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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. Printed wth soy ink on recycled paper