(a) The preparer of any document recorded in the office of the county register of deeds shall not place personally identifying information on any document filed or recorded in the office of the county register of deeds, other than a power of attorney. However, the county register shall not refuse to record a document for failure of the preparer to comply with the prohibition contained in this section regarding use of personally identifying information; nor shall the failure to comply with such prohibition affect the validity or recordability of any document.
Terms Used In Tennessee Code 10-7-515
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: includes a natural person, corporation, firm, company, association or any other business entity. See Tennessee Code 10-7-503
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
- written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
REQUEST FOR REDACTION OF PERSONALLY IDENTIFYING INFORMATION FROM ELECTRONIC DATABASES
1. Full name of individual whose personally identifying information will be redacted as it appears on the document: ______________
2. Name of person making the request if different than above: ______________
3. If not the individual whose personally identifying information will be redacted, identify the legal relationship that entitles you to make the request: (check one)
a. Surviving spouse ____________________
b. Attorney-in-fact ____________________
c. Court appointed guardian ____________________
4. Type of record: ______________
5. Book and page number or other reference identifying where the document is recorded in the ____________________ County Register’s office:
Book No. ____________________ Page No. ____________________ or Instrument No. ____________________
6. Signature of person making the request: ______________
State of Tennessee
County of ______________
Personally appeared before me, ______________ (person duly authorized to take acknowledgments in [____________________] county), the within named ____________________, with whom I am personally acquainted (or proven to me on the basis of satisfactory evidence) and who acknowledges that such person executed the within instrument for the purpose of making a request of the Register of Deeds of ______________ County, Tennessee, to redact personally identifying information from the aforementioned record, excepting microfilm records.
Witness my hand this ____________________ day of ______________, 20____________________.
____________________
(signature of person taking acknowledgement)
[Space for Seal of Office]
(d) The completed request form provided in subsection (c) may be recorded in the office of the county register of deeds where submitted. The register has no duty to inquire beyond the acknowledged request to verify the identity or authority of the person requesting the redaction.
(e) Upon recording the written request, the county register shall act in accordance with the request to redact the personally identifying information from electronic databases in the office of the county register where practicable. If redaction is not practicable, the county register shall not record the request form and shall verbally or by writing explain why redaction is impracticable to the person making the request.
(f) A county register of deeds may redact any personally identifying information that is found on a recorded document maintained on a computer or removable computer storage media, including CD-ROM disk, if the records are stored in a manner that permits redaction.
(g) Notwithstanding any other law to the contrary, compliance with this section shall satisfy all of the obligations of a county register of deeds under § 10-7-504(a)(29) relative to the nondisclosure of personally identifying information.
(h) As used in this section, “personally identifying information” has the same meaning as defined in § 10-7-504(a)(29).
