaining to security interests, as defined by the Turtle Mountain Band of Chippewa Indians Code.

(o) Keep those 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.

(p) Upon the recording of a financing statement or other document evidencing the creation of a security interest in a specified parcel of land or real estate.

(q) 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.

(r) Record and index any marital property agreements affecting land and real estate or titled property.

(s) Maintain financial records regarding fees collected and forwarded to the Tribal Treasury for the Land Records and Title Recording Office.

(t) Reject any documents that are non-conforming and request a cure of the recording.

(u) Redact any social security numbers on any filed forms or documents filed with the office, and shall not have any liability for the recording of a document with an individual's social security number for wrongful disclosure by the document drafter.

(v) Receive fees for recording, copying, blank forms, and mailing any instruments, papers, titles, chattel, or security interest documentation. Fees required shall be paid at the time of filing or requesting of copies and mailing.

(w) Prescribe forms for use within the Land Records and Title Recording Office.

(x) Maintain the history of all real estate, land and title of trust land with the territory and jurisdiction of the Turtle Mountain Band of Chippewa Indians.