October 12, 2020
Why do documents need to be recorded on the public record? The purpose of recording is to establish priority, who was there first, who was there second. For example, a first mortgage is called a first mortgage because that lender was the first to record. A second mortgage is called a second because that lender was the second to record. So, by recording you establish priority. The buyer of the property would be most interested in doing this. Because once the buyer receives the deed and title is transferred, the buyer wants to record that deed to make sure that the buyer is first in line. The second reason we record on the public record is to provide constructive notice. Constructive notice means that by recording a document, such as a deed, you have constructively, or in essence told everyone in that County, what is taking place. All anyone needs to do to find out what has taken place is something to go down to the County courthouse and look up that particular record. Recording a deed in the county where the property is located places the document in the public records, providing constructive notice to subsequent purchasers, mortgagers, creditors, and the general public about a conveyance related to a specific parcel of real property.
Who files the deed after closing? Generally, the lender sends the documents to be recorded after the closing. The recording fees are included in your closing costs. Typically, the lender will provide you with a copy of the deed of trust after the closing. The original warranty deeds are often mailed to the grantee after they are recorded.
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