Q Is a chancery clerk obligated to record documents when they are not properly executed by all parties involved in the transaction?

A It is the responsibility of the chancery clerk to record a written instrument that has the necessary acknowledgment. It is not the responsibility of the chancery clerk to make a determination as to whether a document presented for recording was properly executed. After a close review of the facts and documents provided, a chancery clerk could determine from the facts that the documents are not properly acknowledged and could, therefore, refuse to accept them for filing. (Attorney General’s Opinion to Lamar dated October 1, 2010)