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2017 Op. Neb. Att'y Gen. 1 (2017)

handle is hein.sag/sagne2017 and id is 1 raw text is: 
   STATE OF NEBRASKA
of tbe 01ttornrp (bnrraI
  2115 STATE CAPITOL BUILDING
    LINCOLN, NE 68509-8920
        (402) 471-2682
      TDD (402) 471-2682
 FAX (402) 471-3297 or (402) 471-4725


DOUGLAS J. PETERSON
ATTORNEY GENERAL


SUBJECT:


REQUESTED BY:


WRITTEN BY:


     , t f7- eo
DEPARTMENT OF JUSyfC

    J ON217

 STATE OF NEBRASKA


Authority of a Register of Deeds to Refuse to Record an Instrument
or to Withdraw an Instrument After Recording

Senator John Stinner
Nebraska State Legislature

Douglas J. Peterson, Attorney General
Lynn A. Melson, Assistant Attorney General


      You have requested an opinion from this office on four questions relating to the
authority of a register of deeds to refuse to record a document or to require certain
changes to be made to a document prior to filing. You informed us that you are
considering a bill for the 2017 legislative session that relates to the statutory authority of
a register of deeds and have attached a draft of the legislation which would amend Neb.
Rev. Stat. §§ 23-1503.01, 23-1506 and 23-1311(2012). You have posed the following
questions:

      (1)   Whether a register of deeds has the authority to refuse to record a
             document or to withdraw documents from record which'meet the statutory
             formatting and signature requirements and for which the correct fee will be
             paid.

      (2)  Whether a register of deeds has the authority, before filing a document, to
             require legally valid changes to be made to such docuent.


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