What if a check for recording fees is not correct?

If a check for recording fees is short the document will be returned with a request for the proper filing fee.

If the check for recording is over $5.00, the document will be recorded and the excess deposited into the Chancery Clerk’s Office Fee Account. Refunds are mailed at the end of each month.

What are the requirements that must be met for a document to be recorded?

There are different requirements depending on the type of document, so they cannot be listed here.

It is the responsibility of the person offering the document for recording to make sure (1) that the document is original, (2) that it is signed and that the signatures are properly acknowledged before a notary public, (3) that the document is a complete writing and contains the required information, (4) that is accompanied by the proper fees, and (5) that is accompanied by a stamped self-addressed envelope so that it can be returned to the party offering it for recordation.

The Clerk’s staff CANNOT give legal advice. Those seeking to record a document in the Clerk’s office are encouraged to obtain the advice of a professional.

How do I obtain copies?

Fees for copies made by the public are .25¢ per page. The fee for copies made by our staff is .50¢ per page. There is an additional fee for certifying a copy of a document.

Requests for copies sent by mail must be accompanied by check or money order covering the cost of the copies and a stamped self-addressed envelope. The request should reasonably identify the document to be copied. Checks should be made payable to the Smith County Chancery Clerk.

What are Land Records?

Land records refer to those record series that may involve real estate. These include documents traditionally recorded in Deeds Books and Plat Cabinets, such as Deeds, Deed of Trust, Authorities to Cancel, Oil & Gas Orders, and many other documents. The Land Records Division also dockets and indexes Judgments and files certain Uniform Commercial Code transactions that are a lien on real estate.