General Operation Overview
1. Overview
This report is a brief overview of the general operations of a typical Register of Deeds Office. This is a compilation of several counties. For the purposes of discussion this will be called Badger County Wisconsin.
2. Background
The Badger County Register of Deeds was established when the County was formed in 1847. Like all register of deeds in Wisconsin, the Badger County office is a repository for public records.
In the Register of Deeds Office public records are either recorded or filed. With recorded public documents an original document is recorded with a date and time. A copy of the document is indexed and kept in the office and the original is returned to the customer. Other public records are filed. The date and time are noted on the document. An index is made, the original is kept in the office, and a copy is returned to the customer.
Recorded and filed documents in the Register of Deeds Office have a continuous retention cycle. That is, all documents described in the record series must be kept and preserved forever. The County has adopted this record retention cycle as part of the original county organization.
3. Record Series
The public records in the Badger County Register of Deeds Office are in ten record series categories.
There are also two administrative indices, a daily ledger and a book of numbers.
The series descriptions and indexing are described for each series.
Deeds are recorded documents that are public records of real property transactions. Deeds convey rights and interests in land between grantors and grantees.
In addition to the public record, each real estate transaction has a Department of Revenue Real Estate Transfer Return form to pay transfer taxes. These forms are neither filed nor recorded. They pass through the office with copies distributed to the assessor, the Department of Industry, Labor, and Human Relations, and the Department of Revenue. The County keeps twenty percent of the transfer fee and the State keeps the other eighty percent. Real Estate Transfer Return Forms are confidential and are not public records.
The transfer tax is stamped on the deed at the time of recording. If the property has residential property that will be rented, a Department of Industry, Labor and Human Relations (DILHR) weatherization compliance form is filed with DILHR.
Deed records also include affidavits and powers of attorney. These are recorded as miscellaneous deed documents and are indexed with the deeds in the grantor-grantee indices.
The primary index for deeds is the Grantor and Grantee index. The grantor volume is alphabetical by the first grantor's last name in the order of the recording. The Grantor index also includes the month, year and hour of recording, general legal description, grantee, type of instrument, document number, volume and page, and to whom the deed was returned if different than the grantor. The grantee volume is listed alphabetically by the first listed grantee's last name in the order of recording. The grantee index has the date of recording (not the time), the grantor, instrument type, document number, volume and page.
A Tract Index for each deed, indexed by Public Land Survey System (PLSS) quarter section, has been maintained since 1847, recognizing that were early attempts in Wisconsin history to outlaw banks. Normally this index will date to statehood. It includes the volume and page values.
Mortgages are recorded documents that are records of financing for real estate transactions between financial institutions and individuals or organizations. Mortgage satisfactions are filed when the financing is completed. The satisfactions are recorded with the original mortgage.
Mortgages are indexed in the Grantor-Grantee indices and the Tract Index.
3.3 Subdivisions and Survey Plats
Subdivisions and survey plats are simultaneous conveyances that create block and lot descriptions for land. In Badger County these documents are indexed alphabetically by each city, village or town and then alphabetically by subdivision or survey plat name or number. The Tract Index for subdivisions and survey plats are organized by block and lot within the quarter section.
A Lis Pendens is a public record notice filed for the purpose of warning all persons that the title to a certain property is in litigation and that they are in danger of being bound by an adverse judgement. This notice is for the purpose of preserving rights pending litigation. These are stored in the order of recording.
The Lis Pendens is indexed by plaintiff (Grantor) and defendant (Grantee). The Lis Pendens are also indexed in the Tract Index.
Bonds and Contracts are recorded public documents describing financial arrangements between organizations and individuals. They are numbered separately and stored separately in the order of recording.
Bonds and contracts are indexed in the Grantor-Grantee index and are included in the Tract Index. These are handled similarly to Mortgages.
Corporations are papers of incorporation and are an agreement between the State of Wisconsin and the organization. These are recorded public documents and are stored in the Bonds and Contracts books.
Corporations are indexed in the Grantor-Grantee index. Corporations are not in the Tract Index.
Federal Tax Liens are filed public documents. The original is stored separately in the Register of Deeds Office.
Federal Tax Liens are given a recording time and date and a document number. They are indexed alphabetically by the person's last name or organization name. The index also includes address and amount of the lien. When Federal Tax Liens are satisfied, the date released is posted with the original filing.
Birth, Death, and Marriage certificates are vital records. The State of Wisconsin gets the original certificate and the county keeps a copy and can issue certified copies.
3.9 Uniform Commercial Code (UCC) filings
Uniform Commercial Code (UCC) filings are reports by individuals or organizations of personal property over $ 500.00 in value that is financed. UCC Filings are indexed by name and the index includes the date and time of recording, the secured party, the type of instrument, a description of the property, releases, continuation, termination, foreclosure, assignment, or amendment date, and document number.
This system is being automated and centralized by the Wisconsin Secretary of State Office.
3.10 Other Miscellaneous Series
There are several other smaller record series that are maintained in the Register of Deeds Office. These are not heavily trafficked records and may or may not be public records.
Veterans discharges are not public records. They are kept forever, are indexed by person, and are open only to the County Veteran Service Officer, immediate family, or direct heirs.
Name changes are recorded in a separate book.
Farm names are recorded separate book. Farm names protect the farm name in the county. The names have to be verified at the time of recording to assure that there is not duplication. Farm names are stored alphabetically and could be added to the Tract Index.
Wills that pertain to land are kept in a separate book for wills.
3.11 Administrative Indices
A daily ledger is kept to track every transaction in the office with the document number, the volume and page, the type of document, the amount of fees collected, and to whom the document was returned.
A Book of Numbers tracks the document numbers and contains the same information as the daily ledger.
4. Customers
There a wide range of customers for Badger County Register of deeds records. Currently all customers come to the counter and are assisted by the Office staff. Examples of customers and some of the requests they make are as follows.
Abstractors - review deeds and legal descriptions, check chain of title
Appraisers - review deeds for revenue stamps and check UCC listings
Assessors - verify owner changes, check comparable sales from deed stamp information and verify legal descriptions
General Public - check their own deeds and neighbor deeds, check for original sales pricing, genealogy research and access all public records
Land Surveyors - review plats and subdivisions, check legal descriptions and search original government surveys
Realtors - check descriptions of listed property, look for comparable sales from deed tax stamps and check for property liens
Title Companies - review deeds for legal descriptions and chain of title
Treasurer - check legal descriptions on parcel splits and verify name changes on transfers