Title 44, Chapter 2, Section 125
( 44-2-125)
(a) Wherever a transfer, transfer as security for debt, or mortgage
relating to an estate in registered land is executed in the form
prescribed in this article and duly registered and noted in the
register of titles and consists of nothing more than the filling in
of the blanks on the prescribed form so that the entry of
registration on the title register construed in connection with the
prescribed form shows the full transaction, it shall not be
necessary to record the transfer, security transfer, or mortgage
other than by the registration in the title register. Such
registration shall for all purposes take the place of recordation as
to such instruments so executed. A certified copy of such
registration shall be admissible in evidence on like terms and with
like effect as a certified copy of a deed, mortgage, or other
similar instrument. In such cases, the original instrument of
transfer, together with the canceled owner's certificate, or the
original instrument of transfer as security for debt, or the
original mortgage, as the case may be, shall be numbered with the
registration number of the title to which it relates and carefully
filed away in such manner as to be of easy access and shall be
preserved as a part of the records of the office of the clerk of the
superior court. In case of a mortgage executed as indicated above,
the clerk shall on request make a certified copy and deliver it to
the mortgagee; and such certified copy shall stand for all purposes
in lieu of the original and shall be original evidence to the same
extent as is an original mortgage in any court. (b) If the instrument of transfer is in the short form as indicated
above, or if it contains any provisions not provided for in such
form, or if it was executed for the purpose of transferring any
estate or interest in the registered land in trust, upon any
condition or upon any peculiar or unusual limitation, the details at
variance with or additional to those provided for under the
prescribed form need not be entered in full on the title register
and the owner's certificate; but the clerk shall record such
instrument in full on the deed book of the county in like manner as
deeds to unregistered land are recorded and shall, after the general
entry of the transfer on the title register and on the owner's
certificate, add thereto a notation that the same is "in trust,"
"upon condition," or "on special terms," as the case may be,
followed by the words "See deed book (or mortgage book, as the case
may be) ____ page ____." Like procedure shall be followed in case of
a transfer to secure debt or a mortgage not following the prescribed
form, but in such cases the clerk shall not retain the original
instrument but shall return the same to the creditor after it has
been registered and recorded. |