The records shall be retained in a safe and secure manner, for five years following the date of the notarization.
A backup of the electronic records shall also be maintained for five years following the date of the notarization.
A notary can elect to store such recordings with a custodian, or a repository and such recordings may be stored separately from the journal if it is cross-referencing the place of storage and how the record is stored.
The original records and backup shall be protected from unauthorized use.
What happens to mail sent to the substitute address?
The Safe at Home Program will receive all first class and certified mail sent to the substitute address and then forward that mail to the participant at their designated mailing address.
The Tennessee State Library and Archives has microfilmed copies of older deeds for every county in Tennessee. The deeds records are arranged by the name of the seller/buyer (grantor/grantee). We do not have a means to search for a deed record by knowing the area, address, or longitude & latitude of the property. Information for ordering deed records can be found in Ordering Records. To see inventories of what deed year coverage we have for each county, see our county inventories of microfilmed records.
When a deed search is requested, we follow these procedures:
We locate the cumulative index (if available), usually in a book separate from the deed books. If there is no cumulative index, we use the index appearing in each volume of deeds.
We check to see if the index indicates the date of the deed. If it does, we search the portion of the index covering the dates requested for the name requested.
If the dates are not shown in the index entries, we determine which deeds books were in use during the dates requested in the search. For example: if the request is for a deed dated 1860-1865, and we find that Deed Book C covered 1856-1861 and Deed Book D covered 1861-1866, we would search that portion of the index that includes entries for Deed Books C and D.
Within the time period requested, we look for deeds matching the name of the person requested. Both grantor (seller) and grantee (buyer) indexes are searched. Deed indexes are not always completely alphabetized, but only grouped under each letter of the alphabet. For example: to locate deeds for Jasper Bates, we scan the entire letter & #8220;B” in the index.
If an entry matching the request is found, we copy the deed and mail it to the client.
If more than one matching entry is found, we copy the index pages containing them and mail them to the client, with instructions to select one to be copied at the standard fee.
If no related entry is found, we advise the client that the index was searched, indicating the dates covered by the search.
Deeds are not always recorded in the year they are written, so a deed written in 1865 but not recorded until 1875 will not be located using this search strategy. We have no way of ascertaining whether a deed was recorded when it was written. Name of grantor is not always the expected name; some properties are sold by power of attorney, sheriff or court clerk to satisfy a legal judgment, so the deed would be indexed under the name of that person.
Please note: Archival materials are available for retrieval between the hours of 8:00 am – 12:00 pm and 1:00 pm – 4:00 pm. If you know you will need materials between 12:00 pm – 1:00 pm, please call ahead to the Public Services section at 615-741-2764 or visit the Ask Us a Question! web page. We will do our best to accommodate your request.
How is a case initiated?
Cases are opened with the Administrative Procedures Division (APD) by the state or local government agency for whom APD is hearing the case. An individual or business who wants to appeal a government agency’s ruling will file an appeal with that agency. The agency then refers that appeal to APD. Individuals do not open cases directly with APD.
For example, if a property owner wants to appeal their county property tax, the owner will file an appeal with the respective county’s board of equalization. If the property owner wants to appeal further, beyond the county, then the property owner will file an appeal with the State Board of Equalization. It is the State Board of Equalization that then refers the appeal and opens a case with APD.
For another example, if someone is denied coverage of a medical service by TennCare and wants to appeal that denial, that individual will appeal to TennCare. TennCare will then refer the appeal and open a case with APD.
There are two exceptions to this process: 1) an individual property owner and a municipality disagree as to whether the property has been annexed by the municipality (TCA 8-3-102). For these cases, the property owner or the municipality may file a complaint against the opposing party with the secretary of state. 2) a public official challenges a fraudulent lien against his or her property (TCA 47-9-513). For these cases, the office where the lien is being filed forwards the challenge to APD.
Does the State of Tennessee offer e-notaries?
No, the State of Tennessee only offers notaries and remote online notaries.
Where does APD get its authority?
Generally, APD gets its authority from the Tennessee General Assembly through the laws they adopt, specifically the Uniform Administrative Procedures Act (UAPA) (Tenn. Code Ann. § 4-5-101, et seq.) In addition, many Tennessee statutes require state agencies to comply with the UAPA in conducting certain types of cases. For example, the TEAM Act requires that certain state employee disciplinary cases be conducted in accordance with the UAPA (Tenn. Code Ann. §8-30-318) and the Department of Safety and Homeland Security must conduct procedures about property that might be forfeited to the State under the provisions of the UAPA (Tenn. Code Ann. §8-30-318). APD also contracts with local governments to conduct employee disciplinary proceedings and with colleges and universities to hold hearings required by Title IX.
Where can I file a complaint or share a concern?
If you want to appeal the decision made in your case, then you should follow the instructions given here and as attached to your order.
If you are concerned about the ethics, demeanor, or conduct of APD employees, including APD support staff or ALJs, then please send your complaint in writing to the Director of APD.
You can file form SS-4800 to change the mailing address by mail or in person. A change in Registered Agent or principal address requires filing Articles of Amendment and paying the statutory $20 filing fee. Forms can be found on our the Forms & Fees page for mail and in person filings.
Who does APD work for?
APD is a division of the Tennessee Secretary of State’s office, which is within the Legislative Branch of Tennessee state government. APD employs a central panel of judges who are independent of the Executive Branch and the agencies whose cases are heard before them. This independence ensures that an extra layer of due process protection is afforded to all parties involved in each case.