Wis. Stat. § 59.43 — WI Code / Chapter 59 / Section 59.43
Register of deeds; duties, fees, deputies.
Status: in_force

(1b) Definitions. In this section:

(a) “Document” includes a deed, mortgage, instrument, or writing.

(b) “Legal description” means the description under sub. (2s) (a) .

(1bm) Construction of statutes. The recording of a document with the register of deeds also constitutes filing the document with the register of deeds.

(1c) Duties. Subject to sub. (1m) , the register of deeds shall do all of the following:

(a) Subject to subs. (2m) and (2s) , record all documents submitted to the register of deeds that are not prohibited by law from being recorded with the register of deeds.

(b) Perform the duties that are related to vital records under ss. 69.05 and 69.07 .

(c) Subject to s. 77.22 , indicate on conveyances the real estate transfer fee paid or, if the conveyance is not subject to a fee, the reason for the exemption, citing the relevant subsection of s. 77.25 .

(d) Keep permanently and maintain the documents, books, images of recorded documents, and indexes mentioned in this section.

(e) Endorse upon each document recorded by the register of deeds the date, hour, and minute when it was recorded. The register of deeds shall record each document under this paragraph in the order in which it is received. An endorsement under this paragraph is prima facie evidence of the date, hour, and minute that the document was recorded.

(f) Endorse on each document recorded by the register of deeds a unique number consecutive to the number assigned to the previously recorded document in its series.

(g) Except as provided in any agreement with the submitter, upon provision by the submitter of adequate postage, deliver to any person indicated as an authorized recipient by the submitter documents left with the register of deeds for recording.

(h) Accept into the state vital record system all marriages, deaths, and domestic partnership terminations presented to the register of deeds for filing.

(i) Make and deliver to any person, upon payment of the required fees, a certified copy with the official seal of the register of deeds affixed or a noncertified copy of any recorded document in the office of the register of deeds.

(jm) Record certificates of discharge of a person who has served in the U.S. armed forces.

(k) Keep an index of all documents that are recorded with the register of deeds.

(t) Upon commencement of each term, submit the signature of the register of deeds and the impression of the official seal or rubber stamp of the register of deeds to the secretary of state.

(u) Submit that portion of recording fees collected under sub. (2) (ag) and not retained by the county to the department of administration under s. 59.72 (5) .

(1g) Authority to reject entire group of related documents. If the register of deeds is presented with a group of related documents that has been identified by the person submitting the documents as representing a single transaction and one or more documents within the group may be refused recording because of a failure to comply with sub. (2m) or (2s) , the register of deeds may return the entire group of documents unrecorded.

(1m) Restrictions on documents with social security numbers.

(a) Except as otherwise provided in this subsection, a register of deeds may not record any document offered for recording if the document contains the social security number of an individual.

(b) If a register of deeds is presented with a document for recording that contains an individual’s social security number, and if the register of deeds records the document but does not discover that the document contains an individual’s social security number until after the document is recorded, the register of deeds may not be held liable for the document drafter’s placement of an individual’s social security number on the document, and the register of deeds may remove or obscure characters from the social security number such that the social security number is not discernable on the document.

(cm) If a register of deeds is presented with a document for recording that contains an individual’s social security number, the register of deeds may, prior to recording the document, remove or obscure characters from the social security number such that the social security number is not discernable on the document.

(cs)

1. With regard to any document recorded by a register of deeds before April 1, 2006, which the register of deeds makes available for viewing or download on the Internet, the register of deeds shall make a reasonable effort to make social security numbers from the transferred document’s electronic format not viewable or accessible on the Internet.

2. No later than March 31 annually, every register of deeds of a county that has not completed making social security numbers from electronic format records not viewable or accessible on the Internet under subd. 1. shall submit to the department of administration a report regarding the progress made by the county during the preceding year in making social security numbers from electronic format records not viewable or accessible on the Internet under subd. 1. , including a statement of the number of documents transferred to an electronic format in the preceding year, the number of these documents from which social security numbers were made not viewable or accessible on the Internet in the preceding year, the number of documents remaining from which social security numbers remain to be made not viewable or accessible on the Internet, and the estimated time needed to review the remaining documents for making social security numbers not viewable or accessible on the Internet.

(d) Paragraphs (a) and (b) do not apply to a federal income tax lien.

(e) Paragraphs (a) and (b) do not apply to vital records under subch. I of ch. 69 .

(f) Paragraphs (a) and (b) do not apply to certificates of discharge or release recorded under s. 45.05 .

(1r) Personal information of judicial officers. The register of deeds shall shield from disclosure and keep confidential documents containing personal information covered by a written request of a judicial officer under s. 757.07 , if the judicial officer specifically identifies the document number of any document to be shielded under this subsection. Notwithstanding the scope of protection generally provided under s. 757.07 with regard to publicly available content, as defined in s. 757.07 (1) (h) , this subsection applies only to electronic images of electronic recorded documents specifically identified by a judicial officer as covered by a written request under s. 757.07 . The register of deeds may allow access to an electronic recorded document subject to protection under this subsection only if the judicial officer consents to the access or access is otherwise permitted as provided under s. 757.07 (4) (e) . This subsection does not apply to documents that are not electronic recorded documents. The requirements of this subsection supersede any statutory requirement that a government agency publicly post, display publicly available content, or permit inspection and copying under s. 19.35 .

(2) Fees. Every register of deeds shall receive the following fees:

(ag) Subject to s. 59.72 (5) and except as provided in pars. (f) and (h) , for recording any document entitled to be recorded with the register of deeds, $30.

(b)

1. In this paragraph, “page” means one side of a single sheet of paper or, if in an electronic format, a single image or the duplication of one side of a single sheet of paper.

2. For copies of any document or portion of a document recorded by the register of deeds, $2 for the first page plus $1 for each additional page of each document. The register of deeds shall charge an additional $1 to certify a copy of a document under this paragraph. No fee under this paragraph may be charged to the department of revenue.

(f) The fees for processing vital records or for issuing copies of vital records shall be as provided in s. 69.22 .

(g) For making a new tract index upon the order of the board, the amount that is fixed by the board, to be paid from the county treasury.

(h) For recording a cemetery plat under s. 157.07 , a subdivision plat under s. 236.25 or a condominium plat under s. 703.07 , $50.

(2g) Payment of fees.

(a) All fees under sub. (2) shall be payable in advance by the party procuring the services of the register of deeds, except that the fees for the services performed for a state department, board, or commission or person contracting with the register of deeds under par. (b) may be invoiced to the department, board, or commission or person.

(b) Notwithstanding sub. (2) , the register of deeds with the approval and consent of the board may enter into contracts to provide noncertified copies of documents pertaining to real property at a flat rate or rate per image established by the board which in no event shall be less than cost of labor and material plus a reasonable allowance for plant and depreciation of equipment used.

(2m) Standard format requirements for recording documents.

(a) The register of deeds may refuse to record a document that does not substantially comply with the following:

1. The name of the document is clear and is located not less than 0.5 inch nor more than 6 inches from the top of the first page of the document. If more than one document name is given, the register of deeds shall use the first name provided on the document for indexing purposes unless the register of deeds determines that using another name provided on the document preserves historical consistency.

3. The document contains in the upper right corner of the first page, within the margins, a blank space of at least 3 inches by 3 inches for recording information. A document that does not contain the space under this subdivision may not be recorded.

4m. Except for a document that is electronically recorded, the document contains return information on the first page.

5. The document contains a parcel identification number for each parcel affected by the document. This subdivision applies only in a county that requires the use of a parcel identification number.

6. The paper is white and is at least 20 pound weight.

7. The page width is 8.5 inches and the page length is either 11 inches or 14 inches. The maximum deviation from any of these measurements may not exceed 0.25 inch.

8. If the document has multiple pages, the document is not hinged or otherwise joined completely at the top or sides.

9. The entire document is clear and the letters, numbers, symbols, diagrams, and other representations in the document are large enough and dense enough to be reproduced or read by a copy machine or optical scanner to the extent that the image captured is legible.

10. The names of the grantor and grantee of the transaction and any notaries and authenticators are clearly written or typed.

11. Any image on the document is of a quality that the image can be electronically stored and reproduced so as to preserve the actual appearance of the image, including any color used in the image.

13. The ink is black, blue, or red, except that signatures and coded notations on maps may be other colors.

14. The top margin of each page is 0.5 inch, except that company logos may appear within this margin if they do not interfere with any of the other requirements of this subsection.

15. The bottom and side margins of each page are at least 0.25 inch.

16. The name of the person or governmental agency that drafted the document appears on the document. This subdivision does not apply to any of the following:

a. A document executed before May 9, 1957.