What Happens if a Deed Is Not Recorded?
What is deed?
When you buy a home from an owner of the house, it is usually the job of your property rights or an escrow agent to submit the actual deed (this document indicates that you own the property) to the appropriate government agency in your county. This is called “recording” your actions. With proper handling, any actions will be recorded within two weeks to three months after the case is closed.
Nonetheless, in many cases, the behavior is not recorded properly. The property agency made mistakes, behaved, and even went bankrupt. Even the county government sometimes fails to record an agreement that has been properly presented. Unorganized deeds are situations where property ownership (usually immovable property) is not registered with the appropriate Public Records Department. You can follow the steps below to verify that your agreement has been recorded and the importance of removing it from the to-do list.
The Purpose of recording deed in law form
Each state has laws in place to record real estate documents, such as deeds, mortgages, fiduciary work, mechanic lenses, decision lenses, income tax loans, leases and other valid documents that may affect property rights.
In some states, unregistered contracts are invalid unless they are recorded. If the agreement is not recorded, it will not publish “constructive notice” of its contents to the world
The entire title insurance industry relies on the interpretation of state records laws and their application to specific documents affecting certain properties. When a claimant submits an unstructured document, the person usually loses to the person who previously recorded his or her disputed document in the same dispute.
The basic rule is: “The first time is right first.” But there are exceptions.
For example, suppose I have paid cash for your vacant land, and you have given me a mutually agreed contract. However, as a bargain, I didn’t get the owner’s title insurance policy and forgot to bring my contract to the local contract office. A year later, you found out that I had neither occupied the land nor recorded any action.
Due to the urgent need for cash, you will be selling the same land fraudulently to another buyer who paid cash but immediately recorded the transaction. Although I was the first, the other well-meaning buyer did not give constructive notice of my previous actions, so he won the game of going to court to record his actions and became the legal owner.
State law requires you to record your deed
Almost all states have so-called “recording regulations.” These laws determine who owns the immovable property and who has financial or other interests (such as mortgages or loans). It also controls the preferential order that must be given in benefits – in fact, in many cases, if the property is sold, its debts or claims have to be repaid first.
However, the rules of recording vary among different countries, they all require that property be formally registered with the appropriate county office in order to be eligible for immovable property. The final agreement certifies the buyer (or transfer) as the legal owner of the property.
So, what does that mean for your property ownership? If your contract is not recorded, you will not be identified as the legal owner of the property.
What can happen if deed are not recorded?
In fact, not recording your deed would mean that if you want to sell a property, repay a mortgage, or establish a home equity line reputation, you can’t. Even if you do not have an existing plan to sell or repay, unregistered actions can result in home loss or risk of having to pay back to the previous owner.
First, if your contract is not recorded, nothing in the public record can prevent the seller from transferring the property to others. If the seller sells your property to someone else, and that person records your actions in front of you in the county clerk’s office, you may be at risk of property damage. Impossible, but terrible.
If your seller fails to repay the loan, and the seller’s creditors file a claim or decision on your property, another scenario may arise. Since lenders are allowed to sue and decide on the assets of the debtors, if your property is still listed in the public records as the seller’s assets, you should bear the burden of the property instead of your own entitlement or judgment may fall.
While this is unlikely, it is still possible for the seller to fraudulently impose a mortgage or home equity credit line on your property. The bank will not know that the property has been transferred to you and may sell the mortgaged loan to the seller.
Check if your deed is recorded
Very few people know that their behavior can be troubling before they sell the property or try to refinance the mortgage. To find out quickly, just contact your lawyer or escrow agent and ask for a copy of the record page.
The record page lists the date of your contract record as well as the volume and page number where the contract can be found. You can also contact the County Staff Office yourself and ask how to view the county’s land records. Many counties now have free online access to real estate records.
What to do in case of unrecorded deed
If your contract has not been recorded, please notify your solicitor or the title insurance company immediately and ask them to take action to record your contract as soon as possible. Also notify your mortgage lender as this can help you to record your deed.
It’s relatively easy to verify that your contract has been recorded. If there is a problem, finding out before you have a problem can save you a lot of money and hassle. Please contact your lawyer, title insurance agent or real estate agent for more information.
Once the transfer dies, the consequences of failing to record the agreement may be the result of federal or state taxes for the recipient, depending on state laws and the size of the transfer property. The new homeowner should investigate state fines for failing to record the transfer of the contract. The assignee may be subject to other tax obligations, such as a federal tax form to sign the gift and fill out the gift at the time of delivery.