A recorder of deeds, also called a registrar of deeds, is a government official who is tasked with recording and registering public property records and documents, including deeds to real property and mortgages. A recorder of deeds manages the central location where the records of property deeds are indexed.
Any individual who may be interested in the status of the title to a property and whether there may be liens against the property may search for that information in the index or registry of deeds. Typically, the recorder of deeds is an agency of county government that may also be referred to as the county recorder or registrar of titles.
The types of documents that are regularly recorded by the recorder of deeds include:
- Deeds;
- Mechanic’s liens;
- Deeds of trust for mortgage loans;
- Releases from mortgages.
Each state has its own recording act that governs the registration and the recording of a deed. These are laws that regulate the recording of deeds as well as other significant documents that are associated with the ownership of property.
Recording acts also regulate deed contests and title searches.
Why Should a Deed Be Recorded?
Recording deeds and other real estate documents is extremely important. An individual should record every deed they have relating to an interest in property for two main reasons: to establish certainty of title and so it can be seen when a title search is conducted.
A title search is done when an individual or entity that has an interest in the status of the title to a certain piece of property, such as a mortgage lender, needs to examine it. In general, the individual or entity will typically try to locate the deed or title at the county recorder’s office.
If the deed is registered at the office, the documents will provide important information regarding the property. This includes who owns it and whether there is a Deed of Trust, which is evidence of an outstanding mortgage loan. Additionally, the deed will show the chain or prior and current ownership of the property in addition to any encumbrances to the title, such as liens or easements.
What Is Certainty of Title?
Deeds are recorded to provide certainty of title. This means that a recorded deed provides assurance that the property owner does own the parcel and that their property rights are secured against legal challenges.
For example, the deed and documents that accompany it typically contain a description of the boundaries of a property. Property owners never know when the precise boundaries of their property may become an issue. This commonly arises when a neighbor builds a fence or structure that is actually over their property line.
How Do I Record My Deed With the County Recorder?
If an individual has obtained a deed to a property, they should record it with the county recorder so they can have certainty of title. The first step is to bring the deed itself and copies of the deed to the recorder’s office for the county in which the property is located.
The clerk will enter a copy of the deed into the official record. These records are kept in chronological order so that the chain of titles is properly reflected in the index.
The county recorder may also enter other information, for example, a map of the property and contact information for the property owner. The original copy of the deed will be returned to the owner of the property once the process is complete.
The property deed becomes a public document once it is a matter of public record at the county recorder’s office. After that, any individual or entity with an interest in transactions related to the property can search the documents and find verification of property ownership.
How Long Does It Take to Record a Deed?
In most cases, a properly recorded deed may take anywhere from 14 to 90 days. This may, of course, vary depending on the location.
What Happens if a Deed Is Not Recorded?
If a deed is not recorded, it may lead to many issues, including:
- A chain of title dispute;
- A boundary dispute, for example, if the property is not properly listed or described in the deed document;
- Issues with property taxes;
- Zombie property issues, which occur when an individual moves out after foreclosure but their name is still on the title due to a canceled foreclosure.
There may also be other issues, such as if an individual wants to sell their home, refinance their mortgage, or obtain a home equity line of credit. They would not be able to do so because the deed showing their ownership of the property would be missing.
If a deed is not recorded, it creates a risk that an individual whose title is shown on the unrecorded deed may lose their home. Creditors can file liens and judgments against assets, including property, that are owned by individuals.
If an individual had not recorded their deed, then, according to the public record, the individual who sold the property is still listed as the owner, and the property is their asset. This means that an individual’s property could be encumbered with liens or judgments that are not properly those of the current, unrecorded owner.
While the current owner might eventually be able to have the liens removed, the process for doing that could be lengthy and expensive. In addition, if a deed is not recorded, there is nothing in the public record to stop the prior owner from selling the property to a third party.
If the seller does this, and the new owner records their deed at the county clerk’s office first, the unrecorded owner may risk losing ownership of the property. Although the problem may be resolved eventually, it may require a suit to quiet title in a court of law, which could be costly and time-consuming.
Although not likely, there is also a risk that the individual who sold the property to the current owner could fraudulently execute a mortgage or home equity line of credit against the property that now belongs to the new owner. The bank would not have reason to be aware that ownership had been transferred to the new owner and may lend the seller money that was secured by a mortgage.
There may also be other issues that arise due to a deed not being recorded. All of these reasons illustrate why recording a deed is crucial.
Do I Need a Lawyer for Recording a Deed?
If you have any issues, questions, or concerns related to recording your property deed, it is important to consult with a real estate lawyer. Your lawyer can help you prepare the documents that have to be submitted as well as direct you on how to complete the process.
If you are interested in a property, your lawyer can help you locate and analyze the title of that property. Your lawyer can also advise you whether the property you are interested in has any possible title issues, liens, or encumbrances.
You may discover that a property you own has liens posted against it, or another party may dispute your title because of a failure to record a deed. If that is the case, a real estate lawyer can help you.
