The Real Estate Encyclopedia
How Is A Property Recorded?
Category - Home Selling Questions - Selling Legal & Closing FAQ's

The act of entering into the book of public records the written instruments affecting the title to real property, such as deeds, mortgages, contracts for sale, options and assignments is known as recording.  There is also a body of public records, apart from the real estate recording system, that has a bearing on the quality of title.  A title searcher would also check, for example, public records regarding probate, marriage, taxes and judgments. 

 

Under the individual state recording acts, all instruments in writing affecting any estate, right, title or interest in land must be recorded in the county where the property is located.  From a practical point of view, the recording acts give legal priority to those interests, which are recorded first. 

 

To be eligible for recording, the instrument must comply with the stateís provision of the recording statutes in which the real property is located.  Many states require that the names by typed underneath the signatures and some states require that the documents be witnessed by a notary public or other officer with the authority to take acknowledgments.  Some states also require that the name of the attorney who prepared the document also be shown. 

 

Each count has a public recorderís office known as the recorderís office, the county registrarís office or the bureau of conveyance.   

 

When a copy of the deed is recorded, the recorder cross-indexes it under the names of both the grantor and grantee.  The registrar usually charges a flat fee per document or per page. 

 
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Home Selling Questions - Selling Legal & Closing FAQ's
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