Your State’s Law Requires That Your Deed Be Recorded
All states have registration laws. This law governs who is recognized as having real estate and who has financial or other interests, such as mortgages or liens. It also defines the order of priority in which interest must be given – literally, in many cases, for which debt or claims are paid in advance if and when the property is sold.
Although the registration of laws differs between states, they essentially require that real estate interests be officially registered at the appropriate county office to be valid, known as Recording Offices. The buyer (or the recipient of the transfer) mentioned in the last registered act is recognized as the holder of the legal right to this property.
So what does this mean in terms of ownership of your property? If your deed has not been registered in a Recording Office, you are not recognized as the rightful owner of your property.
What to do if your deed isn’t registered in a Recording Office
If you haven’t registered your deed in a Recording Office, notify your lawyer and ask to start the process immediately. You should also tell your mortgage lender, as this can help you track your actions.
It’s very easy to check that your deeds are recorded – and you must. Not registering your deed is the #1 way to expose yourself to title fraud. If there is a problem, it can save you significant costs and inconvenience. Contact your lawyer, title insurance agent, or real estate broker to learn the ins and outs of the process.
Finding out Whether Your Deed Was Recorded
Many people don’t know that their loans can be problematic until they sell their property or try to refinance their mortgage.
The registration forms show the date of registration of your deed and include the volume and form number where the action can be found. You can also contact the district clerk’s office fees yourself and ask how to access your district land registry. Many states now offer access to free real estate and property registrations.