reglab/housing_qa huggingface dataset:
27 V.S.A. § 351
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 351. Estates and trusts; conveyances, satisfactions, grants, and releases

§ 351. Estates and trusts; conveyances, satisfactions, grants, and releases|(a) A conveyance or grant of an interest in real or personal property made to the estate of a decedent, to the estate of a ward, to the ward's guardian, or to a trust, including a trust in the form of a pension or profit-sharing plan, that names the estate, the guardian, or the trust as the grantee of the interest is a valid and effective conveyance or grant to the personal representative, to the ward, or to the trustee of the trust, in like manner and effect as if the ward, or the personal representative or trustee in his or her fiduciary capacity, had been named the grantee of the conveyance or grant.(b) A discharge, mortgage discharge, release, conveyance, grant, or satisfaction of an interest in real or personal property that is made by an estate, a guardian, or a trust described in subsection (a) of this section, that names the estate, the guardian, or the trust as the holder or grantor of the interest, and that is executed by the personal representative or trustee authorized to execute the instrument is valid in like manner and effect as if the personal representative, guardian, or trustee had been named the holder or the grantor in the instrument. (Added 2003, No. 150 (Adj. Sess.), § 3.)
27 V.S.A. § 371
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 371. Proving execution when grantor dies or leaves state

§ 371. Proving execution when grantor dies or leaves state|When a grantor or lessor dies or leaves the state without acknowledging his deed, the execution thereof may be proved by the testimony of a subscribing witness thereto before a justice of the supreme court, a superior judge or a judge of the superior court. If all the subscribing witnesses to such deed are dead or out of the state, the same may be proved before the supreme or superior court by proving the handwriting of the grantor or lessor and of a subscribing witness or adducing other evidence to the satisfaction of such court. Such evidence entered on such deed or annexed thereto shall be equivalent to the grantor's or lessor's acknowledgment thereof. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
27 V.S.A. § 372
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 372. Proceedings when grantor refuses to acknowledge- Summons

§ 372. Proceedings when grantor refuses to acknowledge- Summons|When a grantor or lessor refuses to acknowledge his or her deed, the grantee or lessee, or a person claiming under him or her, may apply to a district judge who shall thereupon issue a summons to the grantor or lessor to appear at a certain time and place before him or her to hear the testimony of the subscribing witnesses to the deed. Such summons, with a copy of the deed annexed, shall be served like a writ of summons, seven business days at least before the time therein assigned for proving the deed. (Amended 1973, No. 249 (Adj. Sess.), § 85, eff. April 9, 1974; 2017, No. 11, § 55.)
27 V.S.A. § 373
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 373. Notice

§ 373. Notice|When such summons is served by leaving a copy thereof at the usual place of abode of the grantor or lessor, and it does not appear that actual notice was given, the judge shall continue the hearing from time to time, not exceeding 90 days, and direct that actual notice be given if the party resides in the state. When such notice cannot be given, the judge shall proceed in the examination as provided in section 374 of this title, and his or her certificate of the execution of the deed shall have the same effect as therein provided. (Amended 1973, No. 249 (Adj. Sess.), § 86, eff. April 9, 1974.)
27 V.S.A. § 374
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 374. Hearing and certificate

§ 374. Hearing and certificate|When it appears from the officer's return that a copy of such summons was delivered to the grantor or lessor, the judge may take evidence of one or more of the subscribing witnesses to the execution of such deed, at the time designated for hearing or at an adjournment thereof. If such execution is proved to the satisfaction of the judge, he or she shall certify the same thereon and in his or her certificate shall note the presence or absence of the grantor or lessor and such certificate shall be equivalent to the acknowledgment of the grantor or lessor. (Amended 1973, No. 249 (Adj. Sess.), § 87, eff. April 9, 1974.)
27 V.S.A. § 375
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 375. Witnesses dead or out of state

§ 375. Witnesses dead or out of state|When a grantor or lessor refuses to acknowledge his or her deed and the subscribing witnesses to the same are dead or out of the state, it may be proved before the supreme or any superior court by proving the handwriting of the grantor or lessor and of a subscribing witness, such court first summoning the grantor or lessor as provided in this chapter. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
27 V.S.A. § 378
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 378. Effect of recording unacknowledged deed

§ 378. Effect of recording unacknowledged deed|A person interested in a deed or lease not acknowledged may cause the deed or lease to be recorded without acknowledgment before or during the application to the court, or the proceedings before any of the authorities named in sections 371-376 of this title; and, when so recorded in the proper office, it shall be as effectual as though the same had been duly acknowledged and recorded for 60 days thereafter. If such proceedings for proving the execution of the deed are pending at the expiration of such 60 days, the effect of such record shall continue until the expiration of six business days after the termination of the proceedings. (Amended 2017, No. 11, § 56.)
27 V.S.A. § 401
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 401. Index of deeds by county clerk; penalty

§ 401. Index of deeds by county clerk; penalty|(a) The county clerk shall keep for public use a general index of the record of deeds and other transfers of land recorded in his or her office, similar to those required to be kept by town clerks, but this section shall not apply to transfers of the title under a judgment or order of court.(b) A county clerk who neglects to keep the index required in subsection (a) of this section, shall be fined $50.00 for each six months' neglect.
27 V.S.A. § 402
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 402. Record in county clerk's office

§ 402. Record in county clerk's office|A purchaser of lands, in addition to the record in the town clerk's office, may cause his or her deed or other conveyance with the certificate of its record in the town clerk's office to be recorded by the county clerk of the county in which such lands lie, in the book kept for the purpose of recording deeds. If the records of a town in which such deed or conveyance is recorded are destroyed, an attested copy of such deed or other conveyance from the office of such county clerk shall be of the same validity as a copy from the town clerk's office.
27 V.S.A. § 403
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 403. Records when lands lie in unorganized place

§ 403. Records when lands lie in unorganized place|Deeds and conveyances of lands in an unorganized town, gore, or grant shall be recorded by the clerk of the county in which such lands lie in a book to be kept by him or her for that purpose, which shall be a sufficient record thereof.
27 V.S.A. § 404
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 404. Lost instruments affecting property titles; copy recorded in another town

§ 404. Lost instruments affecting property titles; copy recorded in another town|When an instrument in writing affecting the title to real estate in more than one town is lost, destroyed or defaced, if such instrument has been recorded in any town, upon complaint and proof, the superior court may order a copy of such record to be recorded in any town where a part of such real estate is situated. The proceedings upon such complaint shall be the same as in case of judgment files lost or destroyed, and a record so made shall be treated as a record of the original instrument. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
27 V.S.A. § 405
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 405. Vendor to record his or her title on request

§ 405. Vendor to record his or her title on request|When a person sells and conveys lands, or an estate or interest therein, he or she shall cause his or her title deed to be recorded in the proper office within six months after request made in writing by a subsequent purchaser of the same lands or an estate or interest therein.
27 V.S.A. § 406
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 406. Proceedings upon vendor's refusal

§ 406. Proceedings upon vendor's refusal|When such person, after being so requested and after the expiration of such six months, has not procured his or her deed to be recorded, a judge, on the complaint of the party whose right or title is liable to be affected by such neglect, may issue his or her warrant to bring such person forthwith before him or her to be examined in the premises. (Amended 1973, No. 249 (Adj. Sess.), § 88, eff. April 9, 1974.)
27 V.S.A. § 407
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 407. Commitment of vendor for refusal

§ 407. Commitment of vendor for refusal|When such person does not show sufficient cause for omitting to procure his or her deed to be recorded, the judge shall sentence him or her to jail, there to remain until he or she procures it to be recorded and pays the costs of the complaint and commitment. Either party may appeal from the decision of such judge as provided in this chapter. Such person shall also be further liable for damages to the party whose right or title is affected in an action on this statute. (Amended 1973, No. 249 (Adj. Sess.), § 89, eff. April 9, 1974.)
27 V.S.A. § 408
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 408. Recording subordination of liens

§ 408. Recording subordination of liens|An agreement for the subordination of a prior lien or other encumbrance on real property shall be recorded in the land records of the town in which the property is situated, and a reference to the record of the subordination agreement shall be noted on the margin of the record of the instrument affected thereby. If not so recorded, the same shall bind only the parties thereto.
27 V.S.A. § 409
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 409. Record of assignment by landlord

§ 409. Record of assignment by landlord|An assignment of or any agreement affecting the rights or interest of a landlord or owner of real property occupied by a tenant or sharecropper shall be recorded in the land records of the town in which the property is situated. If not so recorded, the same shall bind only the parties thereto.
27 V.S.A. § 441
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 441. Manner of mortgaging machinery

§ 441. Manner of mortgaging machinery|Machinery attached to or used in a shop, mill, quarry, mine, printing office, or factory may be mortgaged by deed executed, acknowledged and recorded as deeds of real estate. Such mortgages may be assigned, discharged, or foreclosed as mortgages of real estate.
27 V.S.A. § 442
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 442. Attachment and sale of machinery mortgaged with real estate

§ 442. Attachment and sale of machinery mortgaged with real estate|If machinery is mortgaged with real estate, the equity of redemption in such machinery and real estate may be attached and sold on execution as real estate is sold.
27 V.S.A. § 461
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 461. By entry on record

§ 461. By entry on record|Mortgages may be discharged by an entry on the margin of the record thereof in the record of deeds, acknowledging satisfaction of the mortgage, signed by the mortgagee or by his or her executor, administrator, assignee, attorney at law, or attorney acting under a duly executed and recorded power of attorney, such signature to be witnessed by the town clerk or assistant town clerk having custody of such record. Such entry shall have the same effect as a deed of release acknowledged and recorded.
27 V.S.A. § 462
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 462. By acknowledgment of payment

§ 462. By acknowledgment of payment|Mortgages may also be discharged by the mortgagee or by his or her executor, administrator, assignee, attorney at law, or attorney acting under a duly executed and recorded power of attorney, acknowledging payment thereof by an entry on the mortgage deed, signing the same in the presence of one or more witnesses, which entry, upon being recorded on the margin of the record of such mortgage in the record of deeds, shall discharge such mortgage and bar all actions brought thereon.
27 V.S.A. § 463
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 463. By separate instrument

§ 463. By separate instrument|(a) Mortgages may be discharged by an acknowledgment of satisfaction, executed by the mortgagee or his or her attorney, executor, administrator, or assigns, which shall be substantially in the following form:I hereby certify that the following described mortgage is paid in full and satisfied, viz: ______________ mortgagor to ______________ mortgagee, dated ______________ 20____, and recorded in book ______, page ______, of the land records of the town of ________________________________________. (b) When such satisfaction is acknowledged before a notary public and recorded, it shall discharge such mortgage and bar actions brought thereon. (Amended 1973, No. 47, § 2, eff. April 12, 1973; 2003, No. 150 (Adj. Sess.), § 6; 2017, No. 28, § 6, eff. May 10, 2017; 2017, No. 160 (Adj. Sess.), § 4, eff. July 1, 2019.)
27 V.S.A. § 464a
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 464a. Discharge by licensed attorney

§ 464a. Discharge by licensed attorney|(a) A recorded mortgage may be discharged by an attorney-at-law licensed to practice in this State if:  (1) the mortgagee, after receipt of payment of the mortgage in accordance with the payoff statement furnished to the mortgagor by the mortgagee, or the mortgagee's agent, fails to execute and record a discharge of the mortgage in accordance with section 461, 462, or 463 of this title; (2) the discharge is executed by, or is in the name of, a purported mortgagee that is not holder of record of the mortgage; or (3) the discharge of record was not executed in accordance with section 461, 462, or 463 of this title.   (b) An attorney-at-law who discharges a mortgage under this section shall execute and record with the discharge an affidavit in the record of deeds affirming that:  (1) the affiant is an attorney-at-law in good standing and licensed to practice in Vermont; (2) the affidavit is made at the request of the mortgagor or the mortgagor's executor, administrator, successor, assignee, or transferee or the transferee's mortgagee; (3) the purported mortgagee has provided a payoff statement with respect to the loan secured by the mortgage; (4) the purported mortgagee has received payment of the mortgage in accordance with the payoff statement that has been proved by a bank check, certified check, or attorney client funds account check negotiated by the purported mortgagee or by evidence of receipt of payment by the purported mortgagee; and (5) more than 30 days have elapsed since the payment was received by the purported mortgagee.   (c) The affidavit must include: the names and addresses of the mortgagor, the original mortgagee, and the purported mortgagee; the date of the mortgage; and the book and page number and similar information with respect to the most recent recorded assignment of the mortgage.(d) The affiant shall attach to the affidavit the following, certifying that each copy is a true copy of the original document:  (1) photocopies of the documentary evidence that payment has been received by the mortgagee, provided that the payor's account number may be redacted; and  (A) if paid by check, a photocopy of the mortgagee's endorsement of the payoff check; or (B) if paid by wire, written confirmation that the monies wired left the sender's account; and  (2) a photocopy of the payoff statement received from the mortgagee or servicer.   (e) An affidavit recorded under this section has the same effect as discharge under section 461, 462, or 463 of this title.(f) An attorney-at-law who executes and records a discharge of mortgage in accordance with this section shall not be liable to the holder of the mortgage on account of such discharge except in the event of negligence or fraud by the discharging attorney. (Added 1995, No. 162 (Adj. Sess.), § 38, eff. Jan. 1, 1997; amended 2007, No. 177 (Adj. Sess.), § 3; 2017, No. 24, § 1, eff. May 4, 2017.)
27 V.S.A. § 465
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 465. When mortgagee dead

§ 465. When mortgagee dead|When it appears from the record of a mortgage on real estate that such mortgage is undischarged, and the mortgagee therein named, or the person to whom such mortgage is assigned, is deceased, the owner of such real estate may make written application to the probate division of the superior court of the district within which such real estate is situated for the appointment of an administrator of the estate of such deceased mortgagee or assignee to discharge such mortgage. The probate division of the superior court may appoint an administrator of such deceased mortgagee or assignee to discharge such mortgage, if upon hearing and upon payment of the costs of such hearing, the administrator is satisfied that the conditions of such mortgage have been complied with and is further satisfied that there is no person within the state having authority to discharge such mortgage. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
27 V.S.A. § 466
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 466. Notice to parties

§ 466. Notice to parties|The application provided in section 465 of this title shall state the names and addresses of all parties in interest, so far as they are known to the applicant, and the probate division of the superior court shall order such notice by registered mail, publication or service of process, as to it shall seem proper to protect the rights of all parties in interest. Failure on the part of a party in interest to receive such notice shall be ground for relief under 12 V.S.A. § 2357, if such party is possessed of enforceable rights which are prejudiced by the discharge of a mortgage as aforesaid. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
27 V.S.A. § 467
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 467. When death of mortgagee not established

§ 467. When death of mortgagee not established|In case the death of a mortgagee or assignee is not established, and the court would have jurisdiction to proceed under 14 V.S.A. §§ 2305 and 2306, the court, upon like petition, hearing and proof, may appoint a trustee to discharge such mortgage.
27 V.S.A. § 468
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 468. - Manner of discharge by trustee or administrator

§ 468. - Manner of discharge by trustee or administrator|Such mortgage may be discharged by such administrator or trustee in the manner provided by law for the discharge of a mortgage by a mortgagee. Such discharge shall have the same effect as though made by the mortgagee or assignee thereof when living. An administrator or trustee appointed for such purpose shall have no authority relative to the estate of which he or she is appointed, other than as herein provided. The judge of such court, in his or her discretion, may require such administrator or trustee to give bonds as in his or her opinion the circumstances of the case require.
27 V.S.A. § 469
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 469. Mortgagee corporation whose charter has expired

§ 469. Mortgagee corporation whose charter has expired|When it appears from the record of a mortgage on real estate that such mortgage is undischarged, and the mortgagee named therein, or the assignee of such mortgage, is a private corporation whose charter has expired by its own limitation, or has been dissolved by operation of law, forfeiture, or for any other reason, a complaint may be brought to the presiding judge of the superior court of the county wherein such mortgage is recorded and, after such hearing as said presiding judge may direct, if he or she is satisfied that the conditions of such mortgage have been complied with, and have no force in law, and is further satisfied that there is no person within the state having authority to discharge such mortgage, he or she may direct an order discharging such mortgage. Such proceedings shall be without taxation of costs except that the moving party shall bear the costs of such notice as said presiding judge may order. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)
27 V.S.A. § 470
2021 Vermont Statutes|Title 27 - Property|Chapter 5 - Conveyance of Real Estate|§ 470. Validation of mortgage discharge on one- to four-family residential property

§ 470. Validation of mortgage discharge on one- to four-family residential property|(a) Subject to the provisions of subsection (b) of this section, a mortgage discharge executed on behalf of a banking or lending institution with respect to a mortgage encumbering a one- to four-family residential real property, including a residential unit in a condominium or in a common interest community as defined in Title 27A, that is not valid because it is not executed by or is not issued by or in the name of the record holder of the mortgage, shall be valid as if it had been issued or executed by the record holder of the mortgage if:  (1) No person has within three years after the discharge is recorded brought an action challenging the validity of the discharge and recorded a copy of the complaint in the land records of the town where the discharge is recorded; and (2) An affidavit is recorded that is dated more than three years after the recording date of the mortgage discharge and contains the following:  (A) A statement that the affiant has been the record owner of the real property described in the mortgage for at least two years prior to the date of the affidavit. (B) The recording information for the mortgage, any assignments, and the release. (C) A statement that, since the date of the recording of the release, the affiant has received no demand for payment of all or any portion of the debt secured by the mortgage and has received no notice or communication that would indicate that all or any portion of the mortgage debt remains due or owing. (D) A statement that, to the best of the affiant's knowledge and belief, the mortgage has been paid in full.    (b) The provisions of this section shall not apply to any release obtained by fraud or forgery. (Added 2007, No. 177 (Adj. Sess.), § 4.)