Recording
Filing documents in the county's public records so they give notice to the world.
01
What It Means
Recording is the act of filing a deed, deed of trust, release, easement, or other instrument with the county clerk and recorder. Once recorded, the document becomes part of the public record and gives constructive notice of its contents.
The title company typically handles recording after closing, then returns the recorded documents and issues the title policies.
02
Why It Matters
Priority among competing interests generally depends on recording order. A lien recorded first usually takes precedence over one recorded later.
Documents that were never recorded — an old easement agreement, a release of a paid-off loan — can create problems years later, which is why confirming recording matters.
03
Common Misconceptions
- "An unrecorded deed is invalid." It may be valid between the parties, but it generally does not give notice to third parties, which is where risk arises.
- "Recording is instantaneous." Depending on the county and method, recording may occur the same day or take longer.
- "Recording proves the boundaries." Recorded descriptions are legal descriptions; physical boundaries are established by survey.
04
Questions to Ask
- When will the deed and loan documents be recorded?
- How will I confirm that recording actually occurred?
- Have prior loans and liens been released of record?
- Which recording fees and transfer taxes apply?
- When should I expect the recorded documents and my policy?
05
Related Reading & Resources
The most successful real estate decisions often involve collaboration between several professionals working toward the same goal. Understanding each person's role helps you ask better questions and make more confident decisions.
06
Other Title Terms
- Title SearchThe research process that traces recorded ownership and identifies documents affecting a property's title.
- Title CommitmentThe document that sets out what the title company found and the terms on which it would insure title.
- Title InsuranceCoverage designed to protect against certain covered defects in title that existed before the policy was issued.
- Owner's PolicyThe title insurance policy that protects the buyer's ownership interest rather than the lender's loan.
- Lender's PolicyThe policy a lender requires to insure the validity and priority of its lien.
- EscrowThe neutral holding and disbursement of funds and documents according to the parties' written instructions.
Questions About the Closing Process?
Closing on a property involves many moving parts, from title research and escrow to signing documents and recording ownership. I'd be happy to help you understand the process, answer your questions, and connect you with experienced title professionals as you prepare for your transaction.
Schedule a Consultation