Series 82705

Washington County (Utah). County Recorder Mortgages, 1884-1956.

13 microfilm reels

These records are housed in the Utah State Archives' permanent storage room.

Historical Note

See history of the records' creator.

Summary of Records

County recorders are required by Utah law to record all conveyances, mortgages and other instruments, papers or notices affecting the title or possession of real property within the county (Utah Code, Annotated, 1953, 17-21-10). In 1884 Washington County recorder began keeping a separate volume for mortgages and related documents. These volumes include mortgages, chattel mortgages, corporation mortgages, mortgage releases, chattel mortgage releases, assignment of mortgages, second and third mortgages, renewal of chattel mortgages, and a few bills of sale.

Scope and Content

County recorders are required by Utah law to record all conveyances, mortgages and other instruments, papers or notices affecting the title or possession of real property within the county (Utah Code, Annotated, 1953, 17-21-10). In 1884 Washington County recorder began keeping a separate volume for mortgages and related documents. These volumes include mortgages, chattel mortgages, corporation mortgages, mortgage releases, chattel mortgage releases, assignment of mortgages, second and third mortgages, renewal of chattel mortgages, and a few bills of sale.
A mortgage is a conditional conveyance, in which property is used as collateral to secure a loan. When the terms of the mortgage are fulfilled, the deed or conveyance becomes null and void and the title is retained by the grantor. The term "mortgage" refers to a mortgage of real estate, and "chattel mortgage" to a mortgage of personal property such as livestock, merchandise, machinery or furniture. The Territorial Legislature definedthe terms of chattel mortgages and specified that the same should be recorded in the county where the mortgagor resided, and that the county recorder should keep a book specifically for that purpose with an index (Compiled Laws of Utah, 1888, chapter IV, part VI). In compliance, the Washington County recorder began a separate volume, in 1884, entitled "Chattel Mortgages." However, Book A is really a mixture of both chattel and real estate mortgages. Book A 1 contains only chattel mortgages on preprinted forms. Succeeding books contain both real estate and chattel mortgages. The statutes governing chattel mortgages were repealed by the legislature in 1965 and were superceded by the implementation of a uniform commercial code. Mortgages entered into before Dec 31, 1965 were completed and enforced, but no new chattel mortgage contracts could be made after that date (Utah Code, 1989, 70A-10-102).
Mortgage documents identify the mortgagor (borrower) and mortgagee (lender), describe theproperty and specify the terms of payment. When a mortgage has been paid, the recorder sometimes entered a release or satisfaction of mortgage. However, frequently a simple notation in the margin is the only indication that a mortgage was satisfied. In addition to individual mortgages, the Washington County mortgage books contain corporation mortgages, usually detailed contracts, such as an "Indenture between Dixie Rural Electric Association and the Continental Bank and Trust Company of Salt Lake City" (Book A 16). After 1918 the books include many Federal Farm Loan Amortization Mortgages; after 1925 they include many State Land Office Farm Loans; and after 1940, United States Department of Agriculture Farm Security Administration Real Estate Mortgages. After about 1945 the previous variety of documents gives way to only real estate mortgages and releases of mortgage.

Arrangement

Chronological.

Additional Forms

This series is available on microfilm.

Access Restrictions

This series is classified as Public.

Use Restrictions

These records are available for reproduction and use.

Preferred Citation

Cite the Utah State Archives and Records Service, the creating agency name, the series title, and the series number.

Acquisition Information

These records were acquired from the creating agency through established retention schedules.

Processing Information

Washington County mortgages were microfilmed in August and September 1973 by Utah State Archives and processed by Rosemary Cundiff in January 2001.

Other Finding Aids

Indexes: Indexes are included for books recorded Apr 1919-May 1922 and Sep 1944-Jun 1954. Relates series also index these books.

Related Material

Official records from Washington County (Utah). County Recorder, Series 7067, contain mortgages recorded after 1956.
Abstracts (sectional land) from Washington County (Utah). County Recorder, Series 16432, show conveyances and encumbrances, including mortgages, by tract.
Mortgage index from Washington County (Utah). County Recorder, Series 23260, provides an index to mortgages recorded after 1954.
Deeds (Washington) from Washington County (Utah). County Recorder, Series 23262, contain mortgages recorded before 1884.
Deeds (Silver Reef) from Washington County (Utah). County Recorder, Series 23263, contain mortgages recorded before 1884.
Deeds (Pine Valley) from Washington County (Utah). County Recorder, Series 23264, contain mortgages recorded before 1884.
Deeds (Saint George) from Washington County (Utah). County Recorder, Series 23286, contain mortgages recorded before 1884.
Miscellaneous records index from Washington County (Utah). County Recorder, Series 23468, provides reference to some of the documents in the mortgage books.
Abstracts (Saint George) from Washington County (Utah). County Recorder, Series 23554, show conveyances and encumbrances, including mortgages, by tract.
Abstracts (towns) from Washington County (Utah). County Recorder, Series 23555, show conveyances and encumbrances, including mortgages, by tract.
Chattel mortgages from Washington County (Utah). County Recorder, Series 23679, contains chattel mortgages from 1955-1962.
Chattel mortgages index from Washington County (Utah). County Recorder, Series 82702, provides an index to chattel mortgages beginning in 1898.
Grantee indexes from Washington County (Utah). County Recorder, Series 82703, provide an index to documents in this series.
Grantor indexes from Washington County (Utah). County Recorder, Series 82704, provide an index to documents in this series.
Water claims index from Washington County (Utah). County Recorder, Series 82708, provides an index to documents in this series related to water rights.
Deeds from Washington County (Utah). County Recorder, Series 84219, contain mortgages recorded in the early territorial period.

Container List

ReelDescription
1Oct 1884-Jun 1913 (Book A)
1Dec 1906-Jun 1915 (Book A 1)
1Apr 1913-Dec 1916 (Book A 2 to page 553)
2Dec 1916-May 1917 (Book A 2 continued)
2May 1917-May 1920 (Book A 3)
2Apr 1919-Feb 1922 (Book A 4 to page 346)
3Feb 1922-May 1922 (Book A 4 continued)
3May 1922-Dec 1924 (Book A 5)
3Dec 1924-May 1927 (Book A 6 to page 550)
4May 1927-Jul 1927 (Book A 6 continued)
4Jul 1927-Aug 1929 (Book A 7)
4Aug 1929-Aug 1931 (Book A 8)
5Aug 1931-Mar 1935 (Book A 9)
5Mar 1935-Jun 1935 (Book A 10)
5Jun 1935-Sep 1935 (Book A 11 to page 70)
6Sep 1935-Aug 1937 (Book A 11 continued)
6Aug 1937-May 1940 (Book A 12)
6May 1940-Aug 1940 (Book A 13 to page 30)
7Aug 1940-Sep 1942 (Book A 13 continued)
7Sep 1942-Sep 1944 (Book A 14)
8Sep 1944-Jan 1946 (Book A 15)
8Jan 1946-Nov 1946 (Book A 16)
9Dec 1946-Dec 1947 (Book A 17)
9Dec 1947-Dec 1948 (Book A 18)
9Dec 1948-Jan 1949 (Book A 19 to page 30)
10Jan 1949-Dec 1949 (Book A 19 continued)
10Dec 1949-Sep 1950 (Book A 20)
10Sep 1950-Nov 1950 (Book A 21 to page 96)
11Nov 1950-Jun 1951 (Book A 21 continued)
11Jun 1951-Mar 1952 (Book A 22)
11Mar 1952-Sep 1952 (Book A 23 to page 216)
12Sep 1952-Mar 1953 (Book A 23 continued)
12Mar 1953-Jun 1954 (Book A 24)
12Jun 1954-Dec 1954 (Book A 25 to page 341)
13Jan 1955-Feb 1956 (Book A 25 continued)