Recording Requirements

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  • An instrument must be signed by all parties required according to the instrument that is being recorded. Signatures must be original and have their name printed legibly or typed below the signature. All parties required to sign must do so before a notary. The notary seal must be clear and dark enough for recording.

  • Instruments must be in the English language in order to be recorded or must be accompanied by a certified translation.

  • Submit documents on white paper that is no larger than 8.5x14 inches and no smaller than 8.5x11 inches. Paper needs to be of a sufficient weight and substance so that printing, typing, or handwriting will not bleed through.

  • Use a font size of at least 8 point. Printing or typing be clearly legible.

  • The File Number goes on the first page in the upper right hand corner. Provide a three (3”) inch margin at the top of the page, unless directed otherwise by the County Clerk.

  • Provide a heading at the top of the first page that identifies the type of document.

  • Corresponding names should be printed or typed beneath all signatures.

  • Ink used should be black or blue.

  • The mailing address of each grantee named in the instrument must appear on the instrument, or and added fee of $25.00 will be charged in addition to regular recording fees

  • An instrument transferring an interest in real property to or from an individual must include the following notice that appears at the top of the first page in 12 point boldfaced type or 12 point uppercase letters.

    Notice of Confidentiality Rights: If you are a natural person, you may remove or strike any or all of the following information from any instrument that transfers an interest in real property before it is filed for record in the public records: your social security number or your driver's license number.

  • Property should be in Brazoria County. A legal description of the property showing it is in Brazoria County or volume and page or Clerk's File Number referencing a previous recording that describes the property.

  • Legal questions regarding content should be directed to an attorney.

Discriminatory Provisions:

The Texas Legislature recently amended the Property Code to provide a streamlined procedure for addressing discriminatory provisions in real property records. Although state law already declared restrictions and provisions in real property records that prohibit the use, sale or transfer of real property to a person based on race, color, religion, or national origin to be void and unenforceable, Senate Bill 30, which took effect on September 1, 2021, establishes a  process for a property owner, or another person that the owner authorizes, to request a judicial  review of specific property records to determine whether they contain prohibited discriminatory provisions.

The bill sets out the contents of the documents required to be submitted to the court as well as a suggested format for the court’s findings and order. Under certain circumstances, the court may issue its determination without conducting a hearing. No filing fees may be charged under the statute.

To view the language of the bill and the format for filing with the court as well as the format for the court’s findings and order, use the link: 87(R) SB 30 - Enrolled version (texas.gov)

 Electronic Recording Requirements:

  • You must first be qualified to record documents electronically per the Local Government Code § 195.003. (https://statutes.capitol.texas.gov/Docs/LG/htm/LG.195.htm#195.003)
  • Your document must meet the recording requirements listed above unless otherwise stated in the Property Code § 12.0013.
  • You must use a submitter that is affiliated with Brazoria County.  The approved submitters and their contact information is listed below.

 

IF YOU ARE QUALIFIED TO ELECTRONICALLY RECORD, PLEASE CONTACT ONE OF THE FOLLOWING SUBMITTERS TO E-RECORD DOCUMENTS IN THE PROPERTY RECORDS FOR BRAZORIA COUNTY.

  • Simplifile - 801-373-0151
  • Corporation Service Company/Ingeo - 435-374-0147 
  • Nationwide Title Clearing - 727-771-4000 
  • ePN/eRecording Partners Network LLC - 888-325-3365 X 1 
  • Indecomm - 651-766-5128

POLICY ON RE-RECORDING E-RECORDED DOCUMENTS

When an Title Company/E-Recording Customer needs to re-record an E-Recorded document, they must use one of the following options:

Option 1 If the original is not available – obtain a certified copy of the document 
from the County Clerk’s Office and file the certified copy electronically
or over the counter.

Option 2 If original is available – attach 1st page of e-recorded document to the front of the original document and last page of e-recorded document to back of original and file electronically or over the counter.

When re-recording a document electronically using Option 1 or 2, a ½” 
margin above the original file number is required on top of the 1st page.
This extra space is needed to prevent the 2nd file number from printing 
over and covering up the 1st file number on the previously e-recorded
document.

Section 7.142 (f) Texas Administrative Code, Chapter 13