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Ravalli County - Montana

Clerk & Recorder

Commonly Asked Questions

Question: Necessary page margins for the text of the document are clearly defined; however, there are exceptions as to what can be inside the margins, specifically in MCA § 7-4-2636(1)(d) which states, "except for page numbers or other designations" and (e) which states "and may include legibly printed or typed transaction information" ..What constitutes 'other designations' and 'transactional information'?
Answer: As you note, this is not well defined. This was intended to allow primarily for page numbers, roman numerals or letters. The statement that allows for "transactional information" was intended to allow things such as title company or attorney file or order numbers, "prepared by" information and the like.
Question: Signatures are an exception, but what about the completion of notary blank spaces, i.e. date, commission expires, notary stamps etc.; if these areas are completed in blue, does it become non-standard?
Answer: The intent of specifying the color of type and ink color was to make sure we have legibly reproducible documents. As you all know, some ink colors just don't copy or microfilm well. Only the signatures and initials will be allowed to be in a color other than black. The law does not address the color of the stamp to be affixed to the documents. As many of these notary stamps are pre-inked, non-black notary seals will be accepted and still considered standard. Can the stamp be inside the margin(s)?
Question: A number of mortgage companies require initialing at the bottom of each page. Is this considered "other designations" and can then be in the margin and not constitute a non-standard if everything else complies as standard?
Answer: This is part of the document that needs to be out of the margins and up in the text of the document.
Question: If one page of a document does not conform to standards but the remaining pages do, how much should be charged?
Answer: If it is a three-page document and page one does not conform to the standards we charge $11.00 for all three pages. If it is a ten-page document and only the first page does not conform, we charge $11.00 (according to law) for the first five pages and $7.00 per page for the additional five pages.
Question: If a document comes into be recorded after April 28, 2007, and is dated prior to April 28, 2007, can we consider it a document that meets the standards and therefore not subject to the higher fee?
Answer: Yes, anything dated prior to April 28, 2007 does not need to meet the standards and is not subject to the higher fee. (We will refer to the date of the document, not the date of the notary acknowledgment) However, remember that the standard fee will have increased to $7.00 per page April 28, 2007, no matter what.
Question: Can the notary stamp be located in the required margins?
Answer: No. The notary is part of the original recorded document and cannot be located in the required margins. The primary reason for the margins is two-fold: first, to give room to affix our recording information; and, second, to provide for a legibly reproducible document. As documents are scanned, microfilmed and/or copied and certified, portions of text (and seals) can be lost without sufficient margins. Therefore notary seals should not extend into the margins.

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