OFFICES AND OFFICERS ‑- COUNTY AUDITOR ‑- DUTIES ‑- MARGINAL NOTATIONS ON GENERAL INDEX TO RECORDS.

OFFICES AND OFFICERS ‑- COUNTY AUDITOR ‑- DUTIES ‑- MARGINAL NOTATIONS ON GENERAL INDEX TO RECORDS.

A county auditor is under no duty, as such, to make in the general index to record a marginal notation on a previously recorded real estate contract indicating the name, volume and page of an assignment of such contract.

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                                                                 February 2, 1955

 Honorable Arnold R. Zempel
Prosecuting Attorney
Snohomish County Court House                                                                                                                Cite as:  AGO 55-57 No. 18

 Dear Sir:

             By your letter of January 17, 1955, you have requested our opinion on the following question:

             When the county auditor is recording an assignment of a previously recorded real estate contract, must he indicate the assignee's name and the volume and page of the assignment on the margin of the prior recording?

             We answer in the negative.

                                                                      ANALYSIS

             Chapter 65.04 RCW sets forth the duties of the county auditor as they apply to recording instruments.  The only requirement of marginal notations concerns the satisfaction of liens, mortgages, etc., and the manner in which the general index shall be made and kept is carefully described.  Inasmuch as the means are available for conducting searches without the use of other types of marginal notations, we are of the opinion that however convenient and useful for such purposes they may be, the county auditor is under no duty, as such, to make them.

              [[Orig. Op. Page 2]]

            We wish to add, however, that such notations are extensively used and are not legally objectionable.

 Yours very truly,

 DON EASTVOLD
Attorney General

RICHARD L. NORMAN
Assistant Attorney General