Posted on: 09th Apr, 2004 03:12 am
Recording refers to the filing of a legal document. Documents such as deed, mortgage note, satisfaction of mortgage, etc are recorded to confirm their entry into the public records. Such documents state the property details that affect the title of ownership. When such a document is properly recorded following the procedures, it becomes an official public record.
Law does not require every document to be recorded. Even then, the recording is done to protect the interest of the persons involved, and provide constructive notice of rights. The local county clerk or the registrar in a particular state records a legal document.
For example, Harry sells his house to Dick. He approaches the registrar or county clerk to record the deed. This confirms his ownership to all other interested parties.
Prior to recording, the document should be acknowledged by an authorized person. This is done to verify the identity of the person signing the document. The document is then indexed and included in the public records. Each document is provided with a unique documentation number. The original document is sent back to the returnee. This should be done during the closing of the deal or within a short time after the closing of the escrow.
Law does not require every document to be recorded. Even then, the recording is done to protect the interest of the persons involved, and provide constructive notice of rights. The local county clerk or the registrar in a particular state records a legal document.
For example, Harry sells his house to Dick. He approaches the registrar or county clerk to record the deed. This confirms his ownership to all other interested parties.
Prior to recording, the document should be acknowledged by an authorized person. This is done to verify the identity of the person signing the document. The document is then indexed and included in the public records. Each document is provided with a unique documentation number. The original document is sent back to the returnee. This should be done during the closing of the deal or within a short time after the closing of the escrow.
Can the document recording be later, in this case 23years later, and still be effective ? thanks pat
Welcome pointhigh,
If it's a property deed and if both the grantor and the grantee are alive, then the deed can be recorded at the county recorder's office. However, if the grantor of the property is deceased then you will not be able to record the deed.
If it's a property deed and if both the grantor and the grantee are alive, then the deed can be recorded at the county recorder's office. However, if the grantor of the property is deceased then you will not be able to record the deed.
Where do you go get it recorded and what do you need to bring?
Welcome c.compton,
You need to get the deed recorded at the county recorder's office. You will have to carry the deed with you while you visit the clerk's office.
You need to get the deed recorded at the county recorder's office. You will have to carry the deed with you while you visit the clerk's office.
Will a document like a promissory note recorded earlier, have preference than a lien recorder later, does the order of record have any meaning?
When you do a short sale, is it like any other sale?, meaning you accept to sell the house for less , making yourself responsible for the money loss to the lender? or if the lender does foreclosure then you are not sellling or accepting the loss, it is just a result of a misshap?
Hi ernest,
Your query has been replied in the given page:
http://www.mortgagefit.com/problems/record-lien.html
Take a look at it. Hope it helps you.
Hi interkey,
In a short sale, the outstanding loan obligation for a property is greater than what the property can be sold for. You will be responsible for the deficient balance resulting from the sale of the property. However, the credit affect is lower that that compared to a foreclosure. In case of a foreclosure, your credit score would be lowered by 250 points whereas in short sale, it is reduced by 80-100 points.
Your query has been replied in the given page:
http://www.mortgagefit.com/problems/record-lien.html
Take a look at it. Hope it helps you.
Hi interkey,
In a short sale, the outstanding loan obligation for a property is greater than what the property can be sold for. You will be responsible for the deficient balance resulting from the sale of the property. However, the credit affect is lower that that compared to a foreclosure. In case of a foreclosure, your credit score would be lowered by 250 points whereas in short sale, it is reduced by 80-100 points.
my friend and i purchased a house together with a gentlemens agreement we both owned the house. however, he is the only one on the deed. my hoa wants me to have a legal quit claim recorded with county records to prove i am part owner of our house to be a member of the hoa board. my question is, does the quit claim deed have to be recorded with county to prove i'm partial owner, or is a copy of the original deed suffice.